Verizon Business - Right-of-Way Master Lease (2019)RIGHT-OF-WAY MASTER LEASE AGREEMENT
This Right -of -Way Master Lease Agreement (the "Agreement") is entered into as of the
Effective Date (defined below), by and between the City of Gilroy, California, a
municipal corporation (the "City" or "Grantor"), and GTE Mobilnet of California Limited
Partnership, a California limited partnership, d/b/a Verizon Wireless ("Grantee").
RECITALS
A. Grantee owns, maintains, operates and controls Communications Facilities (defined
below) and networks serving Grantee's customers in the State of California.
B. Grantee seeks to attach its Communications Facilities to Municipal Facilities (defined
below) owned and maintained by the City and located in the ROW (defined below).
D. The City is willing to permit Grantee's use of and physical occupation of Municipal
Facilities owned by the City upon the terms and conditions set forth herein.
AGREEMENT
In consideration of the Recitals set forth above which are incorporated herein as if fully
set forth below, the terms and conditions of this Agreement and other valuable
consideration, the adequacy of which is hereby acknowledged, the parties agree as
follows:
ARTICLE 1
INSTALLATION OF THE NETWORK
ARTICLE 1.1 Definitions
1.1.1 Building Permit means those permits required in conformance with Chapter 6,
Buildings, of the City Code.
1.1.2 Commence Installation means the date Grantee begins installation of its
Communications Facilities under an Encroachment Permit.
1.1.3 Commence Operation means the date Grantee begins propagating radio
frequencies through its Communications Facilities under an Encroachment
Permit.
1.1.3 Communications Facilities means small wireless facilities as the term is defined
in 47 C.F.R. § 1.6002(I).
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1.1.4 Municipal Facilities means any vertical structures located in the Right of Way
(defined below) and owned by Grantor,
1.1.5 Right -of -Way or ROW means the public rights of way within the City of Gilroy,
California
1.1.6 Encroachment Permit means the encroachment permit in the form attached
hereto as Exhibit A.
ARTICLE 1.2 Permitted Installation. Upon the full execution and delivery of an
Encroachment Permit for Grantee's Communications Facilities, the form of which is
attached hereto as Exhibit A, Grantee may, at Grantee's sole cost and expense and
during the term of this Agreement, locate, place, attach, install, operate, use, control,
repair, upgrade, enhance and maintain its Communications Facilities on Municipal
Facilities within the City's ROW and structurally reinforce or replace Municipal Facilities.
In connection with the foregoing, Grantee shall have access to its Communications
Facilities 24 hours a day, 7 days a week. In the event of any conflict or ambiguity
between this Agreement and any Encroachment Permit, the terms and conditions of the
Encroachment Permit shall control. Grantee shall undertake and perform any work
authorized by this Agreement in a skillful, diligent and workmanlike manner.
ARTICLE 1.3 Cooperation. Upon request by either party, Grantee and Grantor shall
cooperate in good faith to provide each other with non -confidential and non-proprietary
information pertaining to this Agreement. During the first year of the Agreement, the
parties agree that Grantee may only submit Encroachment Permits for up to 10
installations of Grantee's Communications Facilities on Municipal Facilities during a
calendar month. After the first year of the Agreement, the parties shall re-evaluate in
good faith the limit on installations of Grantee's Communications Facilities on Municipal
Facilities during a calendar month.
ARTICLE 1.4 Pre -approval of Communications Facility Design. Grantee and
Grantor shall agree on a number of optional designs for Communications Facilities to be
submitted to Grantor for review and the selection of two designs agreed to by both
parties to be preapproved for installation in Encroachment Permits. The two approved
designs are included in Exhibit B attached hereto. It is understood and agreed that the
final designs will be shown on the plans submitted to the City. Grantee may modify or
replace the approved designs included in Exhibit B attached hereto with Grantor's
Public Works Director's or their designee's approval, such approval not to be
unreasonably withheld, conditioned or delayed. Upon approval of the design
modifications or replacement, the parties agree that the original designs attached as
Exhibit B hereto shall be replaced with the approved modified or replaced designs. To
the extent technically feasible, Grantee shall design its Communications Facilities so
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communications equipment are oriented away from oncoming traffic and covered by
existing signage or planned new signage to the extent Grantee has actual knowledge of
the planned new signage.
ARTICLE 1.5 Commencement of Installation and Operation. Grantee shall
Commence Installation of its Communications Facilities no later than one (1) year after
Grantee's receipt of all required Permits (defined below). Grantee shall Commence
Operation no later than six (6) months after installation of the Communications Facilities
are complete, excepting delays due to any force majeure event.
ARTICLE 1.6 Compliance with Laws. This Agreement is subject to any and all
applicable Laws and the parties shall comply with any such Laws in the exercise of their
rights and performance of their obligations as such are allocated under this Agreement.
"Laws" or "Law" as used in this Agreement means any and all statutes, constitutions,
ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other
applicable requirements of the City or any other governmental entity or agency having
joint or several jurisdiction over the parties to this Agreement or having jurisdiction that
is applicable to any aspect of this Agreement, that are in force on the Effective Date and
as they may be enacted, issued or amended during the term of this Agreement.
Applicable Laws and regulations include but are not limited to those set forth by the
Federal Communications Commission ("FCC") and the State of California's Public
Utilities Commission.
ARTICLE 1.7 Permits. Grantee shall obtain any discretionary, nondiscretionary and/or
ministerial permits relating to the installation of its communications facilities to the extent
required by Law, including without limitation, those permits listed below (collectively, the
"Permits"). Grantee's receipt of all required Permits shall be Grantee's notice to proceed
with installation.
1.7.1 Encroachment Permits. Grantee shall obtain an Encroachment Permit from the
City for the installation of its Communications Facilities and for any other work within the
City's ROW.
1.7.2 Building Permits. Grantee shall obtain any necessary building permits from the
City for the installation of its communications facilities and for any other work within the
City's ROW if required by the Code.
1.7.3 Compliance with Permits. All work within the City's ROW shall be performed in
strict compliance with the applicable Permits and all applicable regulatory requirements.
ARTICLE 1.8. Pole Ownership. it is understood that Grantee may structurally
reinforce or replace the Municipal Facilities required for the Communications Facilities
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permitted hereunder with new poles capable of supporting the Communications
Facilities ("Replacement Poles"). The City shall own, maintain and operate any
structural reinforcements or the Replacement Poles. Grantee (and not City) shall own,
maintain and operate its Communications Facilities.
ARTICLE 1.9 Compensation. Grantee and City agree that compensation should be
as set forth below.
1.9.1 Transactional Costs. Grantee shall pay to City the amount of $14,800.00 to
reimburse City for the transactional costs incurred for the preparation and execution of
this Agreement within 90 days after the Effective Date.
1.9.2 Permit Fee. Grantee shall pay to City a one-time collective non -recurring fee of
(i) $100.00 for each installation of Grantee's Communications Facility on an existing or
replacement Municipal Facility approved in the Permits; or (ii) $1,000.00 for the
installation of a new pole by Grantee intended to support Grantee's Communications
Facility in a location where a Municipal Facility did not previously exist.
1.9.3 Pole Rent. Grantee shall pay to City an annual fee of Two Hundred Fifty Dollars
($250.00 per Municipal Facility (the "Pole Rent") commencing on the first day of the
month after Grantee Commences Installation of the Communication Facilities
("Commencement Date") and on or before each annual anniversary of the
Commencement Date for each Encroachment Permit. Notwithstanding the foregoing,
the parties agree that the initial payment of the Pole Rent for each Encroachment
Permit may not be delivered until 90 days after its Commencement Date. Before the
Pole Rent is paid, Grantor shall provide Grantee a completed, current Internal Revenue
Service Form W-9 and state and local withholding forms if required. Grantee may make
payments by check made out to the order of the City of Gilroy and sent to the following
address or through electronic transfer subject to the City's approval and necessary bank
routing instructions: City of Gilroy, 7351 Rosanna St., Gilroy, CA 95020, Attn: Finance
Department.
1.9.4 City Reimbursement. If Grantee fails to perform work, authorized or required
under this Agreement, the City shall provide Grantee written notice of such failure,
Grantee shall cure the default to the satisfaction of the City within thirty (30) days after
receiving the notice of default. Alternatively, if Grantee determines that such default is
not curable within thirty (30) days, Grantee shall promptly provide the City with an
estimated date upon which the default shall be cured, not to exceed ninety (90) days
from receipt of the notice of default, and shall cure the default within the time frame
provided. If Grantee fails to comply with the time frames specified above, including
completion of work no later than ninety (90) days after receipt of the notice of default,
the City shall have the option to perform or cause to be performed the necessary work.
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The City may charge Grantee for reasonable and actual out-of-pocket costs associated
with the work. Upon receipt of a demand for payment by the City, together with
reasonable supporting documentation, Grantee shall reimburse the City for those costs
within thirty (30) days.
ARTICLE 1.10 Scope of Use Agreement. All rights expressly granted to Grantee
under this Agreement, which shall be exercised at Grantee's sole cost and expense, are
subject to the prior and continuing right of the City under applicable law to use all parts
of the ROW exclusively or concurrently with any other person or entity, provided that
such use does not unreasonably interfere with Grantee's use of the ROW, and are
further subject to all deeds, easements, dedications, conditions, covenants, restrictions,
encumbrances and claims of title record existing as of the effective date of the
applicable Encroachment Permit that may affect the ROW. Furthermore, all work
performed pursuant to the rights granted by this Agreement and the applicable
Encroachment Permits is subject to the prior review and approval of the City in
accordance with its customary permitting procedures. However, City's approval under
this Agreement shall not be required for like -kind modifications or replacements of
existing communications equipment, provided Grantee complies with City's customary
permitting procedures. Nothing in this Agreement may be deemed to grant, convey,
create or vest in Grantee a real property interest in land, including any fee, leasehold
interest or easement. Notwithstanding the foregoing, Grantee is hereby notified that
any property interest deemed to have been created by or as a result of this Agreement
may be subject to property taxation, and Grantee may be subject to the payment of
property taxes levied on the interest.
ARTICLE 1.11 Preference for Municipal Facilities. In any circumstances where
Grantee has a choice of attaching its Equipment to either Municipal Facilities or to third
party -owned property in the ROW and unless Grantee determines in its sole discretion
to attach to the third -party owned property and notifies Grantor the reason(s) for such
determination, Grantee agrees to attach to the Municipal Facilities, provided that (i)
those Municipal Facilities are at least equally suitable functionally as the third party -
owned property, and (ii) the rental fee and installation costs associated with that
attachment over the length of the term are equal to or less than the fee or cost to
Grantee of attaching to the alternative third party -owned property.
ARTICLE 2
TERM AND TERMINATION
ARTICLE 2.1 Term. The term of this Agreement shall be for fifteen (15) years ("Initial
Term") beginning on the effective date of this Agreement, which shall be the date of the
last signature below (the "Effective Date"). The term of any Encroachment Permits
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granted pursuant to this Agreement shall commence on its Commencement Date be
coextensive with the term of this Agreement. The Agreement shall automatically renew
for two (2) additional ten (10) year terms (each, a "Renewal Term") unless either party
delivers to the other a written notice within one hundred eighty (180) days prior to the
expiration of the Initial Term or applicable Renewal Term, if any, of its intent not to
renew.
ARTICLE 2.2 Termination of Use. Notwithstanding Section 2.1 above, Grantee may
terminate any or all of the Encroachment Permits hereunder and its use of and right to
use the correspondent Municipal Facilities (but not any of its remaining obligations
under this Agreement) with sixty (60) days prior written notice.
ARTICLE 2.3 Termination for Cause. An Encroachment Permit, or this Agreement if
the failure affects the Agreement as a whole and all Encroachment Permits, may be
terminated by either party upon written notice to the other party, if such other party fails
to comply with this Agreement or the Encroachment Permit, as applicable, and the party
has failed to initiate a cure within 30 days after receipt of written notice and diligently
pursue it to completion.
ARTICLE 3
CONSTRUCTION, MAINTENANCE AND REPAIR
ARTICLE 3.1 Construction. Grantee shall comply with all applicable federal, state,
and City technical specifications and requirements and all applicable state and local
codes related to the construction, installation, operation, maintenance and control of
Grantee's communications equipment installed pursuant to this Agreement. Grantee
may not attach, install, maintain, or operate any Communications Facilities without an
Encroachment Permit for each location.
ARTICLE 3.2 Electricity Use. Grantee shall pay the utility company directly for the
electricity its communications facilities consume in its operations at the rate charged by
the servicing utility company. The City will continue to pay for electricity consumed for
the operation of its street lighting and other ROW equipment.
ARTICLE 3.3 Street Lighting and Equipment. The Communications Facilities to be
installed by Grantee on Municipal Facilities shall be installed at Grantees sole cost and
expense, including any required ROW improvements or equipment. All work shall be
performed pursuant to the terms of the Encroachment Permit.
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ARTICLE 3.4 Replacement Poles. If Grantee elects to replace an existing Municipal
Facility with a Replacement Pole, such replacement shall be at Grantees sole cost and
expense, including the cost of the Replacement Pole, City street lighting hardware and
other ROW equipment for the Replacement Poles, and all installation costs therefor. All
work to be performed pursuant to the terms of the Encroachment Permit.
ARTICLE 3.5 Maintenance and Repair. Grantee shall, at Grantee's sole cost and
expense, perform all maintenance and repairs reasonably needed to maintain each
applicable Communications Facility hereunder in good condition and appearance, and
in compliance with all applicable Laws. In the event any part of a Communications
Facility requires replacement, Grantee shall, at Grantee's sole cost and expense,
replace such part of the Communications Facility.
ARTICLE 3.6 Repair of ROW. Grantee shall be responsible for any damage, ordinary
wear and tear and casualty damage excepted, to street pavement, existing facilities and
utilities, curbs, gutters, sidewalks, landscaping and all other public or private facilities to
the extent caused by Grantee's construction, installation, maintenance, access, use,
repair, replacement, relocation or removal of its applicable Communications Facilities
hereunder in the City's ROW. Grantee shall promptly repair such damage and return
the City's ROW and any affected adjacent property to a safe and satisfactory condition
in accordance with the City's applicable street restoration standards. Additionally,
Grantee shall obtain any required Permits for all such repair work.
ARTICLE 3.7 Bond. Prior to the installation of any applicable Communications
Facilities hereunder, Grantee shall provide and maintain a bond in the initial amount of
Twenty -Five Thousand and 001100 Dollars ($25,000.00) to cover the initial 25
Communications Facility installations, which has been determined by the City to
represent the estimated cost of Grantee's obligations under Articles 3 and 4 of this
Agreement. Grantee shall adjust the amount of the bond pursuant to the following
table:
Communication Facilities Amount
1-25
26-50
51-75
76+
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$25,000
$50,000
$75,000
$100,000
The bond shall be in a form reasonably acceptable to the City. Upon completion of
Grantee's removal obligations herein, Grantee may terminate the bond and City shall
cooperate with Grantee with such termination.
ARTICLE 4
REMOVAL AND RELOCATION
ARTICLE 4.1 Removal Due to Public Project. Except to the extent not permitted by
Law, upon receipt of a written demand from the City pursuant to this Article 3, Grantee,
at its sole cost and expense, shall remove and/or relocate, within a one hundred eighty
(180) day period after the notification, the applicable Communications Facility whenever
the City reasonably determines that the removal and/or relocation of the applicable
Communications Facility is needed for any of the following purposes: (a) due to any
municipal work to be done by or on behalf of the City or any other governmental
agency, including but not limited to, any change of grade, alignment or width of any
street, sidewalk or other public facility, installation of curbs, gutters or landscaping and
installation, construction, maintenance or operation of any underground or aboveground
facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles,
power lines, telephone lines, cable television lines and tracks; (b) because any part of
the applicable Communications Facility is interfering with or adversely affecting the
proper operation of City -owned streetlight poles, traffic signals or other City facilities; or
(c) to protect or preserve the public health and safety. The City shall cooperate with
Grantee in relocating any Communications Facility removed pursuant to this Section 4.1
in a manner that allows Grantee to continue providing service to its customers,
including, but not limited to, expediting approval of any necessary permits required for
the relocation of the Communications Facility relocated under this Section. Further, if a
City -imposed condition of approval associated with a permit issued to a private
developer requires the relocation of an applicable Communications Facility hereunder,
all reasonable costs to relocate shall be borne by the developer.
ARTICLE 4.2 Removal Due to Termination. Except to the extent not permitted by
Law, no later than one hundred eighty (180) days after termination of the applicable
Encroachment Permit pursuant to the provisions of this Agreement, Grantee shall, at its
sole cost and expense, remove its applicable Communications Facilities hereunder and,
if such removal disturbs the City's ROW, restore the City's ROW to its original condition,
including any landscaping and related irrigation equipment disturbed or removed by
Grantee (as such may have been modified over the term), reasonable wear and tear
and casualty damage excepted, and further excepting Grantee installed landscaping
and related irrigation equipment, or other aesthetic improvements made by Grantee to
the City's ROW at the City's discretion. Alternatively, Grantee may (but shall not be
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required) to abandon its applicable Communications Facilities in place at the City's
discretion, and transfer them to the City.
ARTICLE 4.3 Abandonment. In the event Grantee ceases to operate or maintain and
abandons an applicable Communications Facility hereunder after the initial installation
of the Communications Facility, for a period of one hundred eighty (180) continuous
days or more but excluding maintenance or force majeure events, Grantee shall, upon
written notice from the City, either (a) resume its operation of the applicable
Communications Facility, or (b) vacate and remove the Communications Facility, at
Grantee's sole cost and expense. If such removal disturbs the City's ROW, Grantee
shall also, at its sole cost and expense, restore the City's ROW to its original condition,
reasonable wear and tear and casualty damage excepted, and further excepting any
landscaping and related irrigation equipment, or other aesthetic improvements made by
Grantee to the City's ROW. Alternatively, the City may allow Grantee to abandon its
applicable Communications Facilities in place at the City' s discretion, and convey them
to the City.
ARTICLE 5
INTERFERENCE
ARTICLE 5.1 Interference. Grantee shall ensure that its Communications Facilities
will not cause radio frequency interference with City traffic, public safety or other
communications signal equipment existing at the time of installation of the
Communications Facilities, consistent with the applicable FCC rules in place at such
time. Grantee shall not interfere in any manner with the existing uses of the ROW,
including sanitary sewers, water mains, storm drains, gas mains, poles, aerial and
underground electric and telephone wires, streetlight fixtures, cable television, and other
utility and municipal property without the express written approval of the owner(s) of the
affected property or properties. City reserves the right, but not the obligation, to maintain
and operate the ROW in such reasonable manner as will best enable City to fulfill its
own service requirements or obligations. However, subject to Section 5.2 below, City
agrees that City and/or any other tenants, licensees, or users of the ROW who currently
have or in the future take possession of space within the ROW will be permitted to
install only such equipment that is of the type and frequency that will not cause
interference to the then existing Communications Facilities of Grantee, consistent with
the applicable FCC rules in place at such time. Without limiting any other rights or
remedies and subject to Section 5.2 below, if interference occurs and continues for a
period in excess of 48 hours following notice to the interfering party via telephone at the
numbers referenced in Section 5.2.3 below, the interfering party shall reduce power or
cease operations of the interfering equipment until the interference is cured, with the
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exception of operations necessary to test and/or cure the interference. The parties
acknowledge that there will not be an adequate remedy at law for noncompliance with
the provisions of this Section and therefore the parties shall have the right to equitable
remedies such as, without limitation, injunctive relief and specific performance. If after
good faith efforts the parties are unable to determine the source of the interference, City
shall require all users of a Municipal Facility to individually power down their
communications equipment in order based on the date the user installed their
communications equipment on the Municipal Facility, starting with the user who most
recently installed their communications equipment on the Municipal Facility ("Last User")
followed by the user who installed their communications equipment immediately before
the Last User ("Second to Last User"), followed by user who installed their
communications equipment immediately before the Second to Last User, where such
process shall repeat until the source of the interference is identified.
ARTICLE 5.2 Public Safety & Public Works Communications Systems. The
following provisions apply to the public communication systems (collectively, "Public
System") described in Section 5.2.1 below.
5.2.1 . The City of Gilroy public safety operates in the 150 to 170 MHz range; however,
City of Gilroy public safety will be transitioning to a 700 MHz combination 150/700
analog and digital system. The City of Gilroy Public Works operates at 453.900 MHz.
The City of Gilroy Public Works will be working in both the 450Mhz range as well as the
700Mhz range when the new system is operational.
5.2.2 Post -installation Test. After installation of a Communications Facility, but before
operation of Grantee's Communications Facility, Grantee shall perform a post -
installation test to confirm there will be no interference with City's Public System. Such
test shall be at Grantee's sole cost and expense and may be done through software
tests. Grantee shall also prepare a radiofrequency study prior to installation of the first
Communications Facility, to be performed by an independent third party certified
engineer. If such test and/or radiofrequency study indicates there is interference with
City's Public System, Grantee shall modify its Communications Facility to eliminate the
interference and Grantee shall perform a subsequent test to confirm there will be no
interference. The results of the post -installation test for the first Communications
Facility to be installed and the radiofrequency study shall be submitted to the City Public
Safety Communications Supervisor and the City Engineer. If the Public Safety
Communications Supervisor, in coordination with Police, Fire and Public Works staff,
determines that an applicable Communications Facility hereunder is not reasonably
expected to interfere with the City's Public System, testing under this Section 5.2.2 shall
not be required.
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5.2.3 Single Point of Contact. Grantee may be contacted twenty-four (24) hours a day
by calling 800.264.6620, and City may be contacted twenty-four (24) hours a day by
calling 408-846-0451 during business hours (8AM to 5PM, Monday through Friday), and
408-846-0350 at all other times, to report any emergency or frequency interference
issues. Each party shall also be required to promptly provide to the other party any
contact information changes that may occur from time to time.
ARTICLE 6
TAXES
ARTICLE 6.1 Taxes. Grantee agrees that it will be solely responsible for the payment
of any and all lawful taxes, fees and assessments levied on its use and maintenance of
the applicable Communications Facilities hereunder. Pursuant to Section 107.6 of the
California Revenue and Taxation Code, Grantee recognizes and understands, that
Grantee's use of the City's ROW may create a possessory interest subject to real
property taxation and that Grantee may be subject to the payment of real property taxes
levied on such interest. Grantee will cooperate with the Santa Clara County Assessor in
providing any information necessary for the Assessor to make a property tax
determination. Grantee reserves the right to challenge any such assessment, and the
City agrees, at no cost or expense to City, to provide any public information, including
but not limited to approved plans, to Grantee in connection with any such challenge.
ARTICLE 7
INDEMNIFICATION
ARTICLE 7.1 Indemnity. Grantee shall indemnify, defend and hold harmless the City,
its council members, officers and employees, from and against liability, claims,
demands, losses, damages, fines, charges, penalties, administrative and judicial
proceedings and orders, judgments and the costs and expenses incurred in connection
therewith, including reasonable attorneys' fees and costs of defense (collectively,
"Claims") arising out of the installation, operation or maintenance of Grantee's
communications facilities, or to the extent arising out of the negligence or willful
misconduct of Grantee or its officers, agents, employees or contractors, or any material
breach of this Agreement, except to the extent such Claims arise from or are caused by
the negligence or willful misconduct of the City, its employees, agents or contractors .
ARTICLE 7.2 Limitation of Liability. In all cases, not just those related to
indemnification, neither party to this agreement will be responsible to the other for
consequential, indirect or punitive damages.
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ARTICLE 7.3 Waiver of Claims. Grantee waives all claims, demands, causes of
action and rights it may assert against the City on account of any loss, damage or injury
to any portion of an applicable Communications Facility hereunder, or any loss or
degradation of the services provided by the Communications Facility resulting from any
event or occurrence, except to the extent of the City's negligence or willful misconduct.
ARTICLE 7.4 Limitation of City's Liability. The City will be liable only for the cost of
repair to damaged portions of an applicable Communications Facility hereunder arising
from the negligence or willful misconduct of the City, its employees, agents or
contractors.
ARTICLE 7.5 Environmental Matters. Grantee shall not bring upon, or permit any
other person or entity, under Grantee's control, to bring upon the ROW any hazardous
materials, hazardous substances, hazardous wastes, pollutants, asbestos,
polychlorinated byphenyls, petroleum or other fuels (including crude oil or any fraction
or derivative thereof) in quantities or type that violate applicable Law, except for the
limited purpose of (a) providing materials or substances for emergency power
generators or backup batteries required to operate equipment on a temporary
emergency basis, (b) using small quantities of solvents to clean equipment, or (c) other
uses reasonably incidental to Grantee's operation of Communications Facilities in
conformance with industry standards. Subject to the foregoing, Grantee shall use all
such materials and substances and solvents in compliance with all applicable Laws.
Further, Grantee is prohibited at all times from storing any such materials and
substances or solvents in the ROW, or disposing of any by-products or waste from such
fuels, substances and materials and solvents in the ROW.
ARTICLE 8
INSURANCE
ARTICLE 8.1 Insurance Requirements. Grantee shall obtain and maintain at its sole
cost and expense for the duration of this Agreement insurance pursuant to the terms
and conditions described in this Article.
8.1.1 Insurance. Grantee shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, insurance as follows: (a) a policy or policies
of Commercial General Liability Insurance, with a limit of $2,000,000.00 per occurrence
for bodily injury (including death) and property damage and $4,000,000.00 general
aggregate resulting from wrongful or negligent acts by Grantee; (b) a policy or policies
of Commercial Automobile Liability Insurance covering all owned, non -owned and hired
vehicles in an amount of $1,000,000.00 combined single limit each accident for bodily
injury and property damage covering any vehicle utilized by Grantee in performing the
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work covered by this Agreement; and (c) Workers' Compensation Insurance with limits
as required by the Labor Code, and Employer's Liability Insurance with limits of
$1,000,000.00 each accident/disease/policy limit.
8.1.2 Other Insurance Provisions. The policies shall contain the following provisions:
(a) General Liability and Automobile Liability Coverage: (i) the City, and its elected and
appointed council members, board members, commissioners, officers and officials (the
"Insureds") shall be included as additional insureds as their interest may appear under
this Agreement on all required insurance policies, except for Workers' Compensation
and Employer's Liability policies; (ii) Grantee's insurance coverage shall be primary
insurance as respects the Insureds with respect to the matters covered by this
Agreement, and any insurance or self-insurance maintained by the Insureds shall be in
excess of Grantee's insurance and shall not contribute with it; (iii) any failure of Grantee
to comply with reporting provisions of the policies shall not affect coverage provided to
the Insureds; (iv) Grantee's insurance shall apply separately to each of the Insureds
against whom a claim is made or suit is brought, except with respect to the limits of the
insurer's liability, and each of the Insureds is subject to all policy terms and conditions
and has an obligation, as an Insured, to report claims made against them to the
insurance carrier; (b) Worker' s Compensation and Employers Liability Coverage: the
insurer shall agree to waive all rights of subrogation against the Insureds for losses
arising from work performed by Grantee in the City' s ROW; and (c) All Coverages:
upon receipt of notice from its insurer(s), Grantee shall provide the City with thirty (30)
days' prior written notice of cancellation of any required coverage.
8.1.3 Acceptability of Insurers. Insurance shall be placed with insurers admitted and
licensed to do business in the State of California with an A.M. Best rating of no less than
A: VII.
8.1.4 Verification of Coverage. Grantee shall furnish the City with certificates of
insurance required by this Article 7. The certificates for each insurance policy are to be
signed by an authorized representative of the insurer(s). All certificates are to be
received and reasonably approved by the City before work commences.
ARTICLE 8.2 Secondary Parties. In the event Grantee hires any subcontractors,
independent contractors or agents ("Secondary Parties") to locate, place, attach; install,
operate, use, control, replace, repair or maintain its applicable communications facilities
hereunder, Grantee shall require the Secondary Parties to obtain and maintain similar
policy types and limits of insurance required by Section 7.1 of this Agreement. It shall
be Grantee's responsibility to ensure compliance with this Section 7.2.
ARTICLE 9
13
Gilroy/Verizon Wireless Master Lease Agreement
114477503 2
MISCELLANEOUS PROVISIONS
ARTICLE 9.1 No Waiver. The parties do not intend, and nothing in this Agreement
shall be interpreted as, a waiver of any of Grantee's rights under state and/or federal
law, including, but not limited to, Public Utilities Code section 7901 and 7901.1 and
Government Code section 50030.
ARTICLE 9.2 Nonexclusive Use. Grantee acknowledges that this Agreement does
not provide Grantee with exclusive use of the City's ROW or any Municipal Facility and
that City retains the right to permit other providers of communications services to install
equipment or devices in the City's ROW and on Municipal Facilities. Grantee
acknowledges that the City may make non -confidential and non-proprietary information
available to other providers of communications services concerning the presence or
planned deployment of the applicable Communications Facilities hereunder in the City's
ROW.
Grantee understands and acknowledges that City is subject to the California Public
Records Act, Government Code section 6250 et seq ("Act) and the Gilroy Open
Government Ordinance, Gilroy City Code Chapter 17A ("OGO"), and will therefore make
information regarding the Agreement and/or the applicable Communications Facilities in
the City's ROW available to the public upon request as required by the Act and/or OGO.
Notwithstanding the foregoing, the Grantee may request that financial and other
information proprietary to Grantee in the possession of the City and/or its consultants be
treated, to the extent legally feasible, as confidential information. City will not disclose
any such information without first affording Grantee an opportunity to seek a protective
order, at Grantee's sole cost and expense. Grantee agrees to hold City harmless, and
at City's option, provide legal defense for City, from all claims and demands, including
attorneys' fees, assessed against City that result from the City's refusal or delay in
disclosing documents that Grantee has designated as proprietary or confidential, except
to the extent the Grantee has authorized the release of such documents and the City
has refused to do so.
ARTICLE 9.3 Notices. All notices which shall or may be given pursuant to this
Agreement shall be in writing and personally served or transmitted through first class
United States mail, or by private delivery systems, postage prepaid, to the following
address or such other address of which a party may give written notice:
City: City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention: City Administrator
14
Gilroy/Verizon Wireless Master Lease Agreement
114477503 2
With a copy to:
Berliner Cohen
10 Almaden Boulevard, 1 st Floor
San Jose, CA 95113
Grantee: GTE Mobilnet of California Limited Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network Real Estate
Site: Gilroy SC MLA
Any notice required or provided for under this Agreement shall be deemed served at the
time of personal service. Mailed notices will be deemed served as of the day of receipt.
ARTICLE 9.4 Attorneys' Fees. if legal action is brought by either party because of a
breach of this Agreement or to enforce a provision of this Agreement, the prevailing
party is entitled to recover reasonable attorneys' fees and court costs.
ARTICLE 9.5 Transfers. Grantee shall provide thirty (30) days' prior written notice to
the City prior to any transfer of this Agreement or an applicable Encroachment Permit
hereunder to a third party. An assignment shall not be effective until the proposed
transferee agrees in writing to comply with and be subject to all the terms and
conditions of this Agreement. No such transfer shall relieve Grantee of any obligation to
be performed by Grantee under this Agreement, whether occurring before or after such
assignment or other transfer. Without limiting any provision in this Agreement to the
contrary, Grantee may in the ordinary course of its business and without the prior
written consent of or notice to the City: (a) license an applicable Communications
Facility hereunder, or any portion thereof, to another person or entity; (b) grant an
indefeasible right of user interest in an applicable Communications Facility hereunder,
or any portion thereof, to another person or entity; (c) offer or provide capacity or
bandwidth from an applicable Communications Facility hereunder to another person or
entity; or (d) assign this Agreement or an applicable Encroachment Permit hereunder to
any entity which controls, is controlled by or which is under common control with
Grantee or to any entity acquiring all or substantially all of the assets of Grantee in the
market as defined by the FCC, provided, however, for items (a), (b) or (c), Grantee or
one of its affiliates must at all times retain exclusive control over the applicable
Communications Facility and remain responsible for locating, servicing, repairing,
maintaining, replacing, relocating or removing the Communications Facility pursuant to
the provisions of this Agreement.
15
Gilroy/Verizon Wireless Master Lease Agreement
1144775032
ARTICLE 9.6 Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties and their respective heirs, legal representatives, successors,
assigns and transferees.
ARTICLE 9.7 Entire Agreement; Modification; Waiver. This Agreement constitutes
the entire agreement between the parties relating to the subject matter hereof. All prior
and contemporaneous agreements, representations, negotiations and understandings
of the parties, oral or written, relating to the subject matter hereof, are merged into and
superseded by this Agreement. Any modification or amendment to this Agreement shall
be of no force and effect unless it is in writing and signed by the parties. No waiver of
any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of
any other provision, whether or not similar. No waiver or consent shall constitute a
continuing waiver or consent or commit either party to provide a waiver in the future
except to the extent specifically set forth in writing. No waiver shall be binding unless
executed in writing by the party making the waiver.
ARTICLE 9.8 Severability. If any one or more of the provisions of this Agreement
shall be held by a court of competent jurisdiction in a final judicial action to be void,
voidable or unenforceable, such provision or provisions shall be deemed separable from
the remaining provisions of this Agreement and shall in no way affect the validity of the
remaining portions of this Agreement.
ARTICLE 9.9 Governing Law. This Agreement shall be interpreted and enforced
according to, and the parties rights and obligations governed by, the domestic law of the
State of California, without regard to its laws regarding choice of applicable law. Any
proceeding or action to enforce this Agreement shall occur in the federal court with
jurisdiction over Santa Clara County and the state courts located in Santa Clara County,
California.
ARTICLE 9.10 Survival of Terms. All of the terms and conditions in this Agreement
related to removal due to termination, indemnification, limits of City' s liability, attorneys'
fees and waiver shall survive termination of this Agreement.
ARTICLE 9.11 Captions and Paragraph Headings. Captions and paragraph
headings used herein are for convenience only. They are not a part of this Agreement
and shall not be used in construing this Agreement.
ARTICLE 9.12 Exhibits. All Exhibits referenced in this Agreement are hereby
incorporated as though set forth in full herein.
ARTICLE 9.13 Drafting. The parties agree that this Agreement is the project of joint
draftsmanship and that should any of the terms be determined by a court, or in any type
16
Gilroy/Verizon Wireless Master Lease Agreement
114477503 2
of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that
the same sentences, phrases, clauses or other wording or language of any kind shall
not be construed against the drafting party in accordance with California Civil Code
Section 1654, and that each party to this Agreement waives the effect of such statute.
ARTICLE 9.14 Execution in Counterparts. This Agreement may be executed in one
or more identical counterparts and all such counterparts together shall constitute a
single instrument for the purpose of the effectiveness of this Agreement.
ARTICLE 9.15 Authority to Execute This Agreement. The City and Grantee each
warrant and represent that each person or persons executing this Agreement on behalf
of such party has the full right, power, legal capacity and authority to execute this
Agreement on behalf of such party and has the authority to bind such party to the
performance of its obligations under this Agreement without the approval or consent of
any other person or entity.
Article 9.16 Change of Law. If any state or federal Law sets forth a term or provision
that is inconsistent with or different than this Agreement, then the parties agree to
promptly amend the Agreement to effect the term or provision set forth under such Law.
[signatures on following page]
17
Qilroy/Verizon Wireless Master Lease Agreement
1144775032
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date of last
execution below.
Gilroy, a municipal corporation
By:
Name: Gabriel Gonzalez
Title: City Administrator
Date:
APPROVED AS TO FORM:
ATTEST:
City Attorney
City Clerk
18
Gilroy/Verizon Wireless Master Lease Agreement
114477503 2
GTE Mobilnet of California Limited
Partnership, a California limited
partnership, d/b/a Verizon Wireless
By:
Cellco Partnership
Its:
General Partner
By:
c`
Name:
Scott Stewart
Title:
Director Network
Date: j I 11-2- ' I I
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date of last
execution below.
Gilroy, a municipal corporation
By:
Name: Gabriel Gonzalez
Title: City Admi�} istrat r
Date: ,1 ( b �( 51
APPROVED AS TO FORM:
`n
GilroyNerizon Wireless Master Lease Agreement
114477503 2
GTE Mobilnet of California Limited
Partnership, a California limited
partnership, d/b/a Verizon Wireless
By:
Cellco Partnership
Its:
General Partner
By:
Cs9�S
Name:
Scot Stewart
Title:
Director Network
Date: 11 (Z-W c1
EXHIBIT A
(Form of Encroachment Permit)
[see attached]
19
GilroyNerizon Wireless Master Lease Agreement
I14477503 2
City of Gilroy I Public Works Department
Encroachment Permit
General Conditions of Approval
NOTE: Below are general requirements for work within all public street or utility easement areas.
The Permittee also must comply with all the terms, conditions, rules, and procedures of the
Encroachment Ordinance, Encroachment Agreement, and the Standard Specifications and
Details ("City of Gilroy Standards") of the City of Gilroy.
Encroachment Permit Compliance Required. No person shall make a right-of-way
encroachment or cause any street cut to be made without having secured the proper
permit two (2) working days in advance of the date specified to begin work except when
an emergency street cut is necessary. All work shall be performed in strict compliance
with the terms and conditions of this permit. (Gilroy Muni Code 20.72b)
Failure to Comply. Failure to comply with the requirements of this permit may result in
one or more of the following:
A. The City Engineer shall order immediate suspension of work until non-compliance
is resolved.
B. Should the Permittee or the Permittee's contractor fail to correct the non -
compliances, the City Engineer may cause removal and replacement of deficient
work and/or completion of work to bring the project into compliance at the
Permittee's expense.
C. The City Engineer shall cause traffic controls to be set, as deemed necessary by
the City Engineer, at the expense of the Permittee.
D. If the City Engineer deems emergency repairs necessary, he or she will attempt to
notify the Permittee. If the Permittee cannot be contacted or fails to respond in a
timely fashion, the City Engineer shall cause the work to be done at the Permittee's
expense.
Where corrective work described above is ordered by the City Engineer, the cost of that
work shall be charged to the Permittee on a Labor, Equipment and Materials basis plus
overhead to reimburse the City for its actual costs.
3. Notification. The Permittee shall notify the City at least two (2) working days prior to start
of work and at that time shall provide a project schedule. Permittee shall notify the Police
Department if the work may impede the passage of emergency vehicles (Gilroy Muni Code
20.72b). Temporary "No Stopping," "No Parking," and/or "Tow -Away" signs shall be posted
by the Contractor at least seventy-two (72) hours prior to commencement of work. Signs
shall state days and hours when restrictions apply.
Emergency Street Cut. A permit for an emergency street cut shall be secured no later
than the working day immediately following the emergency street cut. If the emergency
street cut is performed during business hours, the Permittee shall attempt to reach the
City Engineer by telephone in advance of the work. (Gilroy Muni Code 20.73h, 20.95c)
5. Time Extension. If the completion/expiration date stated on the permit will be exceeded,
an application for a time extension must be filed and approved by the City Engineer. The
new completion date shall be indicated on the permit. (Gilroy Muni Code 20.83)
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 1 of 6
6. inspection. Work shall be inspected as indicated on the permit. Uninspected work shall
be removed as deemed appropriate by the City Engineer. To request an inspection, call
(408) 846-0450 at least one (1) working day in advance of requested inspection time.
Inspection shall be scheduled Monday through Friday, except holidays, from 8:15 A.M. to
4:15 P.M. (Gilroy Muni Code 20.85b)
7. Underground Alert. The Permittee must telephone Underground Service Alert (USA) at
(800) 227-2600 to verify utility locations at least two (2) working days prior to any
excavation. Failure to do so shall result in issuance of a Stop Work Notice. Permittee is
responsible for all utility relocations. (Gilroy Muni Code 20.95a)
8. Unknown Underground Facility. If an unknown underground facility is encountered,
work shall cease immediately and both the City Engineer and the utility believed to own
the facility shall be notified. Work shall not proceed until permission is granted by the City
Engineer. (Gilroy Muni Code 20.95b)
9. Posting. The Permittee must keep the signed permit at the worksite or on the premises
of the encroachment at all times. (Gilroy Muni Code 20.84a)
10. Emergency Call -Out. A Permittee shall provide a 24-hour emergency telephone number
on the application and shall display its company name and emergency telephone number
on its barricades. Failure to respond to an incident promptly shall require corrective
measures by the City, the cost of which shall be borne by the Permittee. (Gilroy Muni Code
20.84c, 20.100)
11. Standards. Work shall be constructed in accordance with applicable ordinances, codes,
and Gilroy Standards, for the City of Gilroy. A copy of the City of Gilroy Standards can be
purchased at the Public Works Department at City Hall. (Gilroy Muni Code 20.89; 20.101)
12. Other Regulations. It is the Permittee's responsibility to comply with all City laws and
regulations and to obtain all necessary permits. Such laws, regulations, and permits
include, but are not limited to, the City Business License, Americans with Disabilities Act
(ADA) and Division of Occupational Safety & Health standards. (Gilroy Muni Code 20.75c,
20.89a, 20.97c, 20.88a,)
11 Access. The Permittee shall provide access to all areas in the vicinity of the encroachment
and shall provide necessary temporary sidewalk and warning signs. (Gilroy Muni Code
20.74b, 20.88, 20.96, 20.97)
14. Public Safety. The Permittee shall furnish, erect, and maintain barricades, lights, signs,
flagmen, fencing, and other safety measures to give adequate protection to the public at
all times. Failure of the Permittee to set required warning devices may result in a project
shutdown and charges to the Permittee for costs incurred by the City. (Gilroy Muni Code
20.88)
15. Site Maintenance. Work areas shall be maintained in a neat, clean and safe condition at
all times. Debris shall be removed daily. The site shall be treated for dust control as
necessary. Dirt tracked from the work site shall be cleaned from City streets, curbs,
gutters, and sidewalks. The flushing of dirt and debris to storm drain or sanitary sewer
facilities is strictly prohibited. The Permittee shall employ construction practices that will
prevent pollutants such as mud, silt, chemical residue, and washings from concrete and
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 2 of 6
saw cutting from entering storm drains. The site shall be properly secured during non -work
hours. (Gilroy Muni Code 20.89d)
16. Excavations. All trenches created in existing pavement shall be neatly saw cut. Trench
spoils shall be removed from the job site. Backfill shall consist of sand or approved
granular material compacted to 95% Relative Compaction. Excavations within the public
right-of-way shall be backfilled, compacted, and temporarily paved with cold mix "cut back"
type A.C. prior to 4:00 P.M. to allow for vehicular and pedestrian traffic. The use of non-
skid trench plates is allowed, provided the Contractor covers all edges of the plates with
cold mix material. It shall be the Permittee's and the Contractor's responsibility to maintain
on a daily basis, including weekends and holidays, the amount of material necessary to
maintain the trench surface flush with the existing street or sidewalk. In addition, the
Contractor shall respond to and correct shifting trench plates regardless of the time of day.
If Contractor fails to correct sinking Backfill material or shifting trench plates in a timely
manner, City reserves the right to correct the problem at the expense of the Contractor.
All trenches shall be fully restored within thirty (30) days of first street cut. (Gilroy Muni
Code 20.89d)
17. Vehicle & Pedestrian Traffic. The Permittee shall follow Caltrans standards for traffic
control. The parking of any construction -related vehicles or storage of any material is not
allowed on a public street or sidewalk unless approved in advance by the City Engineer.
(Gilroy Muni Code 20.88, 20.103)
18. Traffic Lane & Sidewalk Closures. The Permittee shall assure that all City streets, travel
lanes, and sidewalks remain open at all times, unless a traffic control plan has been
approved in advance by the City Engineer or his or her representative. A traffic control
plan shall be submitted to the City Engineer or his or her representative for review and
approval with Encroachment Permit Application.
Depending on project scope and site conditions, traffic control plans may need to be
prepared by a California -licensed Traffic Control Firm. Traffic control plans must follow the
current edition of the California Manual on Uniform Control Devices (CA MUTCD). Plans
must be specific to the project site and conditions and phased, as appropriate, to the
address construction of project improvements. Sample plans are not allowed.
City approval of the traffic control plan must precede notification of any closures. The City
Engineer shall be notified of closure dates and duration at least five (5) working days in
advance of proposed closure. (Gilroy Muni Code 20.89d)
19. Construction Staging Areas. Proposed locations of construction staging areas shall be
approved by the City Engineer. Any construction staging area proposed outside of the
public right-of-way shall be disallowed unless the Permittee has secured the prior written
approval of the owner. (Gilroy Muni Code 20.89d)
20. Street Cuts. The Permittee shall use boring and jacking as an alternative to open cut of
streets if required by the City Engineer. No street pavement shall be cut unless specifically
approved in writing pursuant to an Encroachment Permit. Trench restoration shall be
according to the Gilroy Standards, except as modified by additional Special Conditions of
Approval or a design by a licensed civil engineer approved by the City Engineer. (Gilroy
Muni Code 20.92)
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 3 of 6
21. Hazardous Materials. The Permittee is responsible for satisfying all applicable
procedures and regulations in the event hazardous materials are encountered. This
includes notification to emergency phone number 911. (Gilroy Muni Code 20.89d)
22. Monument Preservation. Location of monuments shall be tied out prior to work. Any City
monument damaged, displaced, or destroyed by Permittee's work shall be replaced by
Permittee at Permittee's sole expense. (Gilroy Muni Code 20.106)
23. Removal of Markings. All sidewalk and/or pavement markings painted by Underground
Service Alert (USA), utility companies, or Permittee shall be removed to the satisfaction
of the City Engineer within ten (10) working days after completion of construction. (Gilroy
Muni Code 20.90)
24. Work Hours. All work in the public right-of-way is restricted to non -holiday weekdays 7:00
A.M. to 7:00 P.M. and Saturdays 9:00 AM to 7:00 PM except as noted in Additional Special
Conditions of Approval or Construction Guidelines for Continuing Encroachment
Installations, if applicable. Work is not allowed Sundays and City holidays. (Gilroy Muni
Code 20.89d)
25. Traffic Striping and Pavement Markings. Any traffic striping and/or pavement markings
damaged or destroyed by Permittee's work shall be replaced by Permittee to the
satisfaction of the Traffic Engineer at Permittee's sole expense. (Gilroy Muni Code 20.90)
26. Additional Special Conditions of Approval.
(a) Design and construction of the encroachment that is the subject of this Permit shall
be coordinated with the City of Gilroy and all utilities having jurisdiction.
(b) Master Plan and Schedule of Work shall be updated weekly.
(c) Work site(s) shall have full-time Site Superintendence.
(d) 24-hour emergency phone numbers shall be updated as changes occur.
(e) Method of trench restoration shall be approved in advance of permit and shall be
made an attachment to the permit.
The following to be completed by Public Works staff, as necessary.
(f) This Permit is subject to the terms of the Right of Way Agreement dated
between City of Gilroy and Permittee ("Agreement") and the terms of the
Agreement are incorporated herein.
(g) The requirements in this Permit shall apply to the extent they are applicable to
Permittee's proposed installation and are consistent with the Agreement.
(h) The Master Plan does not apply to Permittee's proposed installation.
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 4 of 6
(i) The work to be constructed pursuant to this Permit shall be in accordance with the
plans attached hereto.
Q) In the event there is a conflict between this Permit and the Agreement, the terms
of the Agreement shall control.
(k) The notices to be provided pursuant to Section 3 above shall be based on the date
Permittee anticipates commencing construction and such notices shall not be
(I) deemed to create a partnership between Permittee and the City of Gilroy.
(m)
27. City License. Contractors and Subcontractors must obtain a City of Gilroy Business
License. (Gilroy Muni Code 20.88a)
28. Bonding. The Permittee is responsible for furnishing a performance bond to be executed
in the face amount not less than one hundred percent (100%) of the total construction
cost. (Gilroy Muni Code 20.77, 20.78)
29. Insurance. The Permittee is responsible for furnishing a completed Certificate of
Insurance with proper endorsements naming as additional insured the City of Gilroy, its
Officers, Officials, Representatives, Agents, Employees, and Volunteers. Certificate of
Insurance forms are available at the Public Works Department at City Hall. (Gilroy Muni
Code 20.76)
30. Indemnification. To the fullest extent permitted by law, Permittee shall defend through
counsel approved by City (which approval shall not be unreasonably withheld,) indemnify
and hold harmless the City of Gilroy, its officers, officials, representatives, agents,
employees, and volunteers against any and all suits, damages, costs, fees, claims,
demands, causes of action, losses, liabilities and expenses, including without limitation
attorneys' fees, to the extent arising or resulting directly or indirectly from any act, errors
or omissions of Permittee or Permittee's assistants, employees or agents, including all
claims relating to the injury or death of any person or damage to any property. (Gilroy Muni
Code 20.76)
31. Permit Commencement and Duration. This Permit is valid for one hundred twenty (120)
days from date of issuance unless stated otherwise in the Additional Special Conditions
of Approval. This Permit will become void if work is not begun within sixty (60) days from
date of issuance. Final inspection and acceptance of work shall close this Permit. (Gilroy
Muni Code 20.82, 20.83)
32. One -Year Warranty. The Permittee shall assume a one (1) year warranty period from the
date of acceptance for all material and workmanship for all work performed under this
Permit in the City right-of-way. Between thirty (30) and forty-five (45) days after notice of
completion, the Permittee shall check for trench settlement and make necessary
adjustment, if any, and then call for an inspection. Permittee shall be released one (1) year
after completion notice from all requirements to maintain trench pavement and patches.
(Gilroy Muni Code 20.77b, 20.78, 20.102)
33. Acceptance. The Permittee's acceptance of this Permit shall constitute acceptance of
and agreement to all of the conditions and requirements of this Permit and the ordinance
authorizing issuance of such permit. Permittee's acceptance of this Permit acknowledges
that it is revocable by the City of Gilroy, and that upon notification of revocation Permittee
shall remove the encroachment at Permittee's own expense, without cost or obligation to
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 5 of 6
the City. The Permittee acknowledges that the Permittee is subject to, and must comply
with, all sections of Chapter 20A of the City Code. (Gilroy Muni Code 20.78)
Gilroy Encroachment Permit —Conditions of Approval FINAL 11.27.2013 Page 6 of 6
EXHIBIT B
(Approved Designs)
[see attached]
20
Gilray/Verizon Wireless Master Lease Agreement
1144775032
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