HomeMy WebLinkAboutContracts & Agreements_154-2019 SHOT CLOCK PERIOD EX TENSION AGREEMENT
This Shot Clock Period 17 tension Agreement ("Agreement") dated August 6 2019
hettk•een Crown Castle Fiber LI C ("C rown Castle')and the City of Redlands (the C its'-)(together
the "Parties")
Recitals
{
A
Crown Castle is a provider of telecommunications services does business in
California
B City of Redlands is a political subdit ision 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
L the applicable Shot Clock Period for the Applications is 60 days
F On July 2 2019 the Shot Clock period for the Application was extended to August 2 2019
w
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 for additional time to evaluate options for addressing the
Application and the Potential Claim
1 Crown Castle and the City are entering into this Agreement to extend the Shot Clock Period
until the date set forth herein
1
Agreement
In consideration of the mutual covenants contained herein the Parties agree as follow
The applicable Shot Clock period goveining the above-referenced Applications is extended
to September 5, 2019, at which time the Shot Clock period for the Applications will expire This
period may he extended further by the written agreement of the Parties
The Parties acknowledge that expiration of the Shot Clock period, as extended herein, may
give rise to certain rights and claims pursuant to federal law and regulation However this
•
Agreement does not constitute_ in any way an admission of the accuracy or validity of any such
claims or defenses of any of the Parties
lhis Agreement shall not be used in any proceeding, except to establish (if the mattei is
contested)the extension of the applicable Shot Clock period or the effect of such extension on any
attendant periods of limitation associated with the applicable Shot Clock period
I-his 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 \kith the lads 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 agreement between the Parties
This Agreement shalt apply to and be binding upon the Parties, and as applicable, their
employees. insurers, heirs, representatives, subsidiaries, parents, agents, affiliates, predecessors.
successors and assigns
IN WITNESS WHEREOF, the parties involved hake executed this Agreement as of the
date provided above
CROWN CASTLE FIBER LLC CITY OF REDLANDS
(7?ee-t-e-114
Tim Brown, overnment Affairs Managei Paul W Foster, Mayor
ATTEST
/a4AtfloPL-1
e Donaldson, City Clerk