HomeMy WebLinkAboutContracts & Agreements_129-2019SHOT CLOCK PERIOD EXTENSION AGREEMENT
This Shot Clock Period Extension Agreement ("Agreement"), dated July 2, 2019 between
Crown Castle Fiber LLC ("Crown Castle") and the City of Redlands (the City") (together the
"Parties")
Recitals
A Crown Castle is a provider of telecommunications services which does business in
California
B City of Redlands is a political subdivision in the State of California
C On April 15, and 24 2019, respectively, Crown Castle filed two applications for the
construction of Small Wireless Service Facilities in the City's rights-of-way (the
"Applications), known by the identifiers
ESC 19-00003 and ESC 19-00006
D Pursuant to 47 CFR §1 6001, et seq, applications for the placement, construction and
modification of Personal Wireless Service Facilities must be acted upon within an
applicable Shot Clock Period
E The applicable Shot Clock Period for the Applications is 60 days
F Consequently, the Shot Clock Period for the Applications expired on June 14, and 25,
respectively
G The City's failure to issue all authorizations necessary for the commencement of
construction of the facilities proposed by the Applications within the applicable Shot Clock
periods creates a matter of dispute between the Parties as Crown Castle has certain rights
to assert that by failing to issue all necessary permits within the Shot Clock periods the
City has failed to act within reasonable period of time and thus the City has also effectively
prohibited Crown Castle services from being deployed (the "Potential Claim")
H The Parties desire the opportunity foi additional time to evaluate options for addressing the
Application and the Potential Claim
Crown Castle and the City are cntei ing into this Agreement to extend the Shot Clock Period
until the date set forth herein
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Agreement
In consideration of the mutual covenants contained herein, the Parties agree as follows
The applicable Shot Clock period goy ernin(.4 the above -referenced Applications is extended
to August 02, 2019. at which time the Shot Clock period for the Applications will expire This
pci rod .may be extended further by the written agrecincnt of the Parties
The Parties acknowledge that expiration of the Shot Clock period as extended herein, may
gide rise to certain rights and claims pursuant to federal lave and regulation However, this
Agreement does not constitute in any way, an admission of the accuracy or validity or any such.
claims or defenses of any of the Parties
This Agreement shall not be used in any proceeding, except to establish Of the matter is
contested) the extension of the applicable Shot C lock period or the effect of such extension on any
attendant periods of limitation associated with the applicable Shot Clock period
This Agreement is applicable solely to the Applications identified above and is of no effect
on any other application not specifically identified herein
This Agreement may be signed in counterparts. each of which shall be considered original.,
and both of which together shall be considered a single document
This Agreement Shall be governed in all respects, including validity, interpretation and
effect, in accordance with the laws of the State of California and applicable federal law
The Parties acknowledge that, with respect to the extension of the Shot Clock and any
attendant periods of limitation, this Agreement contains the entire agreernent between the Parties
This Agreement shall apply to and be binding upon the Panes, and as applicable, their
employees, Insurers, heirs, representatives, subsidiaries, parents, agents, affiliates. predecessors.
successors, and assigns
IN WITNESS WHEREOF the parties involved have executed this Agreement as of die
date provided above
CROWN CASTLE FIBER Ll C CITY OF REDT ANDS
Tim Brown' ovemment Affairs Manager Paul W Foster_ Mayor
Attest
e Do:ndldson, City- Clerk
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