HomeMy WebLinkAboutReso 19-04 ShanonCtrSprintImpro RESOLUTION NO. 19 - 04
A RESOLUTION OF THE CiTY COUNCIL
OF THF, CITY OF DUBLLN
ACCEPTING IMPROVEMENTS BY SPRINT PCS AT SHANNON COMMUNITY CENTER,
AND APPROVING THE AMENDMENT TO THE PCS SITE AGREEMENT FOR THE
TELECOMMUNICATION FACILITY AT THE SHANNON COMMUNITY CENTER
(SPRINT SPECTRUM, L. P., A DELAWARE LIMITED PARTNERSHIP)
WHEREAS, the City of Dublin is the legal owner of the Shannon Community Center located at
11600 Shannon Avenue (APN 941-0102-001) in the incorporated territory of the City of Dublin, State of
California; and
WHEREAS, Sprint Spectrum, L. P., and the City of Dublin entered into a PCS Site Agreement on
November 6, 2001, that governs Sprint's lease of a portion of the Shannon Community Center property;
and
WHEREAS, Sprint Spectrum, L. P., was granted an entitlement to construct a telecommunication
facility at the Shannon Community Center in accordance with Conditions of Approval for a Conditional
Use Permit and Site Development Review, City Council Resolution 174-01 (P.A. 01-018); and
WHEREAS, Sprint Spectrum, L. P., entered into an Improvement Agreement with the City to
construct the telecommunications facility and provide improvements at the Shannon Community Center in
accordance with plans and specifications on file with the Public Works Director, said improvements
identified as follows:
Sprint Spectrum, L. P., A Delaware
a) Developer:
Limited Partnership
b) Location: 11600 Shannon Avenue
c) Resolution Approving Agreement: No. 201-02, City of Dublin City Council
e) City Streets Affected: None
WHEREAS, the improvements assoclat~d.w~.~th~..C~ty Shannon Community Center are
complete in accordance with said plans and specifications and any approved modifications thereto to the
satisfaction of the Public Works Director of the City of Dublin; and
WHEREAS, the original Performance Bond and Labor and Materials Bond can be released, in
accordance with authority contained in §66499.7 of the Government C0~e 0f~he State of California; and
WHEREAS, Sprint Spectrum, L.P., proposes a First Amendment to PCS Site Agreement to
supplement the original agreement's Exhibit "B" with Exhibit "1" to the amendment which controls the
size and location of Sprint's leased parcel area, telephone easement area, and utility easement area to
reflect the actual area occupied by the telecommunications facility and appurtenances; and
WHEREAS, the Public Works Director has reviewed the First Amendment to PCS Site Agreement
and determined that it is in the best interest of the City to approve the amendment request; and
WHEREAS, this amendment (Exhibit "A" of the Resolution) hereby incorporates by reference
all terms and conditions set forth in the original Agreement, and all terms and conditions which are not
specifically modified by the amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed within said Shannon Community Center are hereby approved
and accepted subject to a one-year guarantee period; and
2. The original Faithful Performance Bond issued by Travelers Casualty and Surety Company
of America (Bond No. 103869473) in the amount of $39,370.25 be released; and
3. The original Labor and Materials Bond issued by Travelers Casualty and Surety Company
of America (Bond No. 103869473) in the amount of $39,370.25 be released; and
4. The submitted Maintenance Bond issued by Travelers Casualty and Surety Company of
America in the amount of $9,843.00 (Bond No. 104233533) be accepted as security for the
aforesaid one-year warranty period, said period to commence on this date and terminate on
the 3rd day of February, 2005.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin, by adopting this
resolution, hereby approves the First Amendment to PCS Site Agreement, attached hereto as Exhibit A,
between the City of Dublin and Sprint Spectrum, L P., for Sprint's lease of a portion of the Shannon
Community Center property.
BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to
execute the First Amendment to PCS Site Agreement, and directs the City Clerk to forward the executed
amendment, along with a certified copy of this Resolution to Sprint Spectrum, L P., for recording.
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2004
AYES: Coucnilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~/' Mayor
G:\CC_MTOS~2004_qh-l~Feb\02_03-04x~eao-Sprint at Shannon Ctr.doc (Item 4.4)
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