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HomeMy WebLinkAbout2016-096 Franchise Agrmt - Spring Communications 2016 FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the City of Ashland, an Oregon municipal corporation ("City'') and Sprint Communications Company L.P., a Delaware limited partnership ("Grantee"). RECITALS 1. Pursuant to Federal law, State statutes, and City Charter and local ordinances, the City is authorized to grant non-exclusive franchises to occupy public right-of-way, as defined by Ashland Municipal Code ("AMC") 16.04.040, in order to construct, operate, and maintain a telecommunication system within the municipal boundaries of the city of Ashland ("Franchise Area"); 2. Grantee has requested a franchise to place and operate a telecommunications system, as defined in AMC 16.04.040, within the City's public rights-of-way; and 3. The City has found that Grantee meets all lawful requirements to obtain a franchise, and therefore approves the application. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Section 1: Grant of Franchise. The City hereby grants to Grantee a nonexclusive franchise to use the public rights-of-way with the City to construct, operate and maintain a telecommunication system as a limited use telecommunications Grantee as defined in AMC 16.24.070D. Section 2: Term. The term of this franchise shall be five (5) years from the effective date set in Section 8, unless terminated sooner as provided in this agreement or as provided in Title 16 of the Ashland Municipal Code. (See 16.20.070) a) The City reserves the right to revise its franchise ordinance(s) at any time to address evolving communications technologies, trends in telecommunications and utility industries, and improved methods of managing public rights-of-way. He City may amend this Agreement upon adoption of revisions to the City's franchise ordinances pursuant to established public notice and comment or other due process, if any, as required under the City's charter, ordinances, and under State law. Section 3: Franchise Area. The Grantee is authorized by this franchise to use public rights-of- way throughout the City, as the City limits may exist now or in the future, for the provision of telecommunications services. Section 4: Performance. (a) During the term of this Agreement, the Grantee agrees to comply with all lawful terms and conditions of the AMC Title 16, the provisions of which are incorporated herein as though fully set forth. (b) To the extent any lawful City rule, ordinance or regulation, including any amendment to the provisions of the 1 Sprint Franchise 2016 AM C Title 16, is adopted on a jurisdiction-wide basis and is generally imposed on similarly situated persons or entities, the rule, ordinance or regulation shall apply without need for amendment of this Agreement. The City shall provide Grantee notice of any such change in law. Section 5: Franchise Fee. (a) As consideration for the use of the City's public rights-of-way, Grantee shall remit to the City the maximum applicable franchise fee established in AMC 16.24.070 and set by Council resolution. Grantee agrees to pay all amounts by the dates required in AMC 16.24.070 and will be subject to interest and penalties established in the AMC. (b) Grantee acknowledges and agrees that the applicable franchise fee due hereunder may vary based on its telecommunications facilities and/or the telecommunications services provided in the City. With each franchise fee payment Grantee shall submit detailed documentation showing its calculation of the franchise fee paid. (c) The City shall have the right to conduct or cause to be conducted, a special examination of Grantee's payment of franchise fees as related to its operating in the City of Ashland as a limited use telecommunication Grantee as defined in AMC 16.24.070. The Grantee agrees to provide access to current and accurate books, maps, and other records that are deemed directly relevant to calculation of franchise fee payments by the City's officers and/or agents. Grantee shall provide reasonable access during normal business hours, upon no less than fourteen (14) days prior written notice by the City. Any difference of payment and required interest due either the City or Grantee following a special examination shall be payable within thirty (30) days after written notice to the affected party. (d) Payment of the franchise fee shall not exempt Grantee from the payment of any license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the City of any other taxing authority, except as may otherwise be provided in the ordinance or laws imposing such other license fee, permit fee, tax or charge. Section 6: Franchise Nonexclusive. The franchise hereby granted is not exclusive, and shall not be construed as any limitation on the right of the City to grant rights, privileges and authority to other persons, corporations or to itself to make lawful use of the City's public rights-of-way. Section 7: Notices. Unless specifically provided otherwise in AMC Title 16, all notices shall be mailed, postage prepaid, to the following addresses or to such other addresses as Grantee or the City may designate in writing: If to Grantee: Sprint Communications Company L.P. Attn: Manager, Real Estate Mailstop: KSOPHT0101-Z2040 6391 Sprint Parkway Overland Park, KS 66251 With a mandatory copy to: Sprint/Nextel Law Department 2 Sprint Franchise 2016 !in, Attn: Real Estate Attorney Mailstop: KSOPHTO 101-Z2020 Overland Park, KS 66251 If to City: City of Ashland Attn: City Attorney 20 East Main Street Ashland, OR 97520 Section 8: Effective Date. This Agreement shall take effect on October 1, 2016 and expire on September 30, 2021. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument. CITY OF ASHLAND GRANTEE By: By: Title: Title: A o~ ro l C-S/N - Date: Date: q111 IAOIC 3 Sprint Franchise 2016 !1VAL&A r U Q o a m 3 aW Y rn O u 00 C LO N q>.;. N W O LLl l9 c 0 W .N W ~ Z U)z cn Z 9 SLR` • ~ °f u` ~:k{ is t L ~S r LL Ln S3 "JLd Q 72 cu c P; i~ tY k -w4 ? L53Et~ is3 i ar O a Vf Yy ° \Y Y. C Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4,1/2017 3/21 /2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Lockton Companies NAME: 444 W. 47th Street, Suite 900 vc, N1 IF o, EXt : ac, No Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRE S: INSURERS AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty Company 20443 INSURED SPRINT COMMUNICATIONS CO., LP INSURER B : American Casualty Company of Reading, PA 20427 14966 6480 SPRINT PKWY INSURER C Transportation Insurance Company 20494 OVERLAND PARK KS 66251 INSURER D INSURER E INSURER F COVERAGES SPR0003 CERTIFICATE NUMBER: 2699825 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y N GL5082521363 4/1 2014 4/ 1/2017 EACH OCCURRENCE 2,000,000 CLAIMS-MADE Fx -1 OCCUR DAMAGE TO RENTED 250,000 PREMISES Ea occurrence) s X CONTRACTUAL LIAR. MED EXP An one person) XXXXXXX X *TENANTS LEGAL LIAR PERSONAL & ADV INJURY $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY O PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 3,000,000 JECT OTHER $ A AUTOMOBILE LIABILITY N N BUA5082521329 4/12014 4/1/2017 (E aB~dentSINGLELIMIT $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ XXXXXXX AUTOWNED gUTODULED BODILY INJURY (Per accident S XXXXXXX H I NON-OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS Per accident Gara ekee ers $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE S XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION $ $ C WORKERS COMPENSATION WC5082521282(RETRO) 4/1/2016 4/1/2017 X STATUTE OTH- AND EMPLOYERS' LIABILITY Y / N WC5082521296 DEDUCTIBLE 4/ 1 12016 4/ 1 /2017 B ( E.'EACH ACCIDENT $ 1,000,000 ANY ETOwPARTNERExECUTIVE a N/A WC5082521279(CA) 4/1/2016 4/1/2017 B OFF CERVE I~M BER EXCLUDED? C (Mandatory in NH) SG1,5082521315 (STOP GAP) 4/1 /2016 4/ 1/2017 E L DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *FIRE DAMAGE IS INCLUDED fN BROADER TENANT'S LEGAL LIABILITY FORM WITH LIMITS OF $1,000,000 PER OCCURRENCE. THE CITY OF ASHLAND, ITS ELECTED AND APPOINTED OFFICERS, OFFICIALS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSURED AS REQUIRED BY CONTRACT AND SUBJECT TO POLICY TERMS AND CONDITIONS. RE: INSTALLATION, OPERATION & MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2699825 AUTHORIZED REPRESENTATIVE CITY OF ASHLAND, OREGON ATTN: CITY ADMINISTRATOR CITY HALL, 20 EAST MAIN STREET ASHLAND OR 97520 i ACORD 25 (2014101) ©19 8-2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL WRITTEN NOTICE IN ACCORDANCE WITH THE POLICY PROVISIONS TO THE CERTIFICATE HOLDER NAMED WITHIN THE STATED TIME FRAMES OF 30 DAYS, EXCEPT FOR REASON OF NON-PAYMENT OF PREMIUM AT 10 DAYS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miscellaneous Attachment : M463964 Master ID: 14966, Certificate ID: 2699825