HomeMy WebLinkAboutORD1453ORDINANCE NO. 1453
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME I,CHAPTER 13:PUBLIC WORKS,BY
ADOPTING BY REFERENCE NEW ARTICLE 13-4:SMALL WIRELESS
FACILITIES LOCATED IN PUBLIC RIGHTS -OF -WAY,MORE FULLY
DETAILED IN THAT CERTAIN DOCUMENT ENTITLED "2017
AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I,
CHAPTER 13:PUBLIC WORKS,NEW ARTICLE 13-4:SMALL
WIRELESS FACILITIES LOCATED IN PUBLIC RIGHTS -OF -WAY";
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTIES; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Arizona Revised Statutes ("A.R.S.") §§
9-240 and 9-276, cities and towns are authorized to regulate and
exercise exclusive control over their streets, alleys, avenues and
sidewalks; and
WHEREAS, the City of Apache Junction (the "City") includes in
its City Code, Volume I, Chapter 13, such regulatory provisions;
and
WHEREAS,H.B 2365 (Wireless Facilities,Rights -of -Way)is
codified under A.R.S. § 9-591 et seq.)and was signed into law on
March 31, 2017 (the "Law"); and
WHEREAS,the Law,allows wireless providers to install and
operate small cell towers and related equipment in city and town
rights -of -way ("ROW") and public easements; and
WHEREAS,the installation of this equipment in ROW
purportedly helps wireless carriers add capacity to their networks
to provide better access to cell phone coverage and high-speed
wireless data service in areas that are not being served by
traditional cell sites; and
WHEREAS, the Law also allows collocation of small cell sites
that replace monopoles in the ROW; and
WHEREAS,maximum fees and charges for small cell wireless
sites are set forth in the Law which cities and towns can charge;
and
ORDINANCE NO. 1453
PAGE 1 OF 3
WHEREAS,cities and towns may implement an application
process with strict processing times for new small cell towers,
monopoles and utility poles in the ROW; and
WHEREAS,the City desires to set reasonable regulations and
fees and charges to the extent allowed under the Law.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1.That certain document entitled "2017 Amendments to the Apache
Junction City Code, Volume I, Chapter 13:Public Works,New
Article 13-4:Small Wireless Facilities Located in Public
Rights -of -Way",one electronic copy which is accessible on
the city's website and one paper copy which is filed in the
office of the city clerk,which document was made a public
record by Resolution No. 17-29 of the City of Apache Junction,
is hereby referred to, adopted and made a part hereof as if
fully set out in this ordinance, pursuant to A.R.S. § 9-802.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with any part of the
code adopted herein by reference are also hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance, or any part of the code adopted herein by reference
is for any reason held to be invalid, pre-empted or unconstitutional
by the decision of any court of competent jurisdiction,such
decisions shall not affect the validity of the remaining portions
thereof.
SECTION IV PROVIDING FOR PENALTIES
Any violation of any provisions adopted herein, shall be punishable
as a class 1 misdemeanor consistent with Apache Junction City Code,
Volume 1,CHAPTER 1:GENERAL,ARTICLE 1-1:GENERAL,§1-1-11,
Penalty.
ORDINANCE NO. 1453
PAGE 2 OF 3
SECTION V ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective February
9, 2018.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNC;iL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 4 P #DAY OF aod-e ine,E4 , 2017.
SIGNED AND ATTESTED TO THIS e r -44 DAY OF Ade-4664 , 2017.
JEFEARDY
014
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1453
PAGE 3 OF 3
2017 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,
VOLUME I, CHAPTER 13: PUBLIC WORKS,
NEW ARTICLE 13-4: SMALL WIRELESS FACILITIES LOCATED IN
PUBLIC RIGHTS -OF -WAY
ARTICLE 13-4
SMALL WIRELESS FACILITIES LOCATED
IN PUBLIC RIGHTS -OF -WAY
13-4-1 Purpose
This article provides design standards, concepts and requirements, as well as
standard terms and conditions necessary for the preservation of the public rights-
of -way ("ROW") in the city for the maximum benefit and use for the public and
applies to the siting, construction or modification of any and all small wireless
facilities ("SWF") proposed to be located in the ROW.
A.Application Authority.Any application for a SWF to be located in the ROW is
subject to approval by the city engineer in addition to other requirements and
processes specified in this chapter to include the Design Standards, Concepts
and Requirements set forth under Appendix A,and Standard Terms and
Conditions set forth in Appendix B. Location or collocation of wireless equipment
on city -owned poles shall be at the discretion of the city engineer as per state law.
B.Eligible Applicants.Only applicants who have been granted the right to enter
the ROW pursuant to state or federal law shall be eligible to apply to install or
modify a SWF or a collocation of such a facility in the ROW. A valid ROW license
shall also be required prior to construction.
C.Speculative Equipment Prohibited.The city finds that the practice of
"preapproving" wireless equipment or other improvements that the applicant
does not presently intend to install but may wish to install at some undetermined
future time does not serve the public's best interest. The city shall not approve
any equipment or other improvements in connection with a SWF application when
the applicant does not actually and presently intend to install such equipment or
construct such improvements.
D.Fiber/Cable.No applicant seeking to install SWF antennas shall seek a ROW
use permit for fiber or coaxial cable only. Applicants shall simultaneously apply
for fiber installation or other cable installation when seeking to install antennas in
the ROW.
E.Application.Applications for a SWF in the ROW shall include, in addition to
other application requirements as stated in this article under Appendices A and
B, the following:
1. Detailed engineering plans of the proposed facility and related report
prepared by an Arizona registered engineer documenting the following:
a. Technical engineering specifications.
b. Evidence that demonstrates that the proposed facility has been
designed to be the least visible equipment within the particular
technology the carrier chooses to deploy.
c. A photograph and model name and number of each piece of
equipment to be used.
d. Power output and operating frequency for the proposed antenna.
e. Total anticipated capacity of the structure, indicating the number
and types of antennas and power and frequency ranges which can
be accommodated.
f. Sufficient evidence of the structural integrity of the pole or other
supporting structure as required by the city.
g. Electrical and mechanical engineering documents for the facility
and all appurtenant equipment, including support equipment such as
equipment cabinets and backup power.
2. A statement providing the basis for the applicant's claimed right to enter
the ROW. If the applicant has a certificate of convenience and necessity
("CCN") issued by the Arizona Corporation Commission, it shall provide a
copy of its CCN to public works department staff.
F.Additional Design and Performance Standards.
1. The applicant shall employ screening, undergrounding and camouflage
design techniques in the design and placement of SWF in order to ensure
that the facility is as visually screened as possible, to prevent the facility
from dominating the surrounding area and to minimize significant view
impacts from surrounding properties all in a manner that achieves
compatibility with the community.
2. Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise, and/or blend into the environment, including landscaping, color,
and other techniques to minimize the facility's visual impact.
3. Facilities shall be located such that views from an adjacent residential
structure are not significantly impaired.
4. All facilities shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety,including,but not limited to,being
located outside of sight visibility triangles and clear zones.
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5. All facilities shall be of subdued colors and non -reflective materials that
blend with the materials and colors of the surrounding area and structures.
6. The applicant shall use the least visible equipment possible. Antenna
elements shall be flush -mounted, to the extent feasible. All antenna mounts
shall be designed so as not to preclude possible future collocation by the
same or other operators or carriers. Unless otherwise provided in this
section, antennas shall be situated as close to the ground as possible.
7. Poles.
a. Only pole -mounted antennas shall be permitted in the ROW. All
other telecommunications towers are prohibited, and no new poles
are permitted that are not replacing existing poles, unless:
(1) Such new poles shall be designed to resemble existing
poles in the ROW near that location, including size, height,
color, materials, and style, with the exception of any existing
pole designs that are scheduled to be removed and not
replaced.
(2) Such new poles that are not replacement poles shall be
located at least 90 feet from any existing pole to the extent
feasible.
(3) A new pole analysis shall be submitted to demonstrate that
the new pole is designed to be the minimum functional height
and width required to support the proposed facility.
(4) All cables, including, but not limited to, electrical and utility
cables, shall be run within the interior of the pole and shall be
camouflaged or hidden to the fullest extent possible.
(5) No new wooden poles shall be permitted. For collocations
on existing wooden poles wherein interior installation is
infeasible,antennas,conduit,cables,and any other
appurtenances attached to the exterior of the poles shall be
mounted flush thereto and painted to match the pole.
b. The maximum height of any antenna shall not exceed:
(1) Four feet above the height of the existing pole.
(2) Nor shall any portion of the antenna or equipment mounted
on a pole be less than 24 feet above any driveable road surface
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for utility poles, 16 feet above any driveable road surface for
light poles, or 10 feet from sidewalk elevation.
c. No portion of any antenna shall project greater than 24 inches from
the pole.
d. Panel or canister antennas, exclusive of shrouds shall not exceed
six cubic feet in dimension.
8. Each facility shall be designed to occupy the least amount of space in the
ROW that is technically feasible.
9. Each facility shall be properly engineered to withstand wind loads as
required by the adopted building code or any duly adopted or incorporated
code. An evaluation of high wind load capacity shall be submitted and shall
include the impact of modification of an existing facility.
10. Each component part of a facility shall be located so as not to cause any
physical or visual obstruction to pedestrian, bicycle, or vehicular traffic,
inconvenience the public's use of the ROW, or create safety hazards to
pedestrians, bicyclists, and motorists, and shall not be located within sight
visibility triangles.
11. A facility shall not be located within any portion of ROW interfering with
access to a fire hydrant, fire station, fire escape, water valve, underground
vault, valve housing structure, or any other public health or safety facility.
12. All ground -mounted facilities,pole -mounted equipment,or walls,
fences, landscaping or other screening methods shall be installed outside
of the clear zone as determined by the city engineer.Placement shall not
obstruct existing or future sidewalk locations.
13. Not including the electric meter, all accessory equipment shall be
located underground, unless city staff determines there is no room in the
ROW for undergrounding, or that undergrounding is not feasible.
a. When above -ground is the only feasible location for a particular
type of accessory equipment and will be ground -mounted:
(1) Such accessory equipment shall be enclosed within a
structure and shall not exceed a height of five feet and a total
footprint of 15 square feet, and shall be fully screened and/or
camouflaged, including the use of landscaping, architectural
treatment,or acceptable alternate screening.Required
electrical meter cabinets shall be screened and/or
camouflaged.
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(2) In locations with rural or residential zoning only along one
side of a street, above -ground accessory equipment shall not
be installed on that side of the street.Such above -ground
accessory equipment shall be installed along the side of the
street that is not rural or residential zoned.
b. While pole -mounted equipment is generally the least favored
installation, should pole -mounted equipment be sought, it shall be
installed as required in this article.
14. Where appropriate, each facility shall be installed so as to maintain and
enhance existing landscaping on the site, including trees, foliage, and
shrubs. Additional landscaping shall be planted, irrigated, and maintained
by applicant where such landscaping is deemed necessary by the city to
provide screening or to conceal the facility.
15. Where facility lighting is required by the FAA, FCC, or other government
entity, a lighting study shall be provided, prepared by a qualified lighting
professional, to evaluate potential impacts to adjacent properties and
traffic.
16. Backup generators shall not be permitted in the ROW.
17. At no time shall equipment noise from any facility exceed an exterior
noise level of 65 dBA three feet from the source of the noise if the facility is
located in the ROW adjacent to a business or industrial zone. Any facility
located within 500 feet of any rural or residential zone, or a residential or
school use, shall not exceed 55 dBA three feet from the source of the noise.
18. Each facility shall be designed to be resistant to,and minimize
opportunities for, unauthorized access, climbing, vandalism, graffiti, and
other conditions that would result in hazardous situations, visual blight, or
attractive nuisances. The director may require the provision of warning
signs,fencing,anti -climbing devices,or other techniques to prevent
unauthorized access and vandalism.
19. Consistent with current federal laws, at the time of modification of SWF,
existing equipment shall, to the extent feasible, be replaced with equipment
that reduces visual, noise, and other impacts, including, but not limited to,
undergrounding the equipment and replacing larger,more visually
intrusive facilities with smaller, less visually intrusive facilities.
20. The installation and construction shall begin within 180 calendar days
after the facility's approval or it will expire without further action by the city.
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21.All applicants must secure a Letter of Credit and ROW License
Agreement as set forth in this article.
22. All applicants shall pay the appropriate ROW License Fees as set forth
in Apache Junction City Code,Vol. I, Chapter 4, Fees, Article 4-6,Public
Works Fee Schedule,Section 4-6-2,Small Wireless Facilities Rights -of -Way
Fees and Charges.
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APPENDIX A
Design Standards, Concepts & Requirements for
Small Wireless Facilities in the Rights -of -Way
Definitions
ANTENNA:Communications equipment that transmits or receives
electromagnetic radio frequency signals and that is used in providing wireless
services.
ANTENNA MOUNTING BRACKET:The hardware required to secure the antenna
to the pole.
ANTENNA MOUNTING POST:The vertical post or pipe that the antenna mounting
bracket is mounted to in order for the antenna to be attached to the pole.
ANTENNA SHROUD:The three -sided cover that is mounted at the base of the
antenna to conceal the appearance of the cables and wires from the hand -hole
port on the pole to the bottom -fed antenna.
CANISTER ANTENNA:The canister or cylinder style housing used to conceal the
antenna(s), amplifier(s), radio(s), cables, and wires at the top of a pole.
COMMUNICATIONS EQUIPMENT:Any and all electronic equipment at the Small
Wireless Facility location that processes and transports information from the
antennas to the wireless provider's network.
DOG HOUSE The plastic or metal attachment to the base of a pole that covers the
transition point of underground cables and wires to the vertical section of the pole.
GROUND -MOUNTED EQUIPMENT:Any communications equipment that is
mounted to a separate post or to a foundation on the ground.
LIGHT EMITTING DIODE:A type of lighting fixture installed on city streetlight and
traffic signal poles.
LIGHT FIXTURE:The lighting unit or luminaire that provides lighting during the
evening hours or during the hours of darkness.
LUMINA IRE MAST ARM:The horizontal post that attaches the light fixture to the
streetlight pole or traffic signal pole.
OMNI-DIRECTIONAL ANTENNA:Also referred to as an "omni-antenna"this
antenna is round in shape, like a pipe, and may be about one (1) inch diameter up
to about six (6) inches diameter.
OUTSIDE DIAMETER:The points of measurement, using the outer edges of a pole,
pipe or cylinder.
PANEL ANTENNA:The style of antenna that is rectangular in shape and with
2
dimensions that are generally four (4) feet to eight (8) feet in height, by eight (8)
inches to twelve (12) inches wide, and four (4) inches to nine (9) inches deep.
REMOTE RADIO HEADS / REMOTE RADIO UNITS:The electronic devices that are
used to amplify radio signals so that there is increased performance (farther
distance) of the outgoing radio signal from the antenna.
RIGHTS -OF -WAY:The area on, below or above a public roadway, highway, street,
sidewalk,alley, or utility easement.Rights -of -way does not include a Federal
Interstate Highway, a state highway or state route under the jurisdiction of the
Arizona Department of Transportation, a private easement, property that is owned
by a special taxing district, or a utility easement that does not authorize the
deployment sought by the wireless provider.
SIGHT DISTANCE EASEMENTS:The area of land adjacent to an intersection,
driveway or roadway that has restrictive uses in order to preserve the view of
oncoming or crossing vehicular and pedestrian traffic by drivers in vehicles
attempting to merge with traffic or enter a roadway.
SIGHT VISIBILITY TRIANGLES:The traffic engineering and safety concept that
requires clear view by the driver of a vehicle to crossing traffic at a stop sign,
driveway or intersection.In order to achieve clear visibility of the cross traffic,
the land areas in the sight visibility triangle has specific maximum heights on
landscaping, cabinets, and other potential view obstructions.
SIGNAL HEAD:The "Red, Yellow and Green" light signals at a signal -controlled
intersection.
SIGNAL HEAD MAST ARM:The horizontal pole that has the signal heads mounted
to it and attaches to the traffic signal pole.
SMALL WIRELESS FACILITY:A wireless facility that meets both of the following
qualifications:
(a)All antennas are located inside an enclosure of not more than six (6)
cubic feet in volume or, in the case of an antenna, that has exposed
elements, the antenna and all of the antenna's exposed elements could fit
within an imaginary enclosure of not more than six (6) cubic feet in volume.
(b)All other wireless equipment associated with the facility is
cumulatively not more than twenty-eight (28) cubic feet in volume, or fifty
(50) cubic feet in volume if the equipment was ground -mounted before the
effective date of this section. The following types of associated ancillary
equipment are not included in the calculation of equipment volume
pursuant to this subdivision:
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(1) An electric meter.
(2) Concealment elements.
(3) A telecommunications demarcation box.
(4) Grounding equipment.
(5) A power transfer switch.
(6) A cutoff switch.
(7) Vertical cable runs for the connection of power and other services.
STEALTH AND CONCEALMENT ELEMENTS:The use of shrouds,decorative
elements, design concepts and faux elements so that a small wireless facility can
be designed to blend in with the surrounding streetscape with minimal to any
visual impact.
UTILITY POLE:A pole or similar structure that is used in whole or in part for
communications services,electric distribution,lighting or traffic signals as
defined in A.R.S. § 9-591(21).Utility pole does not include a monopole.
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Standard Design Requirements
Small Wireless Facility on Existing Streetlight
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details that is included in this document, to
a Small Wireless Facility ("SWF") proposed for a location with an existing City-
owned or third party -owned streetlight in the City of Apache Junction rights -of-
way ("ROW").These design standards are not exhaustive and the City, as the
owner, keeper and manager of the ROW, retains the right to modify or adjust the
requirements on a case -by -case basis.
(A) Pole Criteria:
(1)Purpose of Streetlight Pole:The primary purpose of the pole shall
remain as a pole structure supporting a streetlight luminaire and related
streetlight fixtures used to provide lighting to the City ROW. The attachment
of wireless equipment to an existing streetlight pole or to a replacement
pole that impedes this primary purpose will not be approved.
(2) General Requirement:
(a)An SWF shall be designed to blend in with the surrounding
streetscape with minimal to any visual impact.
(b)A replacement pole shall match the City of Apache Junction
standard streetlight pole,as closely as possible,subject to more
specific criteria below.
(c) As specified in section 6(N) of the City of Apache Junction's Wireless
Facilities Standard Term and Conditions, for each individual pole type
or style used to support the wireless equipment,one spare
replacement pole shall be provided by the wireless provider to City in
advance so the pole can be replaced promptly in case of a knockdown.
(d)All plans shall be signed and sealed by a professional engineer
licensed in the State of Arizona.
(e)All other details in the City of Apache Junction Street Light
Standards which the City Engineer determines that are applicable.
(3) Specific Criteria:
(a)New or Replacement Pole Height: A new or replacement pole may
be installed if one of the two height requirements is met:
(i) Up to a ten (10) foot increase, not to exceed fifty (50) feet total
5
(whichever is less), per A.R.S. § 9-592(1); or
(ii) Up to forty (40) feet above ground level, per A.R.S. § 9-592(J).
(b) Overall Height of Replacement Pole
(i) The "base" height of an existing streetlight pole shall be the height
of the vertical pole section from the existing grade. The height of the
luminaire mast arm, if higher than the vertical pole section, shall not
be used to determine the new overall height of the replacement pole.
(ii)If the antennas are the highest vertical element of the site, then
the new overall height of the replacement pole is measured from the
existing grade to the top of the canister, top of the omni-directional
antenna, or the top of the panel antenna.
(c)Increase in Outside Diameter ("OD") of Pole:The non -tapered
replacement pole OD of the base section shall be equal to the top
section, and the OD shall not exceed eight and five -eights (8-5/8) inches
(the pole manufacturing industry standard OD for an 8 inch diameter
pole) or a 100% increase in diameter of the original pole, whichever is
less.
(d) Luminaire Mast Arms
(i)All luminaire mast arms shall be the same length as the original
luminaire arm,unless the City requires the mast arm to be different
(longer or shorter) based upon the location of the replacement pole.
(ii)Unless otherwise approved, all luminaire mast arms shall match
the arc (if applicable) and style of the original luminaire arm.
(iii) The replacement luminaire mast arm shall be at the same height
above the ground as the existing luminaire.
(e) Luminaire Fixtures
(i)All replacement poles shall have the City standard light -emitting
diode ("LED") light fixture installed.
(ii) All replacement light fixtures shall have a new City standard photo
cell or sensor provided by the wireless provider.
(iii) The replacement light fixture mounting height shall be at the same
mounting height as the existing luminaire, or as directed by city
engineer.
(f) Pole Foundation
(i) All pole foundations shall conform to the City's adopted standards
and specifications on streetlight design and shall be modified for
wireless communications equipment and cables.
(ii)The City, in its sole discretion, may allow the pole foundation
design to be "worst case" for all soil conditions.
(iii)A separate, one -inch diameter conduit shall be installed in the
pole foundation for the City's luminaire wire and any additional City
wires or cables.The City's conduit shall be trimmed to three (3)
inches above the top of the pole foundation.
(iv) The height of the pole foundation shall be two (2) inches above
finished grade.If the pole foundation encroaches into any portion of
the sidewalk,then the pole foundation shall be flush with the
sidewalk.
(v)Shrouds for the streetlight pole mounting bolts may be required
for the replacement pole.
(vi) City standard is a direct bury pole.If the wireless provider
determines a replacement pole needs to be mounted to a concrete
foundation (i) through (v) shall be strictly followed.
(g) Painting of Replacement Pole
(i)If the replacement pole is an unpainted galvanized pole, the pole
shall not be painted or have a finish unless otherwise specified by the
City.
(ii)For powder coated bronze/silver street light poles, the wireless
provider shall replace with same powder coated color and/or color
combination as determined by the City Engineer.
(iii)For Park Green SL -10 style poles (no longer being installed), the
wireless provider shall replace with powder -coated bronze/silver SL-
8 type pole.
(h) Painting Antennas and Mounting Equipment
(i)All antenna mounting brackets and hardware, antenna mounting
posts, cables,shrouds and other equipment mounted on a new or
replacement unpainted galvanized pole shall be painted Sherwin
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Williams "Web Grey" (SW7075) color or equivalent, unless specified
otherwise by the City.
(ii) All antenna mounting brackets and hardware, antenna mounting
posts, cables, shrouds and all other equipment mounted on a painted
new or replacement pole shall be painted a color specified by the
City.
(i)Wireless provider shall install pole numbers on each replacement
pole (to match the number on the existing streetlight pole being
replaced) per Apache Junction Street Light Design Manual Standards
that the City Engineer determine are applicable.
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Standard Design Requirements
Small Wireless Facility on Traffic Signal Pole
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details included in this document, to a Small
Wireless Facility ("SWF")proposed for a location with an existing City -owned
traffic signal in the City of Apache Junction right-of-way ("ROW").These design
standards are not exhaustive and the City, as the owner and manager of the ROW
retains the right to modify or adjust the requirements on a case -by -case basis.
(A) Pole Criteria:
(1) Purpose of Traffic Signal Pole: The primary purpose of the traffic signal
pole shall remain as a pole structure supporting a traffic signal and related
streetlight fixtures used to provide traffic control and lighting to the City
ROW.The attachment of wireless equipment to a new or replacement
traffic signal pole that impedes this primary purpose will not be approved.
(2) General Requirement:
(a)A SWF shall be designed to blend in with the surrounding
streetscape with minimal to any visual impact.
(b)A replacement pole shall match the City of Apache Junction
standard traffic signal pole, as closely as possible, subject to more
specific criteria below.
(c)As specified in section 6(N) of the City of Apache Junction's
Wireless Facilities Standard Terms and Conditions,for each
individual pole type or style used to support the wireless equipment,
one spare replacement pole shall be provided by wireless provider
to City in advance so the pole can be replaced promptly in case of a
knockdown.
(d)All plans shall be signed and sealed by a professional engineer
licensed in the State of Arizona.
(e)All other details in the City of Apache Junction Traffic Signal
Design Standards that the City Engineer determines are applicable.
(3) Specific Criteria:
(a) New or Replacement Pole Height: A new or replacement pole may
be installed if one of the two height requirements is met:
(i) Up to a ten (10) foot increase, not to exceed fifty (50) feet total
9
(whichever is less), per A.R.S. § 9-592(1); or
(ii) Up to forty (40) feet above ground level, per A.R.S. § 9-592(J).
(b)Overall Height of Replacement Pole:The height of the
replacement pole is measured from grade to the top of the antenna
canister or the top of the panel antennas if the antennas are the
highest elements.
(c)Increase in Outside Diameter ("OD") of Pole
(i) If the replacement pole is a taper design, the diameter of the base
section of the replacement pole OD shall not exceed twelve (12)
inches or a 100% increase in the OD of the base section, whichever
is less.
(ii)If the replacement pole is non -tapered, then the diameter of the
base section shall be equal to the top section and the OD shall not
exceed twelve (12) inches or a 100% increase, whichever is less.
(d) Signal Head Mast Arms
(i) The traffic signal head mast arms shall be the same length as the
original signal head mast arm unless the City requires the mast arm
to be different (longer or shorter) based upon the location of the
replacement pole.
(ii) All signal head mast arms shall match the arc (if applicable) and
style of the original signal head mast arm.
(e) Luminaire Mast Arms
(i)All luminaire mast arms shall be the same length as the original
luminaire arm unless the City requires the mast arm to be different
(longer or shorter) based upon the location of the replacement pole.
(ii)All luminaire mast arms shall match the arc (if applicable) and
style of the original luminaire arm.
(f) Signal Heads
(i) All existing signal heads shall be replaced, at no cost to City, with
new light -emitting diode ("LED") signal heads, per City of Apache
Junction Traffic Signal Design Standards that the City Engineer
determines apply.
(ii)All signal heads shall be procured from a City approved signal
heads supplier or manufacturer.
(iii) The replacement signal heads mounting height shall be at the
same mounting height as the existing signal head, or as directed by
City Engineer.
(g) Luminaire Fixtures
(i) All replacement poles shall have the City standard LED light fixture
installed.
(ii) All replacement light fixture shall have a new photo -cell or sensor
installed to City standard.
(iii) The replacement light fixture mounting height shall be at the same
mounting height as the existing luminaire, or as directed by City
Engineer.
(h)Other City Elements on Signal Mast Arm or Pole:All existing
emergency signal detection units,video detection cameras,video
cameras, cross walk service buttons, cross walk signals, and any other
pedestrian or traffic devices shall be replaced with new units by
wireless provider and installed at no cost to the City.All equipment
shall be procured from a list of City approved suppliers.
(i)Signs and Other Miscellaneous: All street name plates or signs,
directional signs and any other City approved signs shall be replaced
with new signs at no cost to the City. All signs and attachments shall be
procured from a list of City approved suppliers.
(j) Traffic Signal Pole Foundation
(i)All pole foundations shall conform to the City's standards and
specifications on traffic signal pole design and shall be modified for
wireless communications equipment, hand holes and cables.
(ii)The wireless provider shall install a three (3) inch diameter OD
conduit in the pole foundation for the City's cables and wires for the
signal heads, luminaire and devices on the signal mast arm and
luminaire mast arm. The City's conduit shall be trimmed to three (3)
inches above the top of the pole foundation.
(iii) In addition to the conduits for the City's use inside the pole, the
wireless provider shall install one of the two options for its cables and
wires:
(a) One, six (6) inch diameter OD conduit in the pole foundation;
or
(b)Two,four (4)inch diameter OD conduits in the pole
foundation.The length of the conduit shall extend from the
pole foundation to six (6) inches above the signal head mast
arm.
(iv) Pole Foundation - Height Above Ground Level
(a)If the pole foundation is in a landscaped or unimproved
area, the height of the caisson shall be two (2) inches above
finished grade.However, if the pole foundation is adjacent to
or within a sidewalk or ramp, the height of the pole foundation
shall be flush with the surface of the immediate area.
(b)Shrouds for the traffic signal pole mounting bolts may be
required for the replacement pole.
(k) Painting of Pole, Antennas and Mounting Equipment
(i) Specifications on paint color and painting process are provided in
the City of Apache Junction Traffic Signal Design Standards that the
City Engineer determines apply.
(ii) For powder -coated traffic signal poles, the wireless provider shall
replace with same powder -coated color and/or color combination.
(I)Construction of Traffic Signal:The installation work of the
replacement traffic signal pole, including mast arms, signal heads and
devices,must be performed by an Arizona licensed traffic signal
contractor with a minimum of five (5) years of experience installing
traffic signals.
Standard Design Requirements
Small Wireless Facility on Existing Utility Pole
The following design standards shall apply, in addition to the Common Standards
Design Concepts, Requirements and Details that is included in this document, to
a Small Wireless Facility ("SWF") proposed for a location with an existing third
party -owned utility pole in the City of Apache Junction rights -of -way ("ROW").
These design standards are not exhaustive and the City, as the owner, keeper and
manager of the ROW retains the right to modify or adjust the requirements on a
case -by -case basis.
(A) Pole Criteria:
(1) Purpose of Utility Pole: The primary purpose of the pole shall remain as
a pole structure supporting a cables and wires used to provide
communications services and electric distribution in the City ROW.The
attachment of wireless equipment to an existing third party -owned utility
pole that impedes this primary purpose will not be approved.
(2) General Requirement:
(a)An SWF shall be designed to blend in with the surrounding
streetscape with minimal to any visual impact.
(b)A SWF mounted on an existing third party -owned utility pole is
subject to more specific criteria below.
(c)All plans shall be signed and sealed by a professional engineer
licensed in the State of Arizona.
(3) Specific Criteria:
(a)Replacement Pole Height: A replacement pole may be installed if
one of the two height requirements is met:
(i)Up to a ten (10) foot increase, not to exceed fifty (50) feet total
(whichever is less), per A.R.S. § 9-592(1); or
(i) Up to forty (40) feet above ground level, per A.R.S. § 9-592(J).
(b) Overall Height of Replacement Utility Pole
(i) The "base" height of an existing utility pole shall be the height of
the vertical pole section from the existing grade.
(ii)If the antennas are the highest vertical element of the site, then
the new overall height of the replacement pole is measured from the
13
existing grade to the top of the canister or the top of the panel
antenna.
(c) Use of Existing Pole - Wood
(i)An existing wood pole used for a SWF shall have the antennas
contained within an eighteen (18) inch OD canister mounted at the
top of the pole.
(ii)Unless otherwise approved, the cables and wires from the base
of the pole to the antennas shall be installed in a conduit or cable
chase outside of the pole, facing away from the street or away from
on -coming traffic.
(iii)If a "dog house" (see Exhibit C) is required as a transition point
connecting the underground cables and wires from the ground
mounted equipment to the pole, the City shall provide the maximum
size, dimension and shape of the dog house on a case -by -case basis.
(d) Use of Existing Pole - Metal
(i)An existing metal pole used for a SWF shall have the antennas
contained within an eighteen (18) inch OD canister mounted at the
top of the pole.
(ii) Panel antennas on a metal pole shall have the same "RAD center"
(center of radiation) so the antennas will be at the same height on the
pole.
(iii)The cables and wires from the base of the pole to the antennas
shall be installed in a conduit or cable chase on the outside of the
pole, facing away from the street or away from on -coming traffic.
(iv)If a "dog house"(see Exhibit C) is required as a transition point
connecting the underground cables and wires from the ground
mounted equipment to the pole, the City shall provide the maximum
size, dimension and shape of the dog house on a case -by -case basis.
(e) Painting of Pole and Dog House
(i)If the replacement pole is an unpainted galvanized pole, the pole
shall not be painted or have a finish unless otherwise specified by the
City.
(ii)If the existing or replacement pole includes a dog house for the
transition of the cables and wires to the pole, the dog house shall be
14
(f)
painted the same color as the pole or a color specified by the City.
Painting Antennas and Mounting Equipment
(i)All antenna mounting brackets and hardware, antenna mounting
posts, cables,shrouds and other equipment mounted on a new or
replacement unpainted galvanized pole shall be painted Sherwin
Williams "Web Grey" (SW7075) color or equivalent, unless specified
otherwise by the City.
(ii)All antenna mounting brackets and hardware, antenna mounting
posts, cables, shrouds and all other equipment mounted on a painted
new or replacement pole shall be painted a color specified by the
City.
(iii) If the antenna is mounted on a wood pole, the color of the antenna,
antenna canister,mounting brackets and posts, shrouds and cable
chases shall be painted a color specified by the City that will closely
match the color of the wood.
(g)Ground -Mounted Equipment:The City may require the ground-
mounted wireless equipment to be screened or concealed to reduce
the visual impact to the surrounding area.The screening or
concealment shall take into account the location of the site, the use of
the immediate area, and the existing aesthetic elements surrounding
the site.
15
Standard Design Requirements
Small Wireless Facility on New Poles in Rights -of -Way
The following design standards, in addition to the Common Standards Design
Concepts,Requirements and Details that are included in this document, shall
apply to a Small Wireless Facility ("SWF") that a wireless provider may install in
the rights -of -way ("ROW") that is not either: 1) a replacement pole for an existing
streetlight, or 2) a replacement pole for an existing traffic signal.
A new wireless support structure, including a monopole that is up to forty (40)
inches in outside diameter ("OD"), shall incorporate the highest level of stealth
and concealment of the antennas and wireless equipment in order to minimize the
visual impact of the site to the public.
(A) Pole Criteria:
(1)Purpose of Wireless Support Structure:The sole purpose of a new
vertical element or wireless support structure is to attach antennas for the
provision of wireless services by a wireless provider in the City's ROW.
(2) General Requirement:
(a) A new wireless support structure shall be designed to minimize the
visual and aesthetic impact of the new vertical element and associated
equipment upon the look, feel, theme, and use of the surrounding area.
(b)An SWF shall be designed to blend in with the surrounding
streetscape with minimal to any visual impact.
(c)The new wireless support structure shall be architecturally
integrated and compatible with the use of the surrounding area.
(d)All plans shall be signed and sealed by a professional engineer
licensed in the State of Arizona.
(3) Specific Criteria:
(a) New Pole Height: A new wireless support structure may be installed
if one of the two height requirements are met, see A.R.S. § 9-592(1) and
A.R.S. § 9-592(J):
(i)Up to a ten (10) foot increase, not to exceed fifty (50) feet total
(whichever is less), per A.R.S. § 9-592(1); or
(ii) Up to forty (40) feet above ground level, per A.R.S. § 9-592(J).
16
(b) Overall Height of New Pole: The height of the new wireless support
structure is measured from grade to top of the antenna canister, or the
top of the panel antenna if the antennas are the highest elements of the
site. Otherwise, the measured height shall be from existing grade to the
highest point of the wireless support structure.
(c) Outside Diameter of Monopole: The maximum outside diameter of a
monopole, as defined in A.R.S. § 9-591(13), shall not exceed forty (40)
inches.
(d)Stealth and Concealment Elements:As part of the stealth and
concealment elements of the wireless support structure, the City may
require the wireless provider to install street name plates, directional signs,
and other decorative signs or artistic elements on the structure.
(i)The wireless provider is solely responsible for the cost of all stealth
and concealment elements and the installation of other elements
required by the City.
(ii) The wireless provider is responsible for the performance of and any
costs incurred for regular upkeep, maintenance and replacement (if
necessary) of these stealth and concealment elements.
(e) Architectural Integration with Surrounding Area
(i) The new wireless support structure shall be designed in consultation
with various internal City stakeholders and may include external
stakeholders.
(ii)No new wireless support structure shall be constructed without the
consent and simple majority approval of the key stakeholders.
(iii)The City may require the new wireless support structure to be
constructed of a specific material that will enhance the stealth and
concealment of the site.
(f) Pole Foundation
(i)The pole foundation for the wireless support structure, if required,
shall conform to structural engineering standards acceptable to the City,
with design modifications for wireless communications equipment and
cables.
(ii)The height of the pole foundation shall be two (2) inches above
finished grade.However, if the pole foundation is adjacent to or within a
sidewalk or ramp, the height of the pole foundation shall be flush with the
17
surface of the immediate area.
(iii) Shrouds for the pole mounting bolts may be required.
(g)Painting of Wireless Support Structure,Antennas and Mounting
Equipment
(i)The City shall identify the paint colors, location of paint and any
decorative work that may be painted onto the new wireless support
structure.
(ii)The City shall identify the paint colors for the antennas, antenna
mounting brackets and posts, antenna shrouds, and cables.
(iii) The City may require the new wireless support structure to be painted
using a powder -coat process.
(h)Ground -Mounted Equipment: The City may require the ground -mounted
wireless equipment to be screened or concealed to reduce the visual impact
to the surrounding area.The screening or concealment shall take into
account the location of the site, the use of the immediate area, and the
existing aesthetic elements surrounding the site.
18
Standard Design Requirements
Common Standard Design Concepts Requirements and Details for Small
Wireless in the Rights -of -Way
The following standard design requirements shall be applied to all new small
wireless facilities in the City's rights -of -way ("ROW"), whether for a small wireless
facility to be installed on an existing or replacement streetlight pole, an existing
or replacement traffic signal pole, an existing or replacement utility pole, or on an
existing or new wireless support structure.
(A) Pole Design & Installation
(1)Replacement Pole Clearances - Underground Utilities: All ground-
mounted electrical equipment shall maintain minimum horizontal clearance
from underground utilities.
•Clearance from water lines shall be at least six (6) feet.
•Clearance from sewer lines shall be at least six (6) feet.
•Clearance from telecommunications shall be at least one (1) foot.
•Clearance from cable television lines shall be at least one (1) foot.
•Clearance from all other underground infrastructure shall be at
least six (6) feet.
All of the above distances shall be verified by the wireless provider and
communicated to the City Engineer in a form as he/she so directs.
(a)The City,in its sole discretion, may grant an exception,upon
approval by the City Engineer,from these horizontal separation
distances on a case -by -case basis.The approval of an exception is
dependent factors specific to the site.
(b)In the case where there is an issue with horizontal separation from
other underground utilities, the wireless provider may elect to work
with the impacted utility to have lines, pipes or property moved so that
minimum clearance is achieved.All relocation of City owned or a
privately -owned facility shall be at the sole expense of the wireless
provider.
(2) Calculating the Base Height of an Existing Pole: The base height, from
which the calculation of the "increase in pole height" is referenced for
determining the overall pole height, shall be calculated as follows:
(a) Streetlight Pole (see Exhibit Al and A2)
(i)A streetlight with a separate luminaire mast arm mounted to the
vertical pole shall use the top of the vertical pole as the base height.
19
(ii)A streetlight,with the luminaire mast arm integrated (e.g.
telescopic style pole) into the top vertical section of the pole, shall
use the point on the pole where the mast arm is connected plus
twenty-four (24) inches as the base height.
(b)Traffic Signal Pole (see Exhibit B):A traffic signal pole with a
luminaire mast arm that is mounted above the signal head mast arm to
the pole shall use the top of the vertical portion of the pole as the base
height.
(3) Replacement Pole Clearance - Original Streetlight Pole or Traffic Signal
Pole: The minimum distance of the replacement pole from the original pole
location shall be sixty (60) inches or more so that construction can occur
safely.The City may change this minimum distance on a case -by -case
basis.
(4)Replacement Pole Clearances - Sidewalks: The new or replacement
pole shall maintain twelve (12)inch minimum clearance distance from
sidewalks.The City, in its sole discretion, may increase that minimum
clearance on a case -by -case basis to ensure the safe use of the sidewalk
and adjacent area. The wireless provider shall verify this dimension in a form
as directed by the City Engineer.
(5) Sight Distance Easements ("SDE") and Sight Visibility Triangles ("SVT"):
All new and replacement poles shall be installed in a location that does not
impair or interfere with SDE or SVT safety requirements.
(6) Cables, Wires and Jumpers
(a) All cables for the wireless equipment and antennas - except where
such cables or wires attach to the ports in the antenna - shall be located
inside a conduit, inside the caisson and pole.There shall not be any
"dog house" or externally visible conduit or entry point of the cables.
(b) All electrical wires for the streetlight luminaire, traffic signal heads,
and any City device on the pole shall be new and connected to the
existing power source.
(7)Hand -holes
(a) All hand -hole locations shall be called out on the plans.
(b) All hand -holes near antennas shall have the top of the hand -hole no
lower than the bottom height of the antennas.
(c) The bottom of the hand -hole should not exceed six (6) inches below
20
the bottom of the antenna.
(8) Wireless Facility Identification Information
(a)A four (4) inch by six (6) inch radio frequency safety notice may be
mounted no less than twenty-four (24) inches from the bottom of the
antenna, facing away from traffic.
(b)The wireless provider may place a discreet site identification or
number.The size,color and location of this identifier shall be
determined by the City.
(c)No wireless provider signs may be placed on a streetlight, traffic
signal pole, wireless support structure, or a new or replacement pole
except to the extent required by local,state or federal law or
regulations.
(9)Interference with City Wireless Network: The City has certain wireless
devices in a network that connects traffic signals, community centers,
water sites,and other locations for the City's proprietary use.The
selection of a location for a wireless site shall consider the potential
interference of the City's wireless network with RF from a wireless
provider's proposed site.
(10)Cable Chase and Dog Houses: The City, in its sole discretion, shall
determine if an exterior cable chase and dog house are aesthetically
compatible with the pole and immediate area. The materials and paint color
of the cable chase and dog house shall be determined on a case -by -case
basis.
(B) Removal of Original Pole, Equipment and Pole Foundation
(1) Removal of Original Signal Pole, Mast Arm, Signal Heads and Luminaire
(a)The City shall determine what original components, (e.g., original
pole, mast arm, signal heads and luminaire, etc...) shall be delivered at
no cost to the City, to the City's Public Works Department by the
wireless provider.
(b) If the City accepts some of the original components, then only those
components shall be delivered by the wireless provider to the City
Public Works Department and the remaining components shall be
discarded by the wireless provider.
(2)Removal of Original Streetlight or Traffic Signal Pole Foundation: The
concrete pole foundation for the original streetlight or traffic signal pole
21
shall be removed by the wireless provider as instructed by the City:
(a) Partial Removal: The original pole foundation shall be taken back to
a level that is twelve (12) inches below existing grade and covered with
four (4) inches of one-half (1/2") inch to three (3/4") quarter inch rock
materials. The remaining eight (8) inches shall be native soil.
(b)Complete Removal: If the entire original pole foundation must be
removed, then all materials (concrete,rebar, metals, bolts, etc.) shall
be removed.The City's Inspector shall determine, on a case -by -case
basis, the type of backfill material and compaction required - ranging
from native soil that is compacted to a half (1/2) sack slurry for the entire
depth, or a combination of native soil and slurry.
(C) Antennas, RRH/RRU, Cables and Mounting on Pole:
(1)General Requirement: All antennas shall be installed in a manner that
minimizes the visual impacttothe general public. All work shall be performed
in a professional manner that is consistent with the highest standard of
workmanship.
(2) Specific Criteria:
(a) Antenna Mounting Posts and Brackets
(i) All panel antennas shall be mounted directly to the pole or onto a
mounting pole so that the distance from the "face" of the streetlight
pole to the back of the antenna does not exceed nine (9) inches.
(ii)All mounting posts shall be trimmed so that the poles do not
extend higher than the top of the antenna or protrude lower than the
antenna unless necessary to install the shroud.
(iii) All pole attached wireless equipment must be a minimum ten (10)
feet from the sidewalk elevation.
(iv)All of the above dimensions shall be confirmed by the wireless
provider in a form as directed by the City Engineer.
(b) Panel Antennas
(i) All panel antennas for a small cell site shall fit within an imaginary
enclosure of not more than six (6) cubic feet in volume in accordance
with A.R.S. § 9-591(19)(a).(NOTE: This volume does not include
antenna cable shrouds when required.)
22
(ii)All panel antennas with exposed cables from the bottom of the
antenna shall have a shroud installed on the antenna or antenna
mounting posts to conceal the cables.(see Exhibits D1 and 02)
(a) The type of shroud may be a forty-five (45) degree angle (away
from the bottom of the antenna; toward the pole) or a ninety (90)
degree angle (parallel to the bottom of the antenna) depending
on the location of the site.
(b) The shroud shall extend from the bottom of the antenna to two
(2) inches below the bottom of the nearest hand -hole.
(c) Canister Antennas
(i) All canister antennas shall fit within an imaginary enclosure of not
more than six (6)cubic feet in volume. (Note: This volume does not
include the canister as it is a stealth device and not the antenna.)
(ii)The canister shall be no larger than eighteen (18) inches in
diameter OD.
(iii)All canister antennas shall be located in a canister that is
mounted to a base plate at the top of the vertical section of the
replacement pole.
(iv) All cables protruding from the canister shall be concealed within
the canister or by a shroud at the point where the canister is mounted
to the base plate.
(d)Remote Radio Heads ("RRH") / Remote Radio Units ("RRU"): Under
A.R.S. § 9-591(19)(a), the RRH/RRU is not considered part of the antenna.
If allowed, the RRH/RRU shall be calculated as part of "all other wireless
equipment associated with this facility..." in A.R.S. § 9-591(19) (b) that is
subject to the twenty-eight (28) cubic feet maximum size for small cell sites.
(i) On a case -by -case basis, the City in its sole discretion and - upon
reviewing the landscape in the immediate surrounding area, the
location of the pole, and stealth options, may allow a site to have an
RRH/RRU installed on the pole.
(D) Ground -mounted Equipment:
(1) General requirement: All ground -mounted equipmentshall be installed in
a manner that minimizes the visual and ingress/egress impactto the general
public.All work shall be performed in a professional manner that is
consistent with the highest standards of workmanship.
23
(2) Specific criteria:
(a)Sight Distance Easements ("SDE") and Sight Visibility Triangles ("SVT")
all ground -based wireless equipment shall be installed in a location that
does not impair or interfere with SDE or SVT safety requirements.To
ensure proper sight distance, all City of Apache Junction Standard Details
that the City Engineer determines shall apply.
(b)Ground Equipment Location - Generally: All ground -based wireless
equipment,including but not limited to equipment cabinets or power
pedestals, shall be placed as far as practical to the back of the ROW while
maintaining at least three (3) feet of ingress/egress in the ROW or public
utility easement ("PUE") around the equipment.
(c) Ground Equipment Clearances—Underground Utilities
(i)All ground -mounted electrical equipment shall maintain minimum
horizontal clearance from below -ground utilities:
•Clearance from water lines shall be at least six (6) feet.
•Clearance from sewer lines shall be at least six (6) feet.
•Clearance from telecommunications shall be at least one (1) foot.
•Clearance from cable television lines shall be at least one (1) foot.
•Clearance from all other underground infrastructure shall be at
least six (6) feet.
All of the above dimensions shall be confirmed by the wireless
provider in a form as directed by the City Engineer.
(ii)The City, in its sole discretion, may grant an exception upon
approval from the city engineer, from these horizontal separation
distances on a case -by -case basis.The approval of an exception is
dependent on factors specific to the site.
(iii)In the case where there is an issue with horizontal separation
from other underground utilities, the wireless provider may elect to
work with the impacted utility to have its lines, pipes or property
moved so that minimum clearance is achieved. All relocation work of
City -owned or a privately -owned utility shall be at the sole expense of
the wireless provider.
(d) Ground Equipment Clearance - Sidewalks: The ground equipment shall
maintain a minimum twelve (12) inch clearance distance from sidewalks.
The City, in its sole discretion, may increase the minimum clearance on a
case -by -case basis to ensure the safe use of the sidewalk and adjacent
24
area.
(e) Compliance with Height Requirements: Evidence or documentation that,
where the above -ground structure is over thirty-six (36)inches in height,
given its proposed location, the structure will comply or be in compliance
with applicable state and City of Apache Junction planning and zoning
ordinances.
(f)Screening of Ground Equipment: The City, in its sole discretion, may
require the ground -mounted equipment to be screened;the type of
screening materials and design will be addressed on a case -by -case basis.
(i) In cases when screening is not required, the City may specify the paint
color of the ground -mounted equipment.
(g) Decals and Labels
(i)All equipment manufacturers' decals, logos and other identification
information shall be removed unless required for warranty purposes.
(ii) The wireless provider of the site may place an "emergency contact"
decal or emblem to the ground equipment.
(iii)The ground -mounted equipment shall not have any flashing lights,
sirens or regular noise other than a cooling fan that may run
intermittently.
(h) Equipment Cabinets on Residential Property
(i)Residential Single -Family Lot: The Wireless Equipment and Ancillary
Equipment listed in A.R.S. § 9-591(19)(b)shall not exceed thirty-six (36)
inches in height in the front yard of a residential single-family zoned
property.
(ii) Air-conditioning Units: Unless otherwise specified by City, a wireless
equipment cabinet with air-conditioning (not a fan only) shall be enclosed
by walls and setback a minimum of fifteen (15) feet from lots where the
existing or planned primary use is a residential single-family dwelling.
(i) Electric Company Meter
(i) All electric company meters shall be installed in the ROW or PUE. The
location of the meter equipment shall have minimum ingress and egress
clearance from private property lines and driveways.
(ii)All electric company meters shall maintain minimum clearance from
25
above -ground utility cabinets and below -ground utilities.
(iii) All electric company meters shall be installed in a location that does
not impair or interfere with the SDE or SVT safety requirements of the
City.
(iv) The electric company meters shall be screened or contained within a
"Myers -type" or "Milbank -type" pedestal cabinet that is painted to match
the ground equipment or as specified by the City.(see Exhibit E)
(v)In the case where screening is not required, the City may specify the
paint color of the electric company meter cabinet on a case -by -case
basis.
26
City of Apache Junction Contacts
For questions regarding these design standards, concepts and requirements
contact:
City Engineer
575 East Baseline Avenue
Apache Junction, AZ 85119
480-982-1055
Exhibit Al
Calculation Points for Height of an Existing Streetlight with Separate Luminaire
Mast Arm
The purple line next to the
streetlight depicts the section of
the existing streetlight pole that
shall be used to calculate the
height of the existing pole. The
lines are not to scale and are used
solely for illustrative purposes.
Exhibit A2
Calculation Points for Heiaht of an Existina Streetliaht with Intearated Luminaire Mast
&In
The "connection point" on
an existing telescopic style
streetlight pole with an
integrated luminaire mast
arm
LonThe top and bottom points
a telescopic streetlight
pole to calculate the
vertical height of the
existing streetlight pole
plus twenty-four (24)
inches
Exhibit B
Calculation Points for Height of Existing Traffic Signal Pole
The top and bottom
points on a traffic
signal pole to
calculate the base
vertical height of the
existing pole
Exhibit C
Dog House - Cable Transition from Underground to Electric Utility Pole
External cable chase
-the cables and
wires are
mounted
underneath the
chase.
"Dog House" with
external cable chase
installed at the base of a
pole to cover the cables
and wires when they
cannot be installed
inside the utility pole.
M
• •.0•4
*1-1
01
Exhibit D1
Antenna Shrouds -45 Degrees
Exhibit 02
Antenna Shrouds -90 Degrees
1
Exhibit E
Examples of Electrical Meter Pedestals -"Myers" or "Milbank" Style
APPENDIX B
Wireless Facilities Standard Terms and Condition
The Wireless Facilities Standard Terms and Conditions ("Standard Terms") are made
by the City of Apache Junction, an Arizona municipal corporation ("City").
STANDARD RECITALS
A.Various laws (the "telecommunications laws")authorize City to
regulate its streets,alleys and public utility easements, and to grant, renew, deny,
amend and terminate a licenses for a telecommunication provider ("Provider") and
otherwise regulate the installation,operation and maintenance of
telecommunications systems.The telecommunications laws include,without
limitation, the following:
1.Apache Junction City Code,Volume I,Chapter 13:Public Works,
Articles 13-3 and 13-4.
2.A.R.S. §§ 9-581 through 9-583, §§ 9-591 through 9-599 and other state
and federal statutes.
3.The Constitution of the State of Arizona.
4.Other applicable federal,state and local laws,codes,rules and
regulations.
5.City's police powers,its authority over public rights -of -way
("ROW"),and its other governmental powers and authority.
B.City owns public street and alley ROW and public utility easements
within the boundaries of the City of Apache Junction that are designated for
use by utility companies for installation, operation and repair of water, electrical
and other utilities pursuant to licenses or other agreements between utility
companies and City (collectively the "ROW").
C.City anticipates that one or more Providers may desire to locate
antennas and immediately related equipment at various sites within the ROW.
D.The Standard Terms become effective as to each site as they are
incorporated in the Rights -of -Way Antenna License Agreement ("Agreement") by
reference. Except as otherwise stated, each Agreement stands on its own.
E.The purpose of these Standard Terms is to promote uniformity in the
Agreements and to streamline the preparation and administration of the Agreement.
F.Because City's existing streetlight poles and traffic signed poles are
not designed to safely support the additional weight and stress of wireless facilities,
Providers shall be required to provide poles designed to support these facilities
to replace existing poles prior to attaching wireless facilities.
2
STANDARD TERMS
1.Definitions.For the purposes of the Standard Terms:
Antenna.Communications equipment that transmits or receives electromagnetic
radio frequency ("RF") signals and that is used in providing wireless services.
Base Use Fee:The amount that the Provider shall pay to City for each year of this
license for use of City ROW and City -owned Pole, as set out in the current fee
schedule.
Communications Equipment Any and all electronic equipment at the Small
Wireless Facility ("SWF")location that processes and transports information
from the antennas to the Provider's network.
Competing Users:Entities that own the water pipes, cables and wires, pavement,
and other facilities which may be located within the ROW.The competing users
include without limitation,the City,the State of Arizona and its political
subdivisions, the public, and all manner of utility companies and other existing or
future users of the use areas.
Encroachment Permit A permit issued pursuant to Chapter 13, Volume I of the
Apache Junction City Code that allows the Provider to perform work in the ROW
and to install and operate improvements in the ROW.
FCC.The Federal Communications Commission.
FCC Rules.All applicable RF emissions laws and regulations.
FCC OET Bulletin 65:The FCC's Office of Engineering & Technology Bulletin 65
that includes the FCC RF Exposure Guidelines.
Ordinary Permit Use Fee.The City's encroachment permit application, review and
other fees related to the issuance of the permit.
RP.Radio frequency.
RF Letter A letter attesting to the Provider's compliance with FCC RF exposure
guidelines from the Provider's senior internal engineer.
Rights -of -way.The area on, below or above a public roadway, highway, street,
sidewalk, alley, or utility easement. ROW does not include a Federal Interstate
Highway, a state highway or state route under the jurisdiction of the Department
of Transportation, a private easement, property that is owned by a special taxing
district, or a utility easement that does not authorize the deployment sought by
the Provider.
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Site Documents:The depiction of the use area, schematic plans and map showing
location of the installation of the Wireless Facility in the ROW, including but not
limited to the title report of the use area, vicinity map, site plan, elevations,
technical specifications and the cubic feet of the non -antenna wireless equipment.
Site License Agreement The site specific license that incorporates the Standard
Recitals and the Standard Terms for Providers to install and operate Wireless
Facilities in the City's ROW (see three available forms set forth in Exhibits A-1, A-2
and A-3).
Small Wireless Facili4e.A Wireless Facility that meets both of the following
qualifications:
a.All antennas are located inside an enclosure of not more than six (6) cubic
feet in volume or, in the case of an antenna that has exposed elements, the
antenna and all of the antenna's exposed elements could fit within an imaginary
enclosure of not more than six (6) cubic feet in volume.
b.All other wireless equipment associated with the facility is cumulatively not
more than twenty-eight (28) cubic feet in volume, or fifty (50) cubic feet in
volume if the equipment was ground mounted before the effective date of
this section. The following types of associated ancillary equipment are not
included in the calculation of equipment volume pursuant to this subdivision:
i.An electric meter.
ii.Concealment elements.
iii.A telecommunications demarcation box.
iv.Grounding equipment.
v.A power transfer switch.
vi.A cutoff switch.
vii.Vertical cable runs for the connection of power and other services.
Third Party Areas:The portions of the ROW, such as canal crossings or other areas
that for any reason have limited ROW dedications or that have regulatory use
restrictions imposed by a third party.
Violation Use Fee:The types of fees that the City has available to remedy certain
breaches of the Agreement by a Provider.
Wireless Facili4e.
a.Equipment at a fixed location that enables wireless communications between
user equipment and a communications network, including both of the following:
i.Equipment associated with wireless communications.
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ii.Radio transceivers, antennas, coaxial or fiber-optic cables, regular
and backup power supplies and comparable equipment, regardless
of technological configuration.
b.Includes small wireless facilities.
c.Does not include the structure or improvements on, under or within which
the equipment is collocated, wireline backhaul facilities, coaxial or fiber-optic
that is between wireless support structures or utility poles or coaxial or fiber-
optic cable that is otherwise not immediately adjacent to, or directly associated
with, an antenna.
d.Does not include Wi-Fl radio equipment described in Section 9-506, Subsection
I or microcell equipment described in Section 9-584, Subsection E.
Wireless Infrastructure Provider Any person that is authorized to provide
telecommunications service in this state and that builds or installs wireless
communications transmission equipment,wireless facilities,utility poles or
monopoles but that is not a wireless service provider. Wireless Infrastructure
Provider does not include a special taxing district.
Provider A cable operator, wireless infrastructure provider or wireless services
provider.
Provider's Improvements:All improvements installed by the Provider, including,
but not limited to: all elements of the wireless facility, all screening elements,
any landscaping plants or materials, and any other elements provided by the
Provider in the approved Agreement.
Wireless Services.Any services that are provided to the public and that use
licensed or unlicensed spectrum, whether at a fixed location or mobile,using
wireless facilities.
Wireless Services Provider A person that provides wireless services. Wireless
Services Provider does not include a special taxing district.
Wireless Support Structure:
a.A freestanding structure, such as a monopole.
b.A tower, either guyed or self-supporting.
c.A sign or billboard.
d.Any other existing or proposed structure designed to support or capable of
supporting small wireless facilities.
e.Does not include a utility pole.
2.Use Areas.Upon approval of an Antenna Site ROW License Agreement
("Agreement"), City grants to Provider a license to use the Use Areas as follows:
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A.Limitations.Notwithstanding anything herein to the contrary, the Use Areas
include and are limited to only certain areas that Provider is permitted to
exclusively use and occupy ("Exclusive Areas") and certain areas that Provider is
permitted to use on a shared basis ("Shared Areas"). The Use Areas are defined by
the Boundary Plan.
B.Use Areas Boundary.The Use Areas is the smallest geometric shape that
includes the Exclusive Areas and the Shared Areas. The Use Areas excludes other
parts of the Street Parcel and all other land. Provider shall not occupy or use any
other portion of the Street Parcel or adjoining lands. This Agreement does not allow
any use of Provider's land outside the Street Parcel. If any portion of Provider's
work, improvement or equipment is to be located on other land, then such work,
improvements and equipment are prohibited unless Provider first obtains from the
owner of said land (including City, if applicable) an agreement allowing such work,
improvements and equipment (a "Supplemental Parcel Agreement").
C.Exclusive Areas.The Exclusive Areas are limited to the following, if and as
defined by the Boundary Plan:
i.The land area defined as "Enclosure" on the Boundary Plan to be used by
Provider solely for the enclosure housing the electronic ground equipment
shown on the Site Plan ("Enclosure"). Such area is confined to the actual
area occupied by the exterior structure and the interior of the enclosure. If
the Boundary Plan does not show a clearly defined and correctly labeled
enclosure area, then no enclosure area is available for Provider's use under
an approved Agreement and any enclosure for Provider's use must be located
outside the Street Parcel and authorized by a Supplemental Parcel Agreement.
ii.The area on the Pole defined as "Antennas" on the Boundary Plan to be
used by Provider solely for mounting the Antennas. Such area is confined to
the City approved elevations and locations actually occupied by the Antennas
and their supporting brackets. If the Boundary Plan does not show a clearly
defined and correctly labeled "Antennas"area, then no main antennas area
is available for Provider's use under this Agreement and any main antennas
for Provider's use must be located outside the Street Parcel and authorized
by a Supplemental Parcel Agreement.
D.Shared Areas.Shared Areas are limited to the following areas, if and as
defined by the Boundary Plan:
i. A motor vehicle Parking space ("Parking Space") at the Parking Space
location described on the Boundary Plan to be used by Provider solely for
parking a service vehicle to service the Communications Equipment and for
ingress and egress to that Parking Space.
ii.No temporary construction area is provided by these Standard Terms or an
approved Agreement.Provider must obtain from City a separate written
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document giving Provider permission to work in the ROW,as described
elsewhere herein.
iii. An underground cable route ("Signal Route") labeled as the Signal Route
described on the Boundary Plan from the Enclosure to the Antenna to be used
by Provider solely for underground RF lines between the Enclosure and the
Antenna.Notwithstanding the preceding sentence, the portion of the Signal
Route upon the Pole shall not be underground but shall be within the Pole. If
the Boundary Plan does not show a clearly defined and correctly labeled Signal
Route area, then no signal route area is available for Provider's use under
these Standard Terms or an approved Agreement and any signal route for
Provider's use must be located outside the Street Parcel and authorized by
a Supplemental Parcel Agreement.
E.Power and Telephone Service.Nothing herein grants permission for any
portion of the power, telephone or other service routes, if any. (Use of the public
street ROW or public utility easements for these purposes, if any, is governed
by normal City ROW rules and policies and by the franchise between the City
and the electrical and telephone service providers.)
F.Rights in Adjacent Land.Provider's rights are expressly limited to the real
property defined as the "Use Areas" in this Agreement. Without limitation, in the
event any public ROW or other public or private property at or adjacent to the
Use Areas is owned,dedicated, abandoned or otherwise acquired, used, improved
or disposed of by City, such property shall not accrue to Provider but shall be City's
only.
G.Variation in Area.In the event the Use Areas consist of more or less than
any stated area,Provider's obligations hereunder shall not be increased or
diminished.
H.Condition of Title.Provider shall not have power to amend,modify,
terminate or otherwise change the Site Documents or create new Site Documents.
City does not warrant its own or any other person's title to or rights to use the Use
Areas or any other property. Provider shall pay, indemnify, defend and hold harmless
City and its agents and representatives of, from and against any and all claims,
demands,damages,expenses,interest or penalties of any kind or nature
whatsoever, including attorneys', arbitrators' and experts' fees and court costs that
arise from or relate to Provider's non-compliance with the Site Documents.
I.Condition of Use Areas.The Use Areas are being made available in an "as
is"condition without any express or implied warranties of any kind,including
without limitation any warranties or representations as to their condition or fitness
for any use.
J.No Real Property Interest.Notwithstanding any provision hereof to the
contrary,and notwithstanding any negotiation,correspondence,course of
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performance or dealing, or other statements or acts by or between the parties,
Provider's rights herein are limited to use and occupation of the Use Areas for the
Permitted Uses. Provider's rights in the Use Areas are limited to the specific rights
created herein as an approved Agreement.
K.Limited Rights in Use Areas.An approved Agreement grants Provider no
rights to or use of the Use Areas other than those expressly granted herein.
L.Reserved Right and Competing Users and Activities.Notwithstanding
anything herein to the contrary, City specifically reserves to itself and excludes
from an approved Agreement a non-exclusive delegable right ("Reserved Right")
over the entire Use Areas for all manner of real and personal improvements and for
streets, sidewalks, trails,landscaping, utilities and every other land use of every
description. Without limitation:
i.Competing Users.Provider accepts the risk that City and others
("Competing Users") may now or in the future install their facilities in the Use
Areas in locations that make parts of the ROW unavailable for Provider's use.
ii.Competing Activities.Provider accepts the risk that there may now or in the
future exist upon the Use Areas all manner of work and improvements upon
the Use Areas ("Competing Activities"). The Competing Activities include
without limitation any and all laying construction, erection, installation, use,
operation,repair,replacement,removal,relocation,raising,lowering,
widening, realigning or other dealing with any or all of the following, whether
above,upon or below the surface of the Use Areas and whether
occasioned by existing or proposed uses of the ROW or existing or proposed
uses of adjoining or nearby land:
a.All manner of streets, alleys, sidewalks, trails, ways, traffic
control devices,subways,tunnels,trains and gates of every
description, and all manner of other transportation facilities and
their appurtenances.
b.All manner of pipes, wires, cables, conduits, sewers, pumps,
valves,switches,conductors,connectors,poles,supports,
access points and guy wires of every description, and all manner
of other utility facilities and their appurtenances.
c.All manner of canals, drains, bridges, viaducts, overpasses,
underpasses,culverts,markings,balconies,porches,
overhangs and other encroachments of every description and
all manner of other facilities and their appurtenances.
d. All other uses of the ROW that City may permit from time to time.
iii.City's Rights Cumulative.All of City's Reserved Rights under various
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provisions of this Site License herein shall be cumulative to each other.
iv.Use Priorities.These Standard Terms do not grant to Provider or establish
for Provider any exclusive rights or priority in favor of Provider to use the Use
Areas. Provider shall not obstruct or interfere with or prevent any Competing
User from using the Use Areas.
v.Regulation.City shall have full authority to regulate use of the Use Areas
and to resolve competing demands and preferences regarding use of the Use
Areas and to require Provider to cooperate and participate in implementing
such resolutions. Without limitation, City may take any or all of the following into
account in regulating use of the Use Areas:
a.All timing,public,operational,financial and other factors
affecting existing and future proposals,needs and plans for
Competing Activities.
b.All other factors City may consider relevant, whether or not
mentioned in this Agreement.
c.Differing regulatory regimes or laws applicable to claimed
rights, public benefits, community needs and all other factors
relating to Competing Users and Competing Activities.
vi.Communications Equipment Relocation.Upon one hundred eighty (180)
calendar days notice from City, Provider shall temporarily or permanently
relocate or otherwise modify the Communications Equipment Relocation (the
"Relocation Work") as follows:
a. Provider shall perform the Relocation Work at its own expense
when required by City's city manager or designee.
b. The Relocation Work includes all work determined by City to be
necessary to accommodate Competing Activities,including
without limitation temporarily or permanently removing,
protecting, supporting, disconnecting or relocating any portion of
the Communications Equipment.
c. City may perform any part of the Relocation Work that has not
been performed within the allotted time. Provider shall reimburse
City for its actual costs in performing any Relocation Work. City
has no obligation to move Provider's, City's or others' facilities.
d. City and not Provider shall be entitled to use any of Provider's
facilities that are abandoned in place or that are not relocated
on City's request
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e.All Relocation Work shall be subject to and comply with all
other provisions of this Agreement.
vii.Disruption by Competing Users.Neither City nor any agent, contractor or
employee of City shall be liable to Provider, its customers or third parties for
any service disruption or for any other harm caused them or the
Communications Equipment due to Competing Users or Competing Activities.
viii.Emergency Disruption by City.City may remove, alter, tear out, relocate
or damage portions of the Communications Equipment in the case of fire,
disaster,or other emergencies if City's city manager or designee deems
such action to be reasonably necessary under the circumstances. In such
event, neither City nor any agent, contractor or employee of City shall be
liable to Provider or its customers or third parties for any harm so caused to
them or the Communications Equipment. When practical, City shall consult
with Provider in advance to assess the necessity of such actions and to
minimize to the extent practical under the circumstances damage to and
disruption of operation of the Communications Equipment. In any event, City
shall inform Provider after such actions. Provider's work to repair or restore
the Communications Equipment shall be Relocation Work.
ix.Public Safety.If the Communications Equipment or any other Provider
equipment,improvements or activities present any immediate hazard or
impediment to the public, to City, to City's equipment or facilities, to other
improvements or activities within or without the Use Areas, or to City's ability
to safely and conveniently operate the ROW or perform City's utility, public
safety or other public health, safety and welfare functions, then Provider
shall immediately remedy the hazard, comply with City's requests to secure
the Street Parcel, and otherwise cooperate with City at no expense to City to
remove any such hazard or impediment. Provider's work crews shall report
the Use Areas within four (4) hours of any request by City under this paragraph
("Safety Paragraph").
M.Third Party Permission.There may be portions of the ROW, such as canal
crossings or other areas that for any reason have limited ROW dedications or that
have regulatory use restrictions imposed by a third party.Areas subject to such
restrictions or regulations by third parties are referred to as third party areas
and communications equipment may not be built without permission from the third
party or third parties that have property rights or regulatory authority over a specific
third party area. Provider's right to use any Use Areas shall be suspended, but not
its obligations with respect thereto, during any period that a third party permission
is not in effect.
3.Term of Agreement.The term of each Agreement shall be as follows:
A.Original Term.The original term of each Agreement shall be for a period
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of ten (10) years commencing on the effective date stated herein.
B.Extensions.The term of each Agreement may be extended as follows:
i. The term of each Agreement may be extended for one (1) additional ten
(10) year period subject to consent by City and Provider, which either may
withhold in its sole and absolute discretion.
ii.Both City and Provider shall be deemed to have elected to extend unless
City or Provider, respectively, gives notice to the contrary to the other at
least ninety (90) calendar days prior to the end of the original term or the current
extension.
iii.The second term shall begin ten (10) years plus one (1) calendar day after
the initial effective date.
C.Holding Over.In any circumstance whereby Provider would remain in
possession or occupancy of the Use Areas after the expiration of this Agreement, (as
extended, if applicable), such holding over shall not be deemed to operate as a
renewal or extension of this Agreement, but shall only create a use right from
month to month that may be terminated at any time by City upon thirty (30) calendar
days notice to Provider, or by Provider upon sixty (60) calendar days notice to City.
D.City's Right to Cancel.Notwithstanding anything contained herein to the
contrary,City shall have the unconditional right,with or without cause,to
terminate any Agreement for any reason including but not limited to street widening,
ROW abandonment or development that may impact the location of the site upon one
hundred eighty (180) calendar days notice given at any time after the first one
hundred eighty days (180) calendar days.
E.Provider's Right to Cancel.Provider shall have the unilateral right to
terminate any Agreement without cause upon thirty (30) calendar days written
notice.Provider has no right to terminate any time after an event of default by
Provider has occurred (or an event has occurred that would become a default
after passage of time or giving of notice).
4.Provider's Payments.Provider shall make payments to City as follows:
A.Use Fee Items.Provider shall pay to City each of the following separate
and cumulative amounts (collectively "Use Fee"):
i. An annual amount ("Base Use Fee").
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ii. An amount ("Ordinary Permit Use Fee") based on Provider's permit review
and other costs as set out below.
iii. An amount ("Violation Use Fee") based on certain breaches by Provider of
this Agreement as set out below.
iv. All other amounts required by this Agreement.
B.Base Use Fee Amount.The amount of Base Use Fee Provider shall pay to
City for each year of this Agreement shall be the total of all applicable fee line items
for wireless communications facilities (including without limitation "antenna base
fee" and "ground equipment fee", as applicable) as set out in the then current fee
schedule as it may be amended from time to time by city council.
C.Ordinary Permit Use Fee Amount.The amount of the Ordinary Permit Use
Fee shall be the total amount of all applicable ordinary fees payable to City for City's
review of plans,issuance of permits, and inspection of Provider's work upon the
Use Areas (including, without limitation, encroachment permits) as set out in the
then current fee schedule in Chapter 4 of the Apache Junction City Code, Vol. I as
it may be amended from time to time by city council. The Permit Use Fee for SWF
as defined in A.R.S. § 9-591(19) shall be Seven Hundred Fifty Dollars ($750.00) and
the Permit Use Fee for wireless sites under A.R.S. § 9-594 shall be One Thousand
Dollars ($1,000.00).
D.Use Fee Cumulative.All items of Use Fee shall be cumulative and separate
from each other.
E.Use Fee Schedule.Except as specifically provided elsewhere for Violation
Use Fee, Provider shall pay all Use Fee on the following schedule:
i.Provider shall pay Base Use Fee and Ordinary Permit Use Fee at the times
and in the amounts specified by City's normal processes for Base Use Fee and
Ordinary Permit Use Fee.
ii. All other Use Fee shall be payable quarterly in arrears on the last day of the
first month of the next calendar quarter. For example, the Violation Use Fee
for the first calendar quarter of a year, if any, shall be payable on or before April
30th.
F.Letter of Credit.The Initial Letter of Credit amount shall be based upon
the Provider's good faith projection of the number of sites to be constructed within
the City of Apache Junction during the current calendar year. The Initial Letter of
Credit shall be received by the City from a local bank branch within the city limits
before any construction and encroachment permits are issued as follows:
i.The amount of the letter of credit shall be as follows: Thirty Thousand
Dollars ($30,000.00)for up to ten (10)wireless sites;Sixty Thousand
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Dollars ($60,000.00)for eleven (11)to twenty (20)wireless sites;One
Hundred Five Thousand Dollars ($105,000.00) for twenty one (21) to thirty
five (35) wireless sites; One Hundred Eighty Thousand Dollars ($180,000.00)
for thirty six (36)to sixty (60)wireless sites;Three Hundred Thousand
Dollars ($300,000.00) for sixty one (61) to one hundred (100) wireless sites;
Four Hundred Fifty Thousand Dollars ($450,000.00) for one hundred one
(101) to one hundred fifty (150) wireless sites; Six Hundred Seventy Five
Thousand Dollars ($675,000.00)for one hundred fifty one (151)to two
hundred twenty five (225) wireless sites; One Million Fifty Thousand Dollars
($1,050,000.00) for two hundred twenty six (226)to three hundred fifty
(350)wireless sites;One Million Five Hundred Thousand Dollars
($1,500,000.00)for three hundred fifty one (351)to five hundred (500)
wireless sites;Two Million Two Hundred Fifty Thousand Dollars
($2,250,000.00)for five hundred one (501) to seven hundred fifty (750)
wireless sites; and Three Million Dollars ($3,000,000.00) for seven hundred
fifty one (751)to one thousand (1,000)wireless sites.If the number of
Provider's wireless sites is more than one thousand (1,000),the Three
Million Dollar ($3,000,000.00) letter of credit shall remain in effect and the
letter of credit for the wireless sites in excess of one thousand sites shall be
calculated using the schedule provided in this subsection.
a.The City will determine at least once annually if the number of
Provider's wireless sites that are licensed require that the letter of
credit be upgraded to a higher amount. If City requires a new letter of
credit, it shall provide formal notice in writing to the Provider. The
Provider must provide the new letter of credit within forty-five (45)
calendar days of receiving written notice.
ii. The letter of credit is a security deposit for Provider's performance of
all of its obligations under these Standard Terms within the City of Apache
Junction.
iii.The letter of credit shall meet the requirements listed on Exhibit B
attached hereto.
iv. Provider shall provide and maintain the letter of credit during the entire
term of each Agreement as follows:
a.Provider shall cause the original letter of credit to be delivered to
City Engineer.
b.Provider shall pay all costs associated with the letter of credit,
regardless of the reason or manner such costs are required.
c. Within ten (10) business days after City gives Provider notice that
City has drawn on the letter of credit, Provider shall cause the letter
of credit to be replenished to its prior amount.
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v.City may draw on the letter of credit upon any event of default, and in
the following circumstances whether or not they are an event of default:
a. Provider fails to cause the letter of credit to be renewed, extended,
increased in amount or otherwise maintained as required by these
Standard Terms.
b. Provider fails to make monetary payments as required by these
Standard Terms.
c. The issuer of the letter of credit fails to immediately honor a draft
on the letter of credit or otherwise repudiates or fails to honor the letter
of credit.
vi. City shall also have such additional rights regarding the letter of credit as
may be provided elsewhere in this Agreement.
G.Late Fees.Use Fee is deemed paid only when City actually receives good
cash payment. Should any Use Fee not be paid on or before the date due, a late fee
shall be added to the amount due in the amount of the greater of ten percent (10%)
of the amount due, or One Hundred Dollars ($100.00). Furthermore, any Use Fee
that is not timely paid shall accrue simple interest at the rate of one and one-half
percent (1.5%)per month from the date the amount first came due until paid.
Provider expressly agrees that the foregoing represent fair and reasonable
estimates by City and Provider of City's costs (such as accounting, administrative,
legal and processing costs, etc...) in the event of a delay in payment of Use Fee. City
shall have the right to allocate payments received from Provider among Provider's
obligations.
H.Use Fee Amounts Cumulative.All amounts payable by Provider hereunder
or under any tax, assessment or other existing or future ordinance, law or other
contract or obligations to the City of Apache Junction or the State of Arizona shall
be cumulative and payable in addition to each other payment required hereunder,
and such amounts shall not be credited toward, substituted for, or setoff against
each other in any manner.
5.Use Restrictions.Provider's use and occupation of the Use Areas shall in all
respects conform to all and each of the following cumulative provisions:
A.Permitted Uses.Provider shall use the Use Areas solely for the Permitted
Uses and shall conduct no other activity at or from the Use Areas.
B.Enclosure Use.Provider shall use the Enclosure solely for locating utility
cabinets and housing the Communications Equipment used for the Antennas.
C.Small Wireless Facility.Provider may install a SWF, as defined in A.R.S. §
14
9-591(19), to be limited to:
i.All antennas, including the antenna's exposed elements, are located inside
an enclosure of not more than six (6) cubic feet in volume, and
ii. All other wireless equipment associated with the facility is cumulatively not
more than twenty-eight (28) cubic feet in volume.
a.The following ancillary equipment is not included in the equipment
volume:electric meter, concealment elements, telecom demarcation
box,grounding equipment,power transfer switch, cutoff switch, and
vertical cable runs.
D.Communications Operations Restriction.Provider shall not install, operate,
or allow the use of equipment, methodology or technology that interferes or is likely
to interfere with the optimum effective use or operation of City's existing or future
fire, emergency or other communications equipment, methodology or technology
(i.e., voice or other data carrying,receiving or transmitting equipment). If such
interference should occur,Provider shall immediately discontinue using the
equipment, methodology or technology that causes the interference until Provider
takes corrective measures to alter the Communications Equipment to eliminate such
interference. Any such corrective measures shall be made at no cost to City. Provider
shall give to City notice containing a list of the radio frequencies Provider is using at
the Use Areas and shall give notice to City of any change in frequencies.
E.Other Equipment.Provider shall not disturb or otherwise interfere with any
other antennas or other equipment City may have already installed or may yet
install upon the Street Parcel.
F.Signs.All signage is prohibited except in compliance with the following
requirements:
i. Provider shall install and thereafter maintain the following signs and other
markings as reasonably determined by City from time to time:
a. All signs and markings required for safe use of the Use Areas by City,
Provider and other persons who may be at the Use Areas at any time
for any reason.
b. Any signage City may request directing parking, deliveries and other
vehicles and other users to comply with this Agreement.
c.Warning signs listing only Provider's name, permanent business
address, telephone number, emergency telephone number, and any
information required by law.
ii. All signage not expressly allowed by these Standard Terms is prohibited.
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iii. The location, size, content and style of each sign shall be subject to the
provisions of the applicable sign ordinance and shall comply with City's sign
programs as the same may change from time to time. Provider shall update
signs as required to comply with changes in the applicable sign ordinance and
City's sign programs.
iv. Provider shall design, make, install and maintain all signage in a first class,
professional manner without broken panels, faded or peeling paint or other
damage.
v.Provider shall bear all costs pertaining to the erection,installation,
operation, maintenance, replacement and removal of all signs including, but
not limited to,the application for and obtaining of any required building or
other permits regardless of the reason for any such activity, even if such
activity is required by City pursuant to these Standard Terms.
vi. The requirements of this paragraph apply to all signs, designs, monuments,
decals, graphics, posters, banners, markings, and other manner of signage.
G.Provider's Lighting.Except for security lighting operated with City's
approval from time to time, Provider shall not operate outdoor lights at the Use Areas.
H.Noise.Except during construction permitted under this Agreement and for
burglar alarms and other safety devices, outdoor loud speakers, sirens or other
devices for making noise are prohibited. All equipment shall be operated so that
sound coming therefrom does not exceed the ambient noise level at the boundary of
the Street Parcel and cannot be heard at the closer of i) the exterior boundary of the
Street Parcel or ii) two hundred feet (200') outside the boundary of the Street Parcel.
The preceding sentence does not apply to use of normal,properly maintained
construction equipment used as permitted by an approved Agreement, to infrequent
use of equipment that is as quiet or quieter than a typical well maintained gasoline
powered passenger automobile, to use of an air conditioning unit that is no noisier
than a typical well maintained residential air conditioning unit.
I.Limited Access.It is Provider's and not City's responsibility to keep
unauthorized persons from accessing the Communications Equipment and the
Exclusive Areas.
J.Standards of Service.Provider shall operate the Use Areas in a first-class
manner, and shall keep the Use Areas attractively maintained, orderly, clean, neat
and tidy at all times. Provider shall not allow any person or persons in or about the
Use Areas related to Provider's operations who shall fail to be clean, courteous,
efficient and neat in appearance.
K.Provider's Agent.Provider shall at all times retain on -call available to City
by telephone an active, qualified, competent and experienced person to supervise all
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activities upon the Use Areas and operation of the Communications Equipment and
who shall be authorized to represent and act for Provider in matters pertaining to
all emergencies and the day-to-day operation of the ROW and all other matters
affecting approved Agreement. Provider shall also provide notice to City of the
name,street address,electronic mail address,and regular and after hours
telephone number of a person to handle Provider's affairs and emergencies at the
ROW. Any change shall be given in writing to City Engineer in the manner stated for
notices required herein.
L.Coordination Meetings.Provider shall meet with City and other ROW users
from time to time as requested by City to coordinate and plan construction on the
Use Areas and all matters affected by these Standard Terms. Without limitation,
Provider shall attend City's scheduled utility planning meetings.
M.Toxic Substances.Provider's activities upon or about the Use Areas shall
be subject to the following regarding any hazardous or toxic substances, waste or
materials or any substance now or hereafter subject to regulation under the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C.
§§ 9601,et seq.,the Arizona Hazardous Waste Management Act, A.R.S. §§ 49-901,
et seq.,the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901,et seq.,the
Toxic Substances Control Act, 15 U.S.C. §§ 2601,et seq.,or any other federal, state,
county, or local law pertaining to hazardous substances, waste or toxic substances
and their reporting requirements (collectively "Toxic Substances"):
i.Provider understands the hazards presented to persons, property and the
environment by dealing with Toxic Substances. City has made no warranties as
to whether the Use Areas contain actual or presumed asbestos or other Toxic
Substances.
ii.Within twenty-four (24)hours after discovery by Provider of any Toxic
Substances, Provider shall report such Toxic Substances to City in writing.
Within fourteen (14) calendar days thereafter, Provider shall provide City with
a written report of the nature and extent of such toxic substances found by
Provider.
iii.Disturbance of Toxic Substances.Prior to undertaking any construction or
other significant work, Provider shall cause the Use Areas to be inspected
to prevent disturbance of potential asbestos or other Toxic Substances. Prior
to any work of any description that bears a material risk of disturbing
potential asbestos or other Toxic Substances,Provider shall cause the
contractor or other person performing such work to give to City notice by the
method described in these Standard Terms to the effect that the person will
inspect for Toxic Substances, will not disturb Toxic Substances, and will
indemnify, defend and hold City harmless against any disturbance in Toxic
Substances in the course of the contractor's or other person's work.
Provider shall cause any on -site or off -site storage,inspection, treatment,
transportation, disposal, handling, or other work involving Toxic Substances
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by Provider in connection with the Use Areas to be performed by persons,
equipment, facilities and other resources who are at all times properly and
lawfully trained, authorized, licensed, permitted and otherwise qualified to
perform such services. Provider shall promptly deliver to City copies of all
reports or other information regarding Toxic Substances.
N.Required Operation.During the entire term of each Agreement and any
renewals or extensions,Provider shall actively and continuously operate the
Communications Equipment twenty-four (24)hours a day,seven (7)days a
week,for the Permitted Uses. Notwithstanding anything contained in this
paragraph to the contrary, the operation requirements of this paragraph shall be
effective commencing on the earlier of completion of the Project or the Completion
Deadline and shall continue through the date the Agreement terminates or expires
for any reason. In the event of relocation of the Communications Equipment or
damage to the Use Areas severe enough that the Communications Equipment
cannot reasonably be operated during repairs, the operation requirements of this
paragraph shall be suspended during the time specified by these Standard Terms
for accomplishing repair of such damage to relocation of the Communications
Equipment.Provider may temporarily cease operating the Communications
Equipment for short periods necessary to test, repair, service or upgrade the
Communications Equipment.
0.Actions by Others.Provider shall be responsible to ensure compliance
with these Standard Terms by all persons using the ROW through or under
Provider or these Standard Terms.
6.Provider's Improvements Generally.All of Provider's improvements and other
construction work whether or not specifically described herein upon or related to
the Use Areas (collectively "Provider's Improvements") shall comply with the
following:
A.Provider's Improvements.Provider's Improvements include without
limitation, all modification, replacement, repairs, installation, construction, grading,
structural, utility, lighting, plumbing, sewer or other alterations, parking or traffic
alterations,removal, demolition or other cumulatively significant construction or
similar work of any description and all installation or alteration of the Communications
Equipment.
B.General Approval Process.The general processes,building permit
processes,ROW management policies and similar regulatory requirements that
apply to Provider's Improvements are completely separate from the plans approval
processes set forth in these Standard Terms.Provider's satisfaction of any
requirement set forth these Standard Terms does not substitute for compliance
with any regulatory requirement.Provider's satisfaction of any regulatory
requirement does not substitute for compliance with any requirement of these
standard terms. Provider must make all submittals and communications regarding
the requirements of these Standard Terms through the City Engineer and not
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through planning, zoning, building safety or other staff. Provider shall be responsible
to directly obtain all necessary permits and approvals from any and all
governmental or other entities having standing or jurisdiction over the Use Areas.
Provider bears sole responsibility to comply with all stipulations and conditions that
are required in order to secure such rezoning and other approvals. Notwithstanding
anything in this paragraph, to the extent regulatory requirements and requirements
of these Standard Terms are identical,compliance with regulatory requirements
shall constitute compliance with these Standard Terms and vice versa.
i.Batching Sites for Approval.Only sites that do not have a new or a
replacement pole required for the antennas,and do not have any
underground cables,conduit,and foundations,are eligible for batch
processing of the applications.
C.Relationship of Plans Approval to Regulatory Processes.Provider's
submission of plans under these Standard Terms,City's approval of plans for
purposes of these Standard Terms, and the plans approval process herein shall be
separate and independent of all development, zoning, design review and other
regulatory or similar plans submittal and approval processes,all of which shall
continue to apply as provided under state law, in addition to the requirements of
these Standard Terms and its approvals. Building permits, zoning clearances, or any
other governmental reviews or actions do not constitute approval of any plans for
purposes of this Agreement.
D.City's Fixtures and Personal Property.Provider shall not remove, alter or
damage in any way any improvements or any personal property of City upon the Use
Areas without City's prior written approval. In all cases, Provider will repair any
damage or other alteration to City's property caused by Provider or its contractors,
employees or agents to as good or better condition than existed before the damage
or alteration.
E.Design Requirements.All Provider's Improvements shall comply with the
following design requirements:
i. All Provider's Improvements shall be contained entirely within the Use Areas
and without any encroachment or dependence upon any other property,
except for permitted utility service.
ii. Any changes to utility facilities shall be strictly limited to the Use Areas,
shall not affect utilities used by City, and shall be undertaken by Provider at its
sole cost and expense.
iii.The Antennas and other Communications Equipment shall be properly
designed, installed and maintained so as not to create a risk of damage to the
Pole, to persons or property upon or using the Street Parcel or City's other
property.
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iv.To the extent requested by City,Provider's plans shall include a
description of construction methods employed to address environmental
issues affecting or affected by the Use Areas and protect other facilities at
the Street Parcel and surrounding properties.
v.All specifications set forth in the City of Apache Junction Design
Standards for Small Wireless Facilities in the ROW (Exhibit A).
F.Approval Required.Provider shall not construct any Provider's
Improvements (including work on adjacent public lands, if applicable) without having
first received written plans approval from City.Such consent requirement shall
apply to all improvements, furnishings, equipment, fixtures, paint, wall treatments,
utilities of every description,communications cabling and other construction work
of any description as described in all plans heretofore or hereafter delivered by
Provider to City.Such consent requirement does not apply to work to the
Communications Equipment confined completely inside the Enclosure and not visible,
audible, or otherwise discernible outside the Enclosure.
G.Effect of Plans Approval.Provider shall submit engineering and
construction plans to the City for review and approval.City's approval of plans
submitted shall be for purposes of these Standard Terms only and shall constitute
irrevocable approval (but only at the level of detail of the applicable stage of the
review process) of the matters plainly shown on the plans approved. City shall not
reject subsequent plans to the extent the matter to which City objects was plainly
shown on plans previously approved by City. However, City is not precluded from
objecting to matters not previously approved,changes to plans,matters not
previously clearly disclosed on approved plans, or refinements or implementation of
matters previously approved.
H.Plans Required.Provider's design of all Provider's Improvements shall
occur in three stages culminating in final working construction documents for the
Provider's Improvements (the "Final Plans").The three stages are,in order of
submission and in increasing order of detail, as follows:
i.Conceptual plans showing the general layout,locations,elevations,
configuration, and capacities of all significant improvements, topographical
features,pedestrian and vehicular ways,buildings,utilities,and other
features significantly affecting the appearance, design, function or operation
of each element of Provider's Improvements.
ii.Preliminary plans showing all surface finishes and treatments, finished
elevations, general internal and external design (including without limitation
colors,textures and materials),mechanical,communications,electrical,
plumbing and other utility systems, building materials,landscaping and all
other elements necessary prior to preparation of final working construction
documents and showing compliance with all requirements of these Standard
Terms.The preliminary plans shall show all detail necessary prior to
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preparation of Final Plans.
iii.In addition to the information that City required for Preliminary plans, the
Final Plans shall include a title report for the Use Area and the Shared Use
Area, engineering design documents for the pole foundation, pole structural
design,and other generally required engineering specifications for
construction drawings or CD plans for permits.
I.Approval Process.The following procedure shall govern Provider's
submission to City of all plans for Provider's Improvements,including any
proposed changes by Provider to previously approved plans:
i. All plans Provider submits under these Standard Terms shall show design,
appearance,capacity,views,and other information reasonably deemed
necessary by City for a complete understanding of the work proposed, all
in detail reasonably deemed appropriate by City for the level of plans required
herein.
ii. Provider shall deliver all plans submissions for non -regulatory approvals
required herein directly to City Engineer and shall clearly label the
submissions to indicate that they are submitted pursuant to the Standard
Terms and not for building permits or other approvals. Each submittal of plans
by Provider for City's review shall include five (5) complete sets of the plans on
paper and, if requested, two (2) copies of the plans in electronic form.
iii. All construction plans shall be prepared by qualified registered professional
engineers.
iv.City and Provider shall endeavor to resolve design and construction
issues to their mutual satisfaction but, in the event of an impasse for any
reason or however arising, in light of City's ownership and other uses of the
Use Areas, and as a condition of City's entering into an Agreement, final
decision authority regarding all design and construction issues shall rest with
City.
v. All Provider's Improvements shall comply with all requirements of law, any
applicable insurance contracts and these Standard Terms.
J.Cost of Provider Improvements.All Provider's Improvements shall be
designed and constructed by Provider at Provider's sole cost and expense,
including without limitation any alteration or other change to City's equipment or
other improvements or personal property that may occur. In no event shall City be
obligated to compensate Provider in any manner for any of Provider's
Improvements or other work provided by Provider during or related to the term of
any approved Agreement. Provider shall timely pay for all labor, materials, work,
and all professional and other services related thereto and shall pay, protect,
indemnify, defend and hold harmless City and City's employees, officers, contractors
21
and agents against all claims related to such items.Provider shall bear the cost of
all work required from time to time to cause the Use Areas and City's adjoining
property (if directly affected by Provider's work) to comply with local zoning rules,
the Americans with Disabilities Act, building codes and all similar rules, regulations
and other laws if such work is required because of work performed by Provider,
by Provider's use of the Use Areas, or by any exercise of the rights granted to
Provider under this Site License Agreement.
K.Improvement Quality.Any and all work performed on the Use Areas by
Provider shall be performed in a workman -like manner meeting or exceeding the best
practices of similar facilities in the Phoenix metropolitan area, and shall be diligently
pursued to completion and in conformance with all building codes and similar rules.
All of Provider's Improvements shall be high quality, safe, fire resistant, modern in
design, and attractive in appearance, all as approved by City through the plans
approval processes described in these Standard Terms in addition to any zoning,
building code or other regulatory processes that may apply.
L.Ownership of Provider's Improvements.All Provider's Improvements
(including without limitation poles and lights) except the Communications Equipment
shall be and become part of the real property of City "brick by brick" as constructed
or installed.
M.Damage During Work.Upon performing any work upon the ROW, Provider
shall simultaneously restore the ROW to its prior condition, as directed by City and
repair any holes, mounting surfaces or other damage whatsoever to the ROW. Such
work shall include revegetation and appropriate irrigation systems for revegetated
areas.
N.Replacement Pole.If City approves a Provider proposal to install Antennas
on a City owned pole, then in addition to the other requirements, the following
shall apply:
i.Provider shall provide and deliver to City a replacement pole, including
mast arm, so that a replacement is immediately available to City in case the
original pole is damaged.
ii.If City uses a replacement pole,then Provider shall provide another
replacement pole.
iii. Upon installation of a replacement pole, the City will determine if the original
pole, mast arm(s), signal head(s), and light fixture(s) shall be delivered by
Provider to the City's Streets & Transportation Yard or if the Provider shall
dispose of the original pole, mast arm, signal head and light fixture.
iv. All performance under this paragraph shall be at Provider's expense. City
owns the original pole and all replacement poles.
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0.Coordination with Encroachment Permit.The Street Parcel is located in
City's public street ROW. An approved Agreement serves as an encroachment
permit under Chapter 13 of the Apache Junction City Code to the extent of allowing
Provider's Improvements to exist upon the Street Parcel.Provider shall obtain
additional encroachment permits at Provider's expense as follows:
i. Provider shall perform no construction work in the ROW without obtaining
from City a permit giving permission to work in the ROW.
ii.Provider shall not alter or modify its antennas, wireless equipment or any
improvements without submitting plans or drawings of the proposed
alteration or modification to City and obtaining approval from City's Engineer.
iii.Provider shall not perform any work on its own antennas or wireless
equipment without first obtaining from City an encroachment permit giving it
permission to work in the ROW.
iv.Provider shall not in any way obstruct pedestrian or vehicular traffic
within the ROW without first obtaining from City a permit giving permission to
obstruct traffic.
P.Time for Completion.Provider shall diligently and expeditiously pursue to
completion the construction of all approved Provider's Improvements. Provider shall
complete initial construction of the Project no later than the Completion Deadline.
Provider shall complete construction of all of other Provider's Improvements no later
than one hundred eighty (180) calendar days of permit issuance unless City and
Provider agree to extend this period or a delay is caused by a lack of commercial
power at the site.If City, in its sole examination of the construction activity at a
site,determines that Provider has not substantially performed construction at a
site within one hundred eighty (180) calendar days of the permit issuance date, City
may require the Provider to cease construction and resubmit the site for approval.
Q.Construction Notification.City may establish requirements for notification of
nearby residents and property owners prior to construction.
R.Work Time and Manner Restrictions.All installation,construction,
maintenance, inspection, repair and other work of any kind shall be done in a manner
that does not disrupt traffic (except in compliance with appropriate permits) or
nearby land uses. Without limitation, such work shall be done in compliance with
applicable City policies and directions from time to time, taking into account the
various sensitivities of traffic, tourism, events, adjoining land uses, other ROW uses,
and all other needs and concerns that are likely to be affected by Provider's work.
7.RF Safety for City Employees.As City's employees, agents, and representatives
must have uninterrupted and safe access to the ROW and all structures located
thereon, Provider must comply with at least one of the following safety protocols:
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A.Participate in a City RF Safety Program ("City's Safety Program"),
enrollment in which shall include:
i.A one-time contribution to the City of two (2) RF Personal Monitors, as
specified below, for monitoring radio frequency emissions from Provider
Facilities during the repair and maintenance of City's Facilities and ROW.
The RF Personal Monitors shall be delivered to the City Engineer within sixty
(60) calendar days of the issuance date of the first permit for a SWF issued
to the Provider.
a.The RF Personal Monitor shall be a new manufactured with full
original manufacturer's warranty NARDA (2271/101) - Nardalert S3
Personal & Area Monitor or equivalent device that is approved by the
City.
b.The Provider shall provide for each Nardalert S3 Personal & Area
Monitor, a protective silicon or rubberized cover, and a case to store
and carry the device.
ii.An annual contribution of two thousand five hundred dollars ($2,500.00)
for third -party training of City employees who will work on poles that have
a Wireless Facility and for the ongoing operation - including the annual
recertification training of City employees,test set calibration, and test set
maintenance and repair -of the City's Safety Program ("Annual
Contribution").
a.The first annual contribution,payable to the City of Apache
Junction,shall be delivered or transferred as directed by the City
Engineer within sixty (60) calendar days of the issuance date of the
first permit for a SWF issued to the Provider.
b.Each annual contribution thereafter shall be made payable to the
City of Apache Junction as directed by the City Engineer on or before
the anniversary date of the issuance date of the first permit for a SWF
issued to the Provider.
iii.On each five (5) year interval of the issuance date of the first permit to
install a SWF in the City, the Provider shall provide the City with one (1)
additional RF Personal Monitor that meets or exceeds the requirement in
Sections 7(A)(i)(a) and 7(A)(i)(b) that the City must approve prior to purchase.
iv.Prior to performing any work on a wireless site in the ROW, the City's
employee will contact the Network Operations Center ("NOC")whose
information shall be located on the ground equipment or on the pole. The
City's employee shall identify himself or herself as an employee of City and
needs the RF to be turned off at the site for a specified period to perform
maintenance or repair work at the site. Upon completion of the work, the
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City's employee shall contact the NOC and inform them that the site may
activate the RF signals.
B.Provide access to a "kill switch" for each wireless site that the City's
employees, agents, or representatives can use to turn off all power to the Provider's
Facilities while City's work is performed at the location.
C.Within 24 hours of a request, agree to send a technician with an RF
monitor to confirm that all RF emitting equipment has, in fact, been deactivated,
and to install all appropriate lockout tags and devices.
8.Maintenance and Utilities.Except as expressly provided below, Provider shall
be solely responsible for all maintenance, repair and utilities for the Use Areas
during the term of an approved Agreement. Without limitation, Provider shall perform
the following:
A.Maintenance by City.City has no maintenance or repair obligations for the
Communications Equipment or other Provider's Improvements.
B.Maintenance by Provider.Provider shall at all times repair and maintain
the Use Areas at Provider's sole expense in a first-class, sound, clean, safe and
attractive manner, meeting or exceeding the manner of maintenance at first class
comparable facilities in the Phoenix metropolitan area, as determined in City's
reasonable discretion. The preceding sentence does not require Provider to repair
or maintain City's facilities at the License Area unless such work is attributable in
whole or in part to Provider's use of the Use Areas.
C.Utility Service.Provider shall contract for and pay all charges, fees,
deposits and other amounts for electricity and telephone and other data
communication service to the Use Areas at the rates applicable thereto. Provider
shall use no other utilities at the Use Areas.
D.Utility Interruptions.City is not responsible for any interruption of utilities to
or upon the Use Areas or other difficulties related to utilities at the Use Areas.
E.Right of Inspection.City shall be entitled to inspect all construction,
reconstruction or installation work and to make such tests as it deems necessary to
ensure compliance with the terms herein,the public works code,or other
Telecommunications Laws. All City plans reviews, inspections, standards and other
rights and actions with relation to Provider's Improvements are for City's sole and
exclusive benefit and neither Provider nor any other person shall rely thereon or have
any rights related thereto. The preceding sentence does not prevent Provider from
relying on consents, permits or approvals City may grant based on City's plans,
reviews, and inspections. This right of access is in addition to access rights for City
inspectors or other employees and officers acting within their legal authority.
F.Construction Notification.City may establish requirements for Provider to
notify nearby residents prior to construction.
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G.Blue Stake.Provider shall register with and comply with the local Blue
Stake program.
9.Breach by Provider.Provider shall comply with,perform and do each
obligation required of Provider herein and shall cause all persons using the Use
Areas through or under Provider or these Standard Terms to do the same. Provider's
failure to do so shall be a material breach by Provider of these Standard Terms.
A.Events of Default.All Site Licenses are approved upon the condition that
each and every one of the following events herein shall be deemed an "Event of
Default" by Provider of Provider's material obligations under these Standard Terms:
i.If Provider shall be in arrears in the payment of Use Fee and shall not cure
such arrearage within ten (10) calendar days after City has notified Provider
of such arrearage.
ii.If Provider shall fail to operate the Communications Equipment (except
during specific periods expressly excused herein) for a period of three (3)
consecutive days or a total of five (5) calendar days within any twelve (12)
month period.
iii.If Provider shall fail to maintain any insurance required under these
Standard Terms. Notwithstanding the preceding sentence, such failure shall
not be a default if within five (5) business days after notice from City, Provider
provides to City the required insurance and the required evidence thereof.
Such insurance must cover the past for a period adequate that there is no
gap in the insurance coverage required by these Standard Terms.
iv.If a Pole ROW Agreement,Pole Antenna Agreement or Supplemental
Parcel Agreement shall expire or be terminated for any reason.
v. If Provider does not commence and diligently pursue to completion each
required stage of construction of the site within the times required herein.
The times specified for concluding each stage of required construction
have been established far enough in advance, and have taken into account
the likelihood of construction delays, so that no cure period is provided.
vi. If Provider shall be the subject of a voluntary or involuntary bankruptcy,
receivership, insolvency or similar proceeding or if any assignment of any of
Provider's or such other person's property shall be made for the benefit of
creditors or if Provider or such other person dies or is not regularly paying its
debts as they come due (collectively a "Provider Insolvency").
vii. If the issuer of any letter of credit shall fail for any reason to timely and fully
honor any request by City for funds or other performance under the
instrument and Provider fails to cause the issuer to or some other person to
26
honor the request within ten (10) calendar days after City notifies Provider that
such request has not been honored.
viii.If Provider shall fail to obtain or maintain any licenses, permits, or other
governmental approvals pertaining to the ROW or timely pay any taxes
pertaining to the ROW and shall not cure such failure within thirty (30) calendar
days.
ix.If City shall be exposed to any liability, obligation, damage, cost, expense,
or other claim of any description, whether or not asserted, unless Provider
gives immediate notice to City of Provider's commitment to indemnify, defend
and hold City harmless against such claim Provider does in fact promptly
commence and continue to indemnify, defend and hold City harmless against
such claim and, Provider delivers to City with said notice bonds or other
financial security in City's reasonable discretion adequate to assure that
Provider will indemnify, defend and hold City harmless against such claim and
adequate to protect City and the Use Areas from adverse consequences of such
claim.
x. If Provider shall fail to meet its obligations under the RF Safety Paragraph.
xi. If Provider shall engage in a pattern of repeated failure (or neglect) to timely
do or perform or observe any provision contained herein. After City has once
given notice of any failure by Provider to comply with its obligations set forth
in these Standard Terms, the following shall constitute a repeated failure by
Provider to comply with such provision:
a.Another failure to comply with any provision of these Standard
Terms during the following thirty (30) calendar day period.
b.Three (3) or more failures to comply with any provision of these
Standard Terms during any ninety (90) calendar day period.
c.Six (6)or more failures to comply with any provision of these
Standard Terms during any twelve (12) month period.
xii.If Provider shall fail to or neglect to timely and completely do or perform
or observe any other provisions herein and such failure or neglect shall
continue for a period of thirty (30)calendar days after City has notified
Provider in writing of such failure or neglect.
B.City's Remedies.Upon the occurrence of any Event of Default or at any
time thereafter, City may, at its option and from time to time, exercise at Provider's
expense any or all or any combination of the following cumulative remedies in any
order and repetitively at City's option:
27
i. Terminate any or all Site Licenses due to Provider's breach or for any other
reason does not terminate Provider's obligations arising during the time
simultaneous with or prior to or the termination, and in no way terminates
any of Provider's liability related to any breach of these Standard Terms.
ii.Pay or perform,for Provider's account,in Provider's name, and at
Provider's expense, any or all payments or performances required hereunder
to be paid or performed by Provider.
iii. Abate at Provider's expense any violation of these Standard Terms.
iv. Notwithstanding anything under these Standard Terms to the contrary,
unilaterally and without Provider's or any other person's consent or approval,
draw upon,withdraw or otherwise realize upon or obtain the value of any
letter of credit,escrowed funds,insurance policies,or other deposits,
sureties,bonds or other funds or security held by City or pledged or
otherwise obligated to City by Provider or by any third party (whether or not
specifically mentioned herein) and use the proceeds for any remedy permitted
by these Standard Terms.
v. Require an additional security deposit adequate in City's sole discretion to
protect City and the ROW.
vi.Assert, exercise or otherwise pursue at Provider's expense any and all
other rights or remedies, legal or equitable, to which City may be entitled,
subject only to the limitation set out below on City's ability to collect money
damages in light of the Violation Use Fee.
C.Violation Use Fee.In lieu of certain money damages (the "Inconvenience
Costs")set out below, the following shall apply to Provider's violation of certain
limited requirements of these Standard Terms (the "Violation Fee Provisions"):
i.The Inconvenience Costs are the money damages that City suffers in the
form of administrative cost and inconvenience, disharmony among Competing
Users, and general inconvenience in ROW use by City, Competing Users and
the public when Provider fails to comply with the Violation Fee Provisions.
ii.Provider's failure to comply with Violation Fee Provisions will result in
Inconvenience Costs in an amount that is and will be impracticable to
determine.Therefore, the parties have agreed that, in lieu of Provider paying
to City as damages the actual amount of the Inconvenience Costs for
violating the Violation Fee Provisions, Provider shall pay Violation Use Fee.
iii. Violation Use Fee is only intended to remedy Inconvenience Costs that City
suffers because of Provider's breach of the Violation Fee Provisions. Provider's
payment of Violation Use Fee does not in any way excuse any breach by
Provider of these Standard Terms or limit in any way Provider's obtaining any
28
other legal or equitable remedy provided by these Standard Terms or
otherwise or such breach. For example, Provider's obligation to pay Violation
Use Fee does not in any way detract from Provider's indemnity and insurance
obligations under these Standard Terms, which shall apply according to their
terms in addition to Provider's obligation to pay Violation Use Fee.
iv. Provider may elect to draw upon the letter of credit to collect the Violation
Use Fee.
v.The Violation Fee Provisions and the amount of the Violation Use Fee per
day or part thereof are as follows:
a. The amount of Six Hundred Dollars ($600.00) per day for Provider's
failure to properly restore the public ROW or to correct related violations
of specifications, code, ordinance or standards within ten (10) business
days after City's notice to correct such defects. Such Violation Use Fee
shall be in addition to any cost the City may incur to restore the ROW or
correct the violation.
b. The amount of Two Hundred Fifty ($250.00) per day for each failure
to make Provider's books and records available as required by this
Agreement.
c.The amount of Five Hundred Dollars ($500.00) per instance of any
other action or non -action by the Provider contrary to these Standard
Terms herein,that causes Inconvenience Costs and that is not cured
after three (3) business days' notice.
vi. Violation Use Fees shall be assessed as follows:
a. If City determines that Provider is liable for Violation Use Fee, then
City shall issue to Provider a notice of City's assessing a Violation Use
Fee. The notice shall set forth the nature of the violation and the amount
of the assessment.
b. Provider shall pay the Violation Use Fee within ten (10) calendar days
after City's notice. However, if the Violation Use Fee amount exceeds
Five Thousand Dollars ($5,000), then the following shall apply:
c. Provider shall have thirty (30) calendar days after the notice to pay
the Violation Use Fee or give City notice contesting the assertion of
noncompliance.
d.If Provider fails to respond to the notice,Provider shall pay the
Violation Use Fee. Otherwise, City shall schedule a public hearing to
investigate whether the Violation Use Fee is properly assessed. City
shall provide Provider at least ten (10) calendar days notice of such
29
hearing,which shall specify the time,place and purpose of the
hearing. At the hearing, Provider shall be provided an opportunity to be
heard and present evidence.If the result of the hearing is that
Provider is liable for Violation Use Fee, then the Violation Use Fee is
due ten (10) calendar days after the hearing decision is announced.
D.Non -waiver.Provider acknowledges Provider's unconditional obligation
to comply with these Standard Terms herein. No failure by City to demand any
performance required of Provider under these Standard Terms herein,and no
acceptance by City of any imperfect or partial performances under these Standard
Terms herein,shall excuse such performance or impair in any way City's ability
to insist, prospectively and retroactively, upon full compliance with these Standard
Terms herein. No acceptance by City of Use Fee payments or other performances
hereunder shall be deemed a compromise or settlement of any right City may have
for additional, different or further payments or performances as provided for in these
Standard Terms. Any waiver by City of any breach of condition or covenant herein
contained to be kept and performed by Provider shall not be deemed or considered
as a continuing waiver and shall not operate to bar or otherwise prevent City from
declaring a default for any breach or succeeding or continuing breach either of
the same condition or covenant or otherwise. No statement, bill or notice by City
or Provider concerning payments or other performances due hereunder, or failure
by City to demand any performance hereunder,shall excuse Provider from
compliance with its obligations nor estop City (or otherwise impair City's ability) to
at any time correct such notice and/or insist prospectively and retroactively upon full
compliance with this Agreement. No waiver of any description (including any waiver
of this sentence or paragraph) shall be effective against City unless made in writing
by a duly authorized representative of City specifically identifying the particular
provision being waived and specifically stating the scope of the waiver. Provider
expressly disclaims and shall not have the right to rely on any supposed waiver or
other change or modification,whether by word or conduct or otherwise,not
conforming to this paragraph.
E.Reimbursement of City's Expenses.Provider shall pay to City within thirty
(30) calendar days after City's demand any and all amounts expended or incurred
by City in performing Provider's obligations (upon Provider's failure to perform the
same after notice from City) together with interest thereon at the rate of twelve
percent (12%) per annum from the date expended or incurred by City.
F.Breach by City.Notwithstanding anything in these Standard Terms to the
contrary, if City at any time is required to pay to Provider any amount or render any
performance, such amount or performance is not due until thirty (30) calendar days
after notice by Provider to City that the amount has become payable or that the
performance is due. In the event a cure cannot be effected during that period, City
shall not be in default so long as City commences cure during the period and
diligently prosecutes the cure to completion provided such cure must be completed
within sixty (60) calendar days after the notice.
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G.Right to Setoff and Credit.In addition to its other rights and remedies City
shall have the right to setoff and credit from time to time and at any time, any and all
amounts due from Provider to City, whether pursuant to these Standard Terms herein
or otherwise, against any sum which may be due from City to Provider.
10.Termination.The following provisions shall apply at the expiration of the term of
each Site License:
A.Surviving Obligations.Expiration or termination of a Site License does not
terminate Provider's obligations existing or arising prior to or simultaneous with,
or attributable to, the termination or events leading to or occurring before termination.
B.Delivery of Possession.Provider shall cease using the Use Areas of the
expired or terminated Site License. Provider shall without demand, peaceably and
quietly quit and deliver up the Use Areas to City thoroughly cleaned, in good repair
with the Use Areas maintained and repaired and in as good order and condition,
reasonable use and wear excepted,as the Use Areas now are or in such better
condition as the Use Areas may hereafter be placed.
C.Confirmation of Termination.Upon expiration or termination of an
Agreement for any reason,Provider shall provide to City upon demand
recordable disclaimers covering the Use Areas executed and acknowledged by
Provider and by all persons claiming through this Agreement or Provider any interest
in or right to use the Use Areas.
D.Removal of Improvements.Provider shall remove all Communications
Equipment and restore the Use Areas including pole, mast arms,luminaires, or
wireless support structure to its prior condition, or to a condition matching City's
surrounding land and improvements, as directed by City, at Provider's expense prior
to normal expiration of the term of a Site License or within thirty (30) calendar days;
after termination of an Agreement for any other reason whatsoever.Without
limitation, such work shall include revegetation and appropriate irrigation systems
for revegetated areas. Notwithstanding anything in these Standard Terms to the
contrary, City may elect to require Provider to leave any or all construction or other
items (except the Communications Equipment) in place, and all such items shall be
owned by City. Unless City directs otherwise, all wiring, pipes and conduits shall be
left in good and safe condition, in working order, with each end properly labeled and
enclosed in proper junction boxes.
E.Prior Improvements.This article also applies to any improvements that
Provider may have made to the Use Areas.
11.Indemnity and Insurance.During the entire term of any Site License, Provider
shall insure its property and activities at and about the Use Areas and shall
provide insurance and indemnification as follows:
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A.Insurance Required.Not later than the date of this Agreement, and at all
times thereafter when Provider is occupying or using the Use Areas in any way,
Provider shall obtain and cause to be in force and effect the following insurance:
i.Commercial General Liability.Commercial general liability insurance with a
limit of Ten Million Dollars ($10,000,000) for each occurrence, a limit of Ten
Million Dollars ($10,000,000) for products and completed operations annual
aggregate, and a limit of Ten Million Dollars ($10,000,000) general aggregate
limit per policy year. The policy shall cover liability arising from premises,
operations,independent contractors,products,completed operations,
personal injury, bodily injury, advertising injury, and liability assumed under
an "insured contract"including this Agreement.The policy will cover
Provider's liability under the indemnity provisions set forth in these Standard
Terms. The policy shall contain a "separation of insured's" clause.
ii.Automobile Liability.Automobile liability insurance with a limit of One
Million Dollars ($1,000,000) for each occurrence covering any and all owned,
hired, and non -owned vehicles assigned to or used in any way in connection
with Provider's use of the ROW.Without limitation,such insurance shall
cover hazards of motor vehicle use for loading and off-loading.
iii.Workers'Compensation.Such workers'compensation and similar
insurance as is required by law and employer's liability insurance with a
minimum limit of One Hundred Thousand Dollars ($100,000) for each
accident,One Hundred Thousand Dollars ($100,000)disease for each
employee, Five Hundred Thousand Dollars ($500,000) policy limit for disease.
All contractors and subcontractors must provide like insurance.
iv.Special Risk Property.Unless waived by City in writing, all risk property
insurance covering damage to or destruction of all real and personal
improvements to the ROW,including without limitation,all improvements
existing upon the ROW prior to this Agreement or hereafter constructed in an
amount equal to full replacement cost of all such improvements.Such
insurance shall be special causes of loss policy form (minimally including
perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft, vehicles,
riot, civil commotion,theft, vandalism, malicious mischief, collapse and flood).
Coverage shall include pollutant clean up and removal with minimum limits
coverage of Fifty -Thousand Dollars ($50,000.00).
a.Other Insurance.Any other insurance City may reasonably require
for the protection of City and City's employees, officials, representatives,
officers and agents (all of whom,including City,are collectively
"Additional Insureds"), the ROW, surrounding property, Provider, or the
activities carried on or about the ROW. Such insurance shall be limited
to insurance a reasonable person owning,leasing,designing,
constructing, occupying, or operating similar facilities might reasonably
purchase.
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B.Policy Limit Escalation.City may elect by notice to Provider to increase
the amount or type of any insurance to account for inflation, changes in risk, or any
other factor that City reasonably determines to affect the prudent amount of
insurance to be provided.
C.Form of All Insurance.All insurance provided by Provider with respect to
the ROW,whether required in these Standard Terms or not,shall meet the
following requirements:
i. "Occurrence" coverage is required.
ii. If Provider uses any excess insurance then such excess insurance shall
be "follow form" equal to or broader in coverage than the underlying insurance.
iii. Policies must also cover and insure Provider's activities relating to the
business operations and activities conducted away from the ROW.
iv. Within five (5) business days of receiving a written request from the City,
Provider shall provide copies of insurance certificates,insurance policies,
formal endorsements or other documentation acceptable to City that all
insurance coverage required herein is provided.
v. Provider's insurance shall be primary insurance with respect to claims
arising out of Provider's operations, activities and obligations set forth in
these Standard Terms.
vi. All policies, including workers' compensation, shall waive transfer rights of
recovery (subrogation) against City, and the other Additional Insureds.
vii. All deductibles, retentions, or "self -insured" amounts shall be subject to the
following:
a. Provider shall be solely responsible for any self-insurance amount or
deductible.
b. Such amounts shall not exceed in total One Hundred Thousand
Dollars ($100,000) per loss. At such times as Provider's net worth is
more than One Hundred Million Dollars ($100,000,000), such limit shall
be One Million Dollars ($1,000,000).
c. Any self -insured exposure shall be deemed to be an insured risk under
this Agreement.
d.Provider shall provide to the beneficiaries of all such amounts no
less insurance protection than if such self -insured portion was fully
insured by an insurance company of the quality and caliber required
hereunder.
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e. The right to self -insure is limited and specific to Provider and does
not extend to Provider's contractors or others.
viii. All policies except workers' compensation must name City and the other
Additional Insureds as additional insureds. Provider shall cause coverage for
Additional Insureds to be incorporated into each insurance policy by
endorsement with respect to claims arising out of Provider's operations,
activities and obligations under these Standard Terms.
ix. All policies must require the insurer to provide City with at least thirty (30)
calendar days prior notice of any cancellation. The insurer's duty to notify City
of changes in coverage shall not include phrases such as "endeavor to" or
"but failure to mail such notice shall impose no obligation or liability of any
kind upon the company, its agents or representatives."
x.All policies shall require that notices be given to City in the manner
specified for notices to City set forth in these Standard Terms.
D.Insurance Certificates.Provider shall evidence all insurance by furnishing
to City certificates of insurance annually and with each change in insurance
coverage. Certificates must evidence that the policy described by the certificate is
in full force and effect and that the policy satisfies each requirement of these
Standard Terms applicable to the policy. For example,certificates must evidence
that City and the other additional insureds are additional insureds.Certificates
must also be in an industry standard form reasonably acceptable to City. Provider
shall provide updated certificates at City's request.
E.Acceptable Insurers.All insurance policies shall be issued by insurers
acceptable to City. At a minimum, all insurers shall be duly licensed (or qualified
unlicensed non -admitted insurer) by the State of Arizona, Department of Insurance.
At a minimum, all insurers shall have and maintain an A.M. Best, Inc. rating of B++ 6.
F.No Representation of Coverage Adequacy.By requiring insurance herein,
City does not represent that coverage and limits will be adequate to protect
Provider.City reserves the right to review any and all of the insurance policies
and/or endorsements cited in these Standard Terms but has no obligation to do
so.Failure to demand such evidence of full compliance with the insurance
requirements set forth in these Standard Terms or failure to identify any insurance
deficiency shall not relieve Provider from, nor be construed or deemed a waiver of,
Provider's obligation to maintain the required insurance at all times.
G.Indemnity.In addition to all other indemnities and other obligations
hereunder, to the fullest extent permitted by law, throughout the term of any Site
License and until all obligations and performances under or related to these Standard
Terms are satisfied and all matters described in this paragraph are completely
resolved, Provider and all other persons using, acting,working or claiming through
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or for Provider (if they or their subcontractor, employee or other person or entity
hired or directed by them participated in any way in causing the claim in question)
shall jointly and severally indemnify, defend and hold harmless City and all other
additional insureds for, from and against any and all claims or harm related to
Provider's use of the ROW or the rights granted to Provider with respect to the ROW
or Provider's exercise of its rights under these Standard Terms (the "Indemnity").
Without limitation, the Indemnity shall include and apply to any and all allegations,
demands, judgments,assessments,taxes, impositions,expenses,proceedings,
liabilities,obligations,suits,actions,claims (including without limitation claims of
personal injury,bodily injury,sickness,disease,death,property damage,
destruction, loss of use, financial harm, or other impairment), damages,losses,
expenses, penalties, fines or other matters (together with all attorney fees, court
costs, and the cost of appellate proceedings and all other costs and expenses of
litigation or resolving the claim) that may arise in any manner out of any use of the
ROW or other property pursuant to any Site License or any actions, acts, errors,
mistakes or omissions relating to work or services in the performance of or related
to this Agreement, including without limitation any injury or damages or cause of
action claimed or caused by any employees, contractors, subcontractors, tenants,
subtenants, agents or other persons upon or using the ROW or surrounding areas
related to Provider's exercise of its rights under this Agreement, including without
limitation, claims,liability, harm or damages caused in part by City or any other
additional insured or anyone for whose mistakes, errors, omissions or negligence
Provider or City may be liable. As a condition to City's approval of any Site License,
Provider specifically agrees that to the extent any provision of this paragraph is
not fully enforceable against Provider for any reason whatsoever, this paragraph
shall be deemed automatically reformed to the minimal extent necessary to cause it
to be enforceable to the fullest extent permitted by law. The Indemnity shall also
include and apply to any environmental injury,personal injury or other liability
relating to Provider's use of real property under this Agreement. Notwithstanding
the foregoing, the Indemnity does not apply to:
i.Claims arising only from the sole gross negligence or intentionally wrongful
acts of City.
ii. Claims that the law prohibits from being imposed upon the indemnitor.
H.Risk of Loss.Provider assumes the risk of any and all loss, damage or
claims related to Provider's use of the ROW or other property of City, Provider or
third parties throughout the term hereof. Provider shall be responsible for any and
all damage to its property and equipment related to these Standard Terms.
I.Insurance to be Provided by Others.Provider shall cause its contractors
or other persons occupying, working on or about, or using the ROW pursuant to
these Standard Terms to be covered by their own or Provider's insurance as
required by these Standard Terms. The required policy limits for commercial general
liability insurance provided by such persons shall be One Million Dollars
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($1,000,000) for each occurrence, One Million Dollars ($1,000,000) for products and
completed operations annual aggregate,and Two Million Dollars ($2,000,000)
general aggregate limit per policy year. This paragraph does not apply to persons
who do not actually perform physical labor in the ROW (such as Provider's consulting
design engineers).
12.Damage to or Destruction of the Use Areas.The following provisions shall
govern damage to or destruction of the Use Areas by fire, flood, explosion, the
elements, the public enemy, or other casualty (collectively "Casualty Damage"):
A.Damage to Provider's Improvements.Provider shall commence restoring
the Casualty Damage to Provider's Improvements within thirty (30) calendar days
after any Casualty Damage occurs. Provider shall complete the restoration work
within thirty (30) calendar days after commencement. Such work shall be subject
to the plans approval process and all other requirements for Provider's
Improvements.Provider shall perform all restoration work at Provider's sole cost
and expense.
B.Monthly Restoration Work Report.Provider shall provide to City no later
than the tenth day of each month a written narrative report of the progress of the
restoration work.
13.Provider's Records.During the entire term of any Agreement,Provider shall
keep records and provide information to City as follows:
A.Scope of Information.Unless otherwise specified,all of Provider's
recordkeeping and disclosure obligations under this article are limited to the
following (collectively the "Covered Information"):
i.The status of the construction,repair or restoration of Provider
Improvements.
ii. Information indicating whether City or Provider is in compliance with the
terms herein.
B.Records Inspection.At Provider's expense, Provider shall:
i. Permit and assist City and its representatives upon twenty-one (21) calendar
days notice to inspect,audit,and copy Provider's records of Covered
Information.
ii.Make the records of Covered Information (and reasonable
accommodations for City's audit and inspection) available to City at Provider's
offices in the Phoenix metropolitan area.
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iii. Cause Provider's employees and agents and accountants to give their full
cooperation and assistance in connection with City's access to the Covered
Information.
C.Record Retention.Provider shall preserve records of the Covered
Information in a secure place at Provider's corporate headquarters in the
continental United States for a period ending seven (7) years after the time period
reported by the records.
D.Record Media Included.City's and Provider's rights and obligations
regarding the Covered Information apply regardless of the type of media,
materials, or data repositories that may contain the Covered Information. City shall
have access to Covered Information contained, without limitation, in records, books,
papers, documents,recordings,computer data, contracts, logs, notes, ledgers,
correspondence, reports, drawings, and memoranda, and any and all other sources,
records and repositories of Covered Information.
E.Reports.Provider shall deliver to City written reports (and, if requested by
City, a presentation to City's governing council or designee) covering such Covered
Information as City may requestfrom time to time. City shall not request such reports
more often than once in any twelve (12) month period.
F.Standards for Records.Provider shall maintain a standard,modern
system of recordkeeping for the Covered Information and shall keep and maintain
proper and accurate books and other repositories of information relating to the
Covered Information.
14.Compliance with Law.Provider shall perform its obligations under these
Standard Terms in accordance with all federal,state,county and local laws,
ordinances, regulations or other rules or policies as are now in effect or as may
hereafter be adopted or amended. Without limiting in any way the generality of the
foregoing, Provider shall comply with all and each of the following:
A.Applicability of Municipal Law.Without limitation, Provider shall comply
with municipal laws as follows:
i.Provider acknowledges nothing set forth herein constitutes, and City has
not promised or offered, any type of waiver of, or agreement to waive (or show
any type of forbearance, priority or favoritism to Provider with regard to) any
law, ordinance, power, regulation, tax, assessment or other legal requirement
now or hereafter imposed by the City of Apache Junction or any other
governmental body upon or affecting Provider, the Use Areas, or the Street
Parcel or Provider's use of the Use Areas, the Street Parcel or the Rights -of-
way.
ii. All of Provider's obligations hereunder are in addition to, and cumulative
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upon (and not to any extent in substitution or satisfaction of), all existing or
future laws and regulations applicable to Provider.
iii. City by this Agreement cannot and has not relinquished or limited any right
of condemnation or eminent domain over the ROW or any other property
related to these Standard Terms or within the ROW.
iv. This Agreement cannot and does not impair City's, power to enact, apply or
enforce any laws or regulations,or exercise any governmental powers
affecting in any way Provider, the Use Areas, the Street Parcel, or the ROW.
v.City's rights and remedies hereunder for Provider's failure to comply
with all applicable laws supplement and are in addition to and do not replace
otherwise existing powers of the City of Apache Junction or any other
governmental body.
vi.Provider's rights hereunder are further subject to all present and future
building restrictions,regulations,zoning laws,and all ordinances,
resolutions, rules and orders of all bodies, bureaus, commissions and bodies
of any municipal, county, state, or federal authority, now or hereafter having
jurisdiction over the Use Areas or Provider's use thereof. Provider shall
comply with all of the foregoing.
B.Radio Frequency Compliance Requirements.Provider shall document,
report and confirm its compliance with Federal Communications Commission ("FCC")
Radio Frequency Exposure Guidelines (FCC OET Bulletin 65)and all other
applicable RF emissions laws and regulations in effectfrom time to time (collectively,
the "FCC Rules") as follows:
i. Provider shall cause its senior internal engineer responsible for compliance
with the FCC Rules to deliver to City a written letter (the "RF Letter"), as follows:
a.The RF Letter shall attest that Provider's operation of the
Communications Equipment is in compliance with the FCC Rules. A
statement from Wireless Provider declaring exemption from reporting
to FCC is not acceptable to comply with the requirements of this
paragraph.
ii. Provider shall maintain records of RF measurements and Communications
Equipment performance in accordance with the FCC Rules.
iii. Provider shall also evidence and demonstrate its compliance with the FCC
Rules in such manner and at such intervals as the Apache Junction City
Code and other applicable laws and regulations may mandate.
C.Government Property Lease Excise Tax.Provider shall be responsible for
any and all property taxes and all government property lease excise taxes described
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in A.R.S. §42-6201 et seq.or similar laws in force from time to time. Pursuant to
A.R.S. § 42-6206, failure by Provider to pay the taxes after notice and an opportunity
to cure is an event of default that could result in divesting Provider of any interest in
or right of occupancy of the Use Areas.
D.Use Area Regulations.City reserves the right to adopt, amend and enforce
against Provider rules and regulations governing the operation of the Street Parcel,
including the Use Areas, Provider's activities therein and thereon, and the public
areas and facilities used by Provider in connection therewith.
E.Taxes. Liens and Assessments.In addition to all other amounts herein
provided and to the extent consistent with applicable law,Provider shall pay,
when the same become due and payable, all taxes and general and special fees,
charges and assessments of every description that during the term of any
Agreement may be levied upon or assessed upon or with respect to Provider's
use of the ROW,the operations conducted therein, any amounts paid or other
performances required by these Standard Terms by either party, and all possessory
interest in the ROW and Provider's improvements and other property thereon.
Provider shall pay, indemnify, defend and hold harmless City from any and all such
obligations, including any interest, penalties and other expenses which may be
imposed, and from any lien therefor or sale or other proceedings to enforce payment
thereof.
F.Permits.Nothing in these Standard Terms relieves Provider of the
obligation to obtain permits, licenses and other approvals from City or other units
of government that are required for the erection,construction,reconstruction,
installation,operation or maintenance of the Communications Equipment or
provision of Telecommunications Services;or from compliance with applicable
municipal codes,ordinances,laws and policies,such as zoning and land use
ordinances and regulations,pavement cut and restoration ordinances and
regulations,subdivision and project improvement ordinances,curb cut permits,
building permits,ROW permits and the like.
15.Assignability.Site License Agreements are not assignable by Provider (and
any assignment shall be void and vest no rights in the purported assignee) unless
the assignment is made in strict compliance with the following:
A.Assignments Affected.Every assignment of any of Provider's interest in
the ROW or this Agreement or any of Provider's rights or interests hereunder is
prohibited unless Provider first receives from City notice of City's consent to the
assignment. All references in these Standard Terms to assignments by Provider or
to assignees shall be deemed also to apply to all of the following transactions,
circumstances and conditions and to all persons claiming pursuant to such
transactions, circumstances and conditions:
i.Any voluntary or involuntary assignment,conveyance or transfer of
Provider's right to use the ROW under this Agreement or any interest or rights
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of City under this Agreement, in whole or in part.
ii.Any voluntary or involuntary pledge,lien,mortgage,security interest,
judgment,claim or demand,whether arising from any contract,any
agreement,any work of construction, repair, restoration,maintenance or
removal, or otherwise affecting Provider's rights to use the ROW (collectively
"Liens").
iii.Any assignment by Provider of any interest in any Agreement for the
benefit of creditors, voluntary or involuntary.
iv. A Provider Insolvency.
v. The occurrence of any of the foregoing by operation of law or otherwise.
vi. The occurrence of any of the foregoing with respect to any assignee or
other successor to Provider.
B.Pre -approved Assignments.Subject to certain conditions hereafter stated,
City hereby consents to certain assignments (the "pre -approved assignments").
Only the following assignments are pre -approved assignments:
i.Complete Assignment of Agreement.Provider's complete assignment of all
of Provider's rights and Interests in the ROW and approved Agreements to a
single assignee who meets all of the following requirements, as determined by
City in City's reasonable discretion (a "Qualified Operator"):
a.The assignee has experience,management,credit standing and
financial capacity and other resources equal to or greater than
Provider's and adequate to successfully perform the obligations set
forth herein.
b.The assignee is experienced in the management and operation of
similar projects.
c. The assignee assumes all of Provider's obligations herein.
d.The assignee has a net worth of not less than Fifty Million Dollars
($50,000,000).
ii.Stock Transfers.The transfer of publicly traded stock, regardless of quantity.
iii.Merger.The merger or consolidation of Provider with another entity that is a
Qualified Operator.
iv.Common Ownership Transfer.Provider's complete assignment of all of
Provider's rights and interests in the ROW and approved Agreements to
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single assignee who is and remains a wholly owned subsidiary of Provider's
sole owner as of the date of this agreement (or a wholly owned subsidiary of
a wholly owned subsidiary of Provider's sole owner as of the date of this
Agreement).
C.Limitations on Assignments.City's consent to any assignment, including
without limitation, pre -approved assignments, is not effective until the following
conditions are satisfied:
i.Except for the sale of stock, Provider shall provide to City a complete
copy of the document assigning its interests.
ii. Each assignee must execute an assumption of the Agreements in form
acceptable to City.
iii. Each pre -approved assignment must satisfy all other requirements of these
Standard Terms pertaining to assignments.
D.Assignment Remedies.Any assignment without City's consent shall be
void and shall not result in the assignee obtaining any rights or interests. City may, in
its sole discretion and in addition to all other remedies available to City under these
Standard Terms or otherwise, and in any combination, terminate any and all Site
Licenses, collect Use Fee from the assignee and/or declare the assignment to be
void, all without prejudicing any other right or remedy of City under these Standard
Terms. No cure or grace periods shall apply to assignments prohibited under these
Standard Terms or to enforcement of any provision under these Standard Terms
against an assignee who did not receive City's consent.
E.Effect of Assignment.Prior to any assignment,each assignee must
execute an assumption of each Site License in the form attached hereto as
Attachment C.No action or inaction by City shall be deemed a waiver of the
prohibition on assignments or any other provision herein, or the acceptance of the
assignee, Provider or occupant as Provider, or a release of Provider from the further
performance by Provider of the provisions of this Agreement. Consent by City to
an assignment shall not relieve Provider from obtaining City's consent to any further
assignment. No assignment shall release Provider from any liability hereunder.
F.Enforceability after Assignment.No consent by City shall be deemed to
be a novation. City's consent to any assignment does not in any way expand or
modify the terms set forth in these Standard Terms or waive, diminish or modify any
of City's rights or remedies under this Agreement. The terms set forth in these
Standard Terms shall be enforceable against Provider and each successor, partial
or total,and regardless of the method of succession,to Provider's interest
hereunder. Each successor having actual or constructive notice of this Agreement
shall be deemed to have agreed to the preceding sentence.
G.Grounds for Refusal.Except for the pre -approved assignments,no
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assignment of any Site License by Provider is contemplated or bargained for. Without
limitation,City has the right to impose upon any consent to assignment such
conditions and requirements as City may deem appropriate.
H.Consent to Assignments.Provider shall attach to each pre -approved
assignment a copy of Provider's notice to City of the pre -approved assignment and
other required documents, Provider shall attach to each other assignment, a copy
of City's notice to Provider of City's consent to the assignment. These Standard
Terms shall continue to be enforceable according to its terms in spite of any
provisions of any documents relating to an assignment
I.Assignment Fee.Provider shall pay to City in advance the sum of Five
Hundred Dollars ($500) as a non-refundable fee for legal, administrative and other
expenses related to every pre -approved assignment (other than the sale of publicly
traded stock) or to any request for a consent to assignment, whether or not City
grants such request
16.Miscellaneous.The following additional provisions apply to these Standard
Terms:
A.Amendments.These Standard Terms may not be amended except by a
formal writing executed by all of the parties.
B.Dates.Any reference to a year shall refer to a calendar year unless a fiscal
year is specifically stated. Sunday, Saturday and Arizona legal holidays are holidays
for purposes of this Agreement
C.Time of Essence.Time is of the essence of each and every provision of
this Agreement.
D.Severability.If any provision of these Standard Terms shall be ruled by a
court or agency of competent jurisdiction to be invalid or unenforceable for any
reason, then:
i. The invalidity or unenforceability of such provision shall not affect the
validity of any remaining provisions of these Standard Terms.
ii. These Standard Terms shall be automatically reformed to secure to the
parties the benefits of the unenforceable provision, to the maximum extent
consistent with law.
E.Conflicts of Interest.No officer, representative or employee of City shall
have any direct or indirect interest in this Agreement,nor participate in any
decision relating to any Site License that is prohibited by law.
F.No Partnership.The transactions and performances contemplated hereby
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shall not create any sort of partnership, joint venture or similar relationship between
the parties.
G.Non -liability of Officials and Employees.No official,representative or
employee of City shall be personally liable to any party, or to any successor in interest
to any party, in the event of any default or breach by City or for any amount which
may become due to any party or successor, or with respect to any obligation of City
or otherwise under the terms of this Agreement or related to this Agreement.
H.Notices.Notices hereunder shall be given in writing delivered to the other
party or mailed by registered or certified mail, return receipt requested, postage
prepaid to the addresses set forth in the Site License Agreements and to the City as
follows:
If to City:City Engineer
City of Apache Junction
575 East Baseline Avenue
Apache Junction, AZ 85119
With a copy to:City Attorney
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
By notice from time to time, a person may designate any other street address
within Pinal County, Arizona as its address for giving notice hereunder. Service of
any notice by mail shall be deemed to be complete three (3) days (excluding Friday,
Saturday, Sunday and legal holidays) after the notice is deposited in the United
States mail.
I.Construction.Whenever the context of these Standard Terms requires
herein the singular shall include the plural, and the masculine shall include the
feminine.
J.Funding.This subparagraph shall control notwithstanding any provision
of this Agreement or any exhibit or other agreement or document related hereto. If
funds necessary to fulfill City's obligations under this Agreement are not
appropriated by the Apache Junction City Council,City may terminate this
Agreement, by notice to Provider. City shall use best efforts to give notice of such
a termination to Provider at least thirty (30) calendar days prior to the end of City's
then current fiscal period. Termination in accordance with this provision shall not
constitute a breach of this Agreement by City. No person will be entitled to any
compensation, damages or other remedy from City if this Agreement is terminated
pursuant to the terms of this subsection.
K.Paragraph Headings.The paragraph headings contained herein are for
43
convenience in reference and not intended to define or limit the scope of any
provision of this Agreement.
L.No Third Party Beneficiaries.No person or entity shall be a third party
beneficiary to this Agreement or shall have any right or cause of action hereunder.
City shall have no liability to third parties for any approval of plans, Provider's
construction of improvements, Provider's negligence, Provider's failure to comply
with the provisions of these Standard Terms (including any absence or inadequacy
of insurance required to be carried by Provider).
M.Exhibits.All Exhibits specifically stated to be attached hereto as specified
herein are hereby incorporated into and made an integral part of this Agreement for
all purposes.
N.Attorneys' Fees.If any action, suit or proceeding is brought by either party
hereunder to enforce this Agreement or for failure to observe any of the
covenants of this Agreement or to vindicate or exercise any rights or remedies
hereunder, the prevailing party in such proceeding shall be entitled to recover from
the other party such prevailing party's reasonable attorneys'fees and other
reasonable litigation costs (as determined by the court (and not a jury) in such
proceeding).
0.Approvals and Inspections.All approvals, reviews and inspections by City
are for City's sole benefit and not for the benefit of Provider,its contractors,
engineers or other consultants or agents, or any other person.
P.Legal Workers.If and to the extent A.R.S.§ 41-4401 is applicable
Provider shall comply with laws regarding workers as follows:
i.Provider warrants to City that Provider and all its subcontractors will
comply with all federal immigration laws and regulations that relate to their
employees and that Provider and all its subcontractors now comply with the
E -Verify Program under A.R.S. § 23-214(A).
ii. A breach of the foregoing warranty by Provider shall be deemed a material
breach of this Agreement that is subject to penalties up to and including
termination of this Agreement.
iii. City retains the legal right to inspect the papers of any employee of
Provider or any subcontractor who works on a Use Area pursuant to
Agreement to ensure that they or the subcontractor is complying with the
warranty given above.
iv.City may conduct random verification of Provider's and its
subcontractors' employment records to ensure compliance with the warranty
given above.
44
v. Provider shall indemnify, defend and hold City harmless for, from and
against all losses and liabilities arising from any and all violations of the
warranty given above.
45
EXHIBIT A-1
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN
THE CITY OF APACHE JUNCTION AND
FOR CITY OWNED POLE
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement")
is made and entered into this day of, 20_,(the "Execution Date")by and
between the CITY OF APACHE JUNCTION, an Arizona municipal corporation
("City"),and [COMPANY NAME,INC.], an Arizona [corporation/limited liability
company], ("Provider"), sometimes collectively referred to as the "Parties" or
individually as a "Party".
RECITALS
A.The City of Apache Junction "Wireless Facilities Standard Terms and
Conditions" sets out various recitals (collectively the "recitals") and provisions
(collectively the "terms").
B.City holds an interest in a parcel of land (the "parcel")comprising
street rights -of -way ("ROW") for .The parcel is
located approximately feet of the center of the intersection of
and
C. This Agreement allows Provider to use certain limited portions of the
parcel.
D.The portions of the parcel that this Agreement allows Provider to use
(the "Use Areas") are defined in the package of maps and related materials (the
"Boundary Plan") attached hereto as Exhibit A.
E.Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related
electronic equipment that is specified on the Site Plan (the "communications
equipment") subject to the requirements of this Agreement. The communications
equipment is limited to the actual electronic equipment, portable cabinets for such
equipment, the enclosure, the antennas ("antennas") used to communicate with
cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit B. Notwithstanding anything in this Agreement to the
contrary, the communications equipment excludes any item not shown on the Site
Plan.
F. The volume of the enclosure and the above ground portion of its pad as
shown in the Site Plan is cubic feet.
G.The parcel is currently improved with an approximately foot tall
[electrical/traffic signal/street light/antenna support] pole (the "Pole") owned by
City.
H.Provider proposes to [use the existing Pole/replace the existing Pole]
with a new Pole that City will own.
I.In order to install the communications equipment, Provider desires to
construct supporting improvements and perform all other work shown on the Site
Plan (collectively the "Project").
J. Provider shall complete the entire Project and put the communications
equipment in full operation no later than one hundred eighty (180) calendar days
after the date of the issuance of the encroachment permit (the "completion
deadline"), or otherwise abandons its application request.
K. City desires to grant to Provider a license to install, maintain, operate and
repair the communications equipment (the "Permitted Uses")subject to the
requirements of this Agreement.
L. The recitals are all incorporated herein by reference as if set out in full.
TERMS
NOW, THEREFORE,in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1.License Terms.City hereby grants to Provider a license to use the Use
Areas as follows:
A.Terms Incorporated.The terms are all incorporated herein by
reference as if set out in full. Provider warrants and represents that provider
has read and agrees to the recitals and the terms.Capitalized terms used
but not defined in this Agreement shall have the meanings assigned by the
recitals and the terms.
B.Terms Application.Provider shall comply with all of the terms.
Without limitation, the terms shall apply to the Use Areas as follows:
i.Provider's Boundary Plan Responsibility.It is Provider's
responsibility before signing this Agreement to ensure that
the Boundary Plan is prepared as follows:
a. Provider shall insure that the Boundary Plan clearly
depicts all portions of the parcel that Provider desires to
2
use and that each such area is clearly shown on the
Boundary Plan and labeled to clearly indicate which of the
categories of exclusive areas or shared areas set out in
the standard terms applies to the area.
b. If the Boundary Plan does not clearly show any
portion of the parcel as one of the categories of exclusive
areas or shared areas set out in the terms, then such
portion of the parcel is not part of the Use Areas and
Provider may not use such portion of the parcel, even if
the use is discussed in the terms.
c.Any exclusive area or shared area described or
named in the terms that is not clearly depicted and
correctly labeled on the Boundary Plan is excluded from
this Agreement and unavailable for Provider's use.
d. Any portion of the Boundary Plan or the Site Plan that
indicates a Provider use of the parcel that is not one of the
exclusive areas or shared areas specifically enumerated
in the terms is excluded from this Agreement and not
available for Provider's use.
e.All work,improvements and equipment within an
exclusive area or shared area is limited to the purposes
enumerated in the terms for that particular exclusive
area or shared area.
f. This Agreement does not allow use of any land other
than the specified portions of the parcel that are exclusive
areas or shared areas.
g. Any change to the Boundary Plan after City executes
this Agreement is void unless it is memorialized in a formal
amendment to this Agreement.
ii.Site Plan.It is Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that
Provider intends to perform, that the Site Plan correctly shows all
improvements and equipment that Provider intends be located on
the Use Areas,that the Site Plan shows no work,improvements
or equipment outside the exclusive areas and shared areas properly
depicted and labeled on the Boundary Plan,and that all work,
improvements and equipment is encompassed within the purposes
enumerated in the terms for that particular exclusive area or shared
area. Any work, improvements or equipment not conforming to all the
foregoing is prohibited, even if it is clearly shown on the Site Plan or
discussed in the terms. Any refinement or other change to the Site
Plan after City executes this Agreement is void unless Provider obtains
Provider's approval of the change pursuant to the plans approval
processes set out in the terms and pursuant to all applicable
regulatory requirements.
iii.Term of Agreement.The term of this Agreement is as stated in
Section 1 License Terms.
iv.Provider's Payments.Provider shall pay City the amounts
described in the terms.
v.Use Restrictions.Provider shall comply with the use restrictions
set out in the terms.
vi.Encroachment Permits.This Agreement constitutes an
"Encroachment Permit" under Chapter 13, Volume I of the Apache
Junction City Code to the extent of granting permission for the
communications equipment to exist on the parcel but not to allow any
construction or other work of any description in the ROW or to allow
obstruction of traffic or alteration of City's improvements.Before
performing any work on the ROW, Provider shall obtain the following
additional encroachment permits, as applicable:
•Permission to work in the ROW.
•Traffic Control Plan.
•Any other applicable permits regarding work in the ROW.
vii.Compliance with Law.Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered,
any type of waiver of, or agreement to waive (or show any type of
forbearance, priority or favoritism to Provider with regard to) any law,
ordinance,power,regulation,tax,assessment or other legal
requirement now or hereafter imposed by the City of Apache
Junction or any other governmental body upon or affecting
Provider's use of the parcel. For example, Provider shall comply with
all building and ROW codes, ordinances and policies.
2.City's Initial Information.Unless and until City g ives notice otherwise, City's
contract administrator shall be the City Engineer.
3.Provider's Initial Information.Unless and until Provider gives notice
otherwise Provider's network operations center phone number is
).Provider's address for notices shall be: [NAME, STREET
ADDRESS, CITY, STATE, ZIP]. Provider's billing address for routine billing invoices
4
shall be: [NAME, STREET ADDRESS, CITY, STATE, ZIP].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first set forth above.
PROVIDER:
[COMPANY NAME, INC.], an Arizona
[corporation/limited liability company]
By: [Name]
Its: [Title]
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By:
Its: City Engineer
5
STATE OF
County of
)
) ss.
)
The foregoing was subscribed and sworn to before me this day of
, 20 , by as of [Company
Name], an Arizona [corporation/limited liability company].
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day of
, 20 , by , as City Engineer of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
My Commission Expires:
Notary Public
6
EXHIBIT A
BOUNDARY PLAN
EXHIBIT B
SITE PLAN
EXHIBIT A-2
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN
THE CITY OF APACHE JUNCTION AND
FOR WIRELESS PROVIDER OWNED NEW POLE
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement")
is made and entered into this day of, 20_,(the "Execution Date")by and
between the CITY OF APACHE JUNCTION, an Arizona municipal corporation
("City"),and [COMPANY NAME,INC.], an Arizona [corporation/limited liability
company], ("Provider"), sometimes collectively referred to as the "Parties" or
individually as a "Party".
RECITALS
A.The City of Apache Junction "Wireless Facilities Standard Terms and
Conditions" sets out various recitals (collectively the "recitals") and provisions
(collectively the "terms").
B.City holds an interest in a parcel of land (the "parcel")comprising
street rights -of -way ("ROW") for .The parcel is
located approximately feet of the center of the intersection of
and
C. This Agreement allows Provider to use certain limited portions of the
parcel.
D.The portions of the parcel that this Agreement allows Provider to use
(the "Use Areas") are defined in the package of maps and related materials (the
"Boundary Plan") attached hereto as Exhibit A.
E.Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related
electronic equipment that is specified on the Site Plan (the "communications
equipment") subject to the requirements of this Agreement. The communications
equipment is limited to the actual electronic equipment, portable cabinets for such
equipment, the enclosure, the antennas ("antennas") used to communicate with
cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit B. Notwithstanding anything in this Agreement to the
contrary, the communications equipment excludes any item not shown on the Site
Plan.
F. The volume of the enclosure and the above ground portion of its pad as
shown in the Site Plan is cubic feet.
G.Provider proposes to install an approximately foot tall wireless
support structure (the "Pole") owned by Provider (the "Owner").
H.In order to install the communication equipment,Provider desires to
construct supporting improvements and perform all other work shown on the Site
Plan (collectively the "Project").
I. Provider shall complete the entire Project and put the communications
equipment in full operation no later than one hundred eighty (180) calendar days
after the date of the issuance of the encroachment permit (the "completion
deadline"), or otherwise abandons its application request.
J. City desires to grant to Provider a license to install, maintain, operate and
repair the communications equipment (the "Permitted Uses")subject to the
requirements of this Agreement.
K. The recitals are all incorporated herein by reference as if set out in full.
TERMS
NOW, THEREFORE,in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1.License Terms.City hereby grants to Provider a license to use the Use
Areas as follows:
A.Terms Incorporated.The terms are all incorporated herein by
reference as if set out in full. Provider warrants and represents that provider
has read and agrees to the recitals and the terms.Capitalized terms used
but not defined in this Agreement shall have the meanings assigned by the
recitals and the terms.
B.Terms Application.Provider shall comply with all of the terms.
Without limitation, the terms shall apply to the Use Areas as follows:
i.Provider's Boundary Plan Responsibility.It is Provider's
responsibility before signing this Agreement to ensure that
the Boundary Plan is prepared as follows:
a. Provider shall insure that the Boundary Plan clearly
depicts all portions of the parcel that Provider desires to
use and that each such area is clearly shown on the
Boundary Plan and labeled to clearly indicate which of the
categories of exclusive areas or shared areas set out in
2
the standard terms applies to the area.
b. If the Boundary Plan does not clearly show any
portion of the parcel as one of the categories of exclusive
areas or shared areas set out in the terms, then such
portion of the parcel is not part of the Use Areas and
Provider may not use such portion of the parcel, even if
the use is discussed in the terms.
c. Any exclusive area or shared area described or named
in the terms that is not clearly depicted and correctly
labeled on the Boundary Plan is excluded from this
Agreement and unavailable for Provider's use.
d. Any portion of the Boundary Plan or the Site Plan that
indicates a Provider use of the parcel that is not one of the
exclusive areas or shared areas specifically enumerated
in the terms is excluded from this Agreement and not
available for Provider's use.
e.All work,improvements and equipment within an
exclusive area or shared area is limited to the purposes
enumerated in the terms for that particular exclusive
area or shared area.
f. This Agreement does not allow use of any land other
than the specified portions of the parcel that are exclusive
areas or shared areas.
g. Any change to the Boundary Plan after City executes
this Agreement is void unless it is memorialized in a formal
amendment to this Agreement.
ii.Site Plan.It is Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that
Provider intends to perform, that the Site Plan correctly shows all
improvements and equipment that Provider intends be located on
the Use Areas, that the Site Plan shows no work,improvements
or equipment outside the exclusive areas and shared areas properly
depicted and labeled on the Boundary Plan,and that all work,
improvements and equipment is encompassed within the purposes
enumerated in the terms for that particular exclusive area or shared
area.Any work, improvements or equipment not conforming to all the
foregoing is prohibited, even if it is clearly shown on the Site Plan or
discussed in the terms. Any refinement or other change to the Site
Plan after City executes this Agreement is void unless Provider obtains
Provider's approval of the change pursuant to the plans approval
processes set out in the terms and pursuant to all applicable
regulatory requirements.
iii.Term of Agreement.The term of this Agreement is as stated in
Section 1 License Terms.
iv.Provider's Payments.Provider shall pay City the amounts
described in the terms.
v.Use Restrictions.Provider shall comply with the use restrictions
set out in the terms.
vi.Encroachment Permits.This Agreement constitutes an
"Encroachment Permit" under Chapter 13, Volume I of the Apache
Junction City Code to the extent of granting permission for the
communications equipment to exist on the parcel but not to allow any
construction or other work of any description in the ROW or to allow
obstruction of traffic or alteration of City's improvements.Before
performing any work on the ROW, Provider shall obtain the following
additional encroachment permits, as applicable:
•Permission to work in the ROW.
•Traffic Control Plan.
•Any other applicable permits regarding work in the ROW.
vii.Compliance with Law.Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered,
any type of waiver of, or agreement to waive (or show any type of
forbearance, priority or favoritism to Provider with regard to) any law,
ordinance,power,regulation,tax,assessment or other legal
requirement now or hereafter imposed by the City of Apache
Junction or any other governmental body upon or affecting
Provider's use of the parcel. For example, Provider shall comply with
all building and ROW codes, ordinances and policies.
2.City's Initial Information.Unless and until City gives notice otherwise, City's
contract administrator shall be the City Engineer.
3.Provider's Initial Information.Unless and until Provider gives notice
otherwise Provider's network operations center phone number is
().Provider's address for notices shall be: [NAME, STREET
ADDRESS, CITY, STATE, ZIP]. Provider's billing address for routine billing invoices
shall be: [NAME, STREET ADDRESS, CITY, STATE, ZIP].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
4
first set forth above.
PROVIDER:
[COMPANY NAME, INC.], an Arizona
[corporation/limited liability company]
By: [Name]
Its: [Title]
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By:
Its: City Engineer
5
STATE OF
County of
)
) ss.
)
The foregoing was subscribed and sworn to before me this
, 20 , by as
Name], an Arizona [corporation/limited liability company].
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF )
day of
of [Company
Notary Public
The foregoing was subscribed and sworn to before me this day of
, 20 , by , as City Engineer of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
EXHIBIT A
BOUNDARY PLAN
EXHIBIT B
SITE PLAN
EXHIBIT A-3
ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN
THE CITY OF APACHE JUNCTION AND
FOR THIRD PARTY OWNED POLE
THIS ANTENNA SITE RIGHT-OF-WAY LICENSE AGREEMENT (the "Agreement")
is made and entered into this day of, 20_,(the "Execution Date")by and
between the CITY OF APACHE JUNCTION, an Arizona municipal corporation
("City"),and [COMPANY NAME,INC.], an Arizona [corporation/limited liability
company], ("Provider"), sometimes collectively referred to as the "Parties" or
individually as a "Party".
RECITALS
A.The City of Apache Junction "Wireless Facilities Standard Terms and
Conditions" sets out various recitals (collectively the "recitals") and provisions
(collectively the "terms").
B.City holds an interest in a parcel of land (the "parcel")comprising
street rights -of -way ("ROW") for .The parcel is
located approximately feet of the center of the intersection of
and
C. This Agreement allows Provider to use certain limited portions of the
parcel.
D.The portions of the parcel that this Agreement allows Provider to use
(the "Use Areas") are defined in the package of maps and related materials (the
"Boundary Plan") attached hereto as Exhibit A.
E.Provider desires to install and operate on the Use Areas the wireless
telecommunications receiving, processing and transmitting devices and related
electronic equipment that is specified on the Site Plan (the "communications
equipment") subject to the requirements of this Agreement. The communications
equipment is limited to the actual electronic equipment, portable cabinets for such
equipment, the enclosure, the antennas ("antennas") used to communicate with
cell phones and similar devices, all as shown on the drawing (the "Site Plan")
attached hereto as Exhibit B. Notwithstanding anything in this Agreement to the
contrary, the communications equipment excludes any item not shown on the Site
Plan.
F. The volume of the enclosure and the above ground portion of its pad as
shown in the Site Plan is cubic feet.
G.The parcel is currently improved with an approximately foot tall
[electrical/traffic signal/street light/antenna support] pole (the "Pole") owned by
(City/Utility].
H.Provider has entered into a certain (the "Pole Antenna
Agreement") with Pole Owner dated whereby Provider has
obtained permission from Pole Owner to use the existing Pole in the manner
described in this Agreement or Provider proposes to replace the existing Pole with
a new Pole that Pole Owner will own.
I.In order to install the communications equipment, Provider desires to
construct supporting improvements and perform all other work shown on the Site
Plan (collectively the "Project").
J. Provider shall complete the entire Project and put the communications
equipment in full operation no later than one hundred eighty (180) calendar days
after the date of the issuance of the encroachment permit (the "completion
deadline"), or otherwise abandons its application request.
K. City desires to grant to Provider a license to install, maintain, operate and
repair the communications equipment (the "Permitted Uses")subject to the
requirements of this Agreement.
L. The recitals are all incorporated herein by reference as if set out in full.
TERMS
NOW, THEREFORE,in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1.License Terms.City hereby grants to Provider a license to use the Use
Areas as follows:
A.Terms Incorporated.The terms are all incorporated herein by
reference as if set out in full. Provider warrants and represents that provider
has read and agrees to the recitals and the terms.Capitalized terms used
but not defined in this Agreement shall have the meanings assigned by the
recitals and the terms.
B.Terms Application.Provider shall comply with all of the terms.
Without limitation, the terms shall apply to the Use Areas as follows:
i.Provider's Boundary Plan Responsibility.It is Provider's
responsibility before signing this Agreement to ensure that
2
the Boundary Plan is prepared as follows:
a. Provider shall insure that the Boundary Plan clearly
depicts all portions of the parcel that Provider desires to
use and that each such area is clearly shown on the
Boundary Plan and labeled to clearly indicate which of the
categories of exclusive areas or shared areas set out in
the standard terms applies to the area.
b. If the Boundary Plan does not clearly show any
portion of the parcel as one of the categories of exclusive
areas or shared areas set out in the terms, then such
portion of the parcel is not part of the Use Areas and
Provider may not use such portion of the parcel, even if
the use is discussed in the terms.
c. Any exclusive area or shared area described or named
in the terms that is not clearly depicted and correctly
labeled on the Boundary Plan is excluded from this
Agreement and unavailable for Provider's use.
d. Any portion of the Boundary Plan or the Site Plan that
indicates a Provider use of the parcel that is not one of the
exclusive areas or shared areas specifically enumerated
in the terms is excluded from this Agreement and not
available for Provider's use.
e.All work,improvements and equipment within an
exclusive area or shared area is limited to the purposes
enumerated in the terms for that particular exclusive
area or shared area.
f. This Agreement does not allow use of any land other
than the specified portions of the parcel that are exclusive
areas or shared areas.
g. Any change to the Boundary Plan after City executes
this Agreement is void unless it is memorialized in a formal
amendment to this Agreement.
ii.Site Plan.It is Provider's responsibility before signing this
Agreement to ensure that the Site Plan correctly shows the work that
Provider intends to perform, that the Site Plan correctly shows all
improvements and equipment that Provider intends be located on
the Use Areas,that the Site Plan shows no work,improvements
or equipment outside the exclusive areas and shared areas properly
depicted and labeled on the Boundary Plan,and that all work,
improvements and equipment is encompassed within the purposes
enumerated in the terms for that particular exclusive area or shared
area.Any work, improvements or equipment not conforming to all the
foregoing is prohibited, even if it is clearly shown on the Site Plan or
discussed in the terms. Any refinement or other change to the Site
Plan after City executes this Agreement is void unless Provider obtains
Provider's approval of the change pursuant to the plans approval
processes set out in the terms and pursuant to all applicable
regulatory requirements.
iii.Term of Agreement.The term of this Agreement is as stated in
Section 1 License Terms.
iv.Provider's Payments.Provider shall pay City the amounts
described in the terms.
v.Use Restrictions.Provider shall comply with the use restrictions
set out in the terms.
vi.Encroachment Permits.This Agreement constitutes an
"Encroachment Permit" under Chapter 13, Volume I of the Apache
Junction City Code to the extent of granting permission for the
communications equipment to exist on the parcel but not to allow any
construction or other work of any description in the ROW or to allow
obstruction of traffic or alteration of City's improvements.Before
performing any work on the ROW, Provider shall obtain the following
additional encroachment permits, as applicable:
•Permission to work in the ROW.
•Traffic Control Plan.
•Any other applicable permits regarding work in the ROW.
vii.Compliance with Law.Provider acknowledges that this
Agreement does not constitute, and City has not promised or offered,
any type of waiver of, or agreement to waive (or show any type of
forbearance, priority or favoritism to Provider with regard to) any law,
ordinance,power,regulation,tax,assessment or other legal
requirement now or hereafter imposed by the City of Apache
Junction or any other governmental body upon or affecting
Provider's use of the parcel. For example, Provider shall comply with
all building and ROW codes, ordinances and policies.
2.City's Initial Information.Unless and until City gives notice otherwise, City's
contract administrator shall be the City Engineer.
4
3.Provider's Initial Information.Unless and until Provider gives notice
otherwise Provider's network operations center phone number is
().Provider's address for notices shall be: [NAME, STREET
ADDRESS, CITY, STATE, ZIP]. Provider's billing address for routine billing invoices
shall be: [NAME, STREET ADDRESS, CITY, STATE, ZIP].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first set forth above.
PROVIDER:
[COMPANY NAME, INC.], an Arizona
[corporation/limited liability company]
By: [Name]
Its: [Title]
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By:
Its: City Engineer
5
STATE OF
County of
)
) ss.
)
The foregoing was subscribed and sworn to before me this
, 20 , by as
Name], an Arizona [corporation/limited liability company].
My Commission Expires:
STATE OF ARIZONA
COUNTY OF
)
) ss.
)
day of
_ of [Company
Notary Public
The foregoing was subscribed and sworn to before me this day of
, 20 , by , as City Engineer of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
My Commission Expires:
6
Notary Public
EXHIBIT A
BOUNDARY PLAN
EXHIBIT B
SITE PLAN
EXHIBIT B
STANDARDS FOR LETTERS OF CREDIT
In addition to any other requirements imposed upon a letter of credit (the "Letter of Credit")
issued pursuant to these Standard Terms,each Letter of Credit shall meet and be
governed by the following additional standards and requirements:
A.Letter of Credit Requirements.The Letter of Credit shall be printed on Bank
Safety Paper. The following terms and no others shall be stated on the face of the Letter
of Credit:
I. The Letter of Credit is clean, unconditional, and irrevocable.
ii. The Letter of Credit is payable to City upon presentation of the City's draft.
iii. City may make partial draws upon the Letter of Credit.
iv. The Letter of Credit is conditioned for payment solely upon presentation of
a sight draft and a copy of the Letter of Credit.
v. Within ten (10) calendar days after City's draft on the Letter of Credit is honored,
City must make the original of the Letter of Credit available to the issuer.
vi. The issuer specifies a telefax number, email address, and street address at
which City may present drafts on the Letter of Credit.
vii. The Letter of Credit is valid until a specified date.
viii. The Letter of Credit will be automatically renewed for successive one (1)
year periods, unless at least one hundred twenty (120) calendar days prior to
expiration the issuer notifies City in writing, by either registered or certified mail,
that issuer elects not to renew the Letter of Credit for the additional period. In the
event of such notification, any then unused portion of the Letter of Credit shall be
available by draft on or before the then current expiration date.
ix. The Letter of Credit is otherwise subject to the most recent edition of the Uniform
Customs and Practices for Documentary Credits, published by the International
Chamber of Commerce.
x. The Letter of Credit need not be transferable.
B.Approved Forms.The form of the Letter of Credit and of drafts upon the Letter
of Credit shall be as follows:
i. Except as approved in writing by City's Engineer or designee,the form of the
Letter of Credit shall be in the form set out below.
ii. Except as approved in writing by City's Engineer or designee, the form of drafts
upon the Letter of Credit shall be in the form set out below.
C.Issuer Requirements.The issuer of the Letter of Credit shall meet all of the
following requirements:
i. The issuer shall be a federally insured financial institution with offices in one of its
branches within the City of Apache Junction city limits, at which drafts upon the
Letter of Credit may be presented.
ii. The issuer shall be a member of the New York Clearing House Association or a
commercial bank or trust company satisfactory to City.
iii. The issuer shall have a net worth of not less than $1 billion.
LETTER OF CREDIT
Date
Letter of Credit No.
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
Dear Sir or Madam:
We hereby establish our clean, unconditional and irrevocable Letter of Credit in your favor
at the request and for the account of in the aggregate amount of
),available upon presentation of
your draft in the form attached hereto as Schedule 1.
We will honor each draft presented to us in compliance with the terms of this Letter of
Credit.Partial draws are permitted. Each draft must be accompanied by a copy of this
Letter of Credit. Within ten calendar (10) days after we honor your draft, you must make
the original of this Letter of Credit available to us upon which we may endorse our payment.
Drafts may be presented by any of the following means:
1. By telefax to (
2. By email to
3. By hand or overnight courier service delivery to: [This address must be in Pinal
County, Arizona.]
4. By hand or overnight courier service delivery to: [This address need not be in Pinal
County, Arizona]
This Letter of Credit is valid until , 20 and shall thereafter be
automatically renewed for successive one (1) year periods, unless at least one hundred
twenty calendar (120) days prior to expiration we notify you in writing, by either registered
or certified mail, that we elect not to renew the Letter of Credit for such additional period.
In the event of such notification,any then unused portion of the Letter of Credit shall be
available upon your presenting to us your draft on or before the then current expiration
date.
This Letter of Credit is subject to the UCP600. This Letter of Credit is not assignable.
Bank Name
Bank Officer's Signature Bank Officer's Name (printed)
Bank Officer's Title Bank Telephone Number
LETTER OF CREDIT ENCROACHMENT DEMAND
From:
300 East Superstition Blvd.
Apache Junction, AZ 85119
Date:
Ladies and Gentlemen:
Pursuant to your Credit No., the City of Apache Junction hereby
demands cash payment in the amount of
($) .
Please make your payment to the City of Apache Junction in the form of a wire
deposit to:
If such deposit cannot be accomplished immediately for any reason, please make
your payment in the form of a cashier's check issued by your institution and
delivered to me at the address listed above.
I certify that I am the for the City of Apache Junction.
If there is any imperfection or defect in this draft or its presentation, please inform
me immediately at (480)so that I can correct it. Also, please notify
the City Attorney at (480) 474-5105.
Thank you,
City of Apache Junction
EXHIBIT C
ASSUMPTION OF ANTENNA SITE RIGHTS -OF -WAY LICENSE
AGREEMENT
Regarding
This assumption is made pursuant to paragraph 16 (E) of that certain Antenna Site
Rights -of -Way License Agreement ("Agreement") between City of Apache Junction, an
Arizona municipal corporation ("City") and
("Provider") dated
, ("Assignee"), having
acquired the rights of the Provider under the Agreement,hereby assumes the
Agreement, agrees to be bound thereby, and obligates itself to perform the terms and
conditions of the Agreement, all in favor of City. The person signing this document on
behalf of Assignee warrants to City his authority to do so.
Dated:
ASSIGNEE:
STATE OF
County of
) ss.
a
By:
Its:
The foregoing was subscribed and sworn to before me this day of
, 20 , by as of [Company
Name], an Arizona [corporation/limited liability company].
Notary Public
My Commission Expires: