Agreement for Use of Public Property
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SRP Cooper Substation Site
Page 1 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
WIRELESS AGREEMENT BETWEEN NEW CINGULAR WIRELESS PCS, LLC AND THE
CITY OF CHANDLER FOR THE SRP COOPER SUBSTATION SITE
City of Chandler Document No.
City Council Meeting Date:
THIS WIRELESS AGREEMENT ("Agreement") is entered into this 14 day of December, 2024 (the “Effective
Date”), by and between the City of Chandler, an Arizona municipal corporation (“City”), and New Cingular
Wireless PCS, LLC, a Delaware limited liability company (“Company”). City and Company may be referred to
individually as “Party” and collectively as “Parties”.
BACKGROUND
City and Company entered into that certain Wireless Telecommunications Encroachment Permit and Use
Agreement dated November 22, 2005, as amended by that certain Amendment No. One dated August 18, 2009,
for Company to install and operate communication facilities at the SRP Cooper Substation Site located at Cooper
Rd. and Queen Creek Rd., Chandler, AZ 85349 (collectively, the “Prior Agreement”). This Agreement replaces
and supersedes the Prior Agreement as of the Effective Date of this Agreement.
RECITALS
A.
Company provides wireless communication services through the use of Wireless Facilities (hereinafter
defined); and
B.
City is authorized to grant use agreements for operation and maintenance of Wireless Facilities within the
City boundaries under the Charter and Chandler City Code, and by virtue of federal and state statutes, by the
City’s police powers, by its authority over its public rights-of-way and highways as defined in Chapter 46 of the
Chandler City Code, and by other City powers and authority; and
C.
Company has applied to the City for permission to operate and maintain the Wireless Facilities within the
City of Chandler and located within City Right-of-Way as described on the attached Exhibit “A” at a site known as
the “SRP Cooper Substation site” (the "Site") and attached to a SRP transmission pole located in the Right of
Way adjacent to the Cooper Substation at Cooper Road and Queen Creek Road, as depicted in Exhibit “B”; and
D.
Company has agreed to provide information required by and comply with the terms and conditions set
forth in this Agreement and other requirements as City may establish from time to time.
AGREEMENT
NOW, THEREFORE, City hereby grants to Company this Wireless Agreement to operate and maintain Wireless
Facilities at the Site and within City Right-of-Way under the following terms and conditions.
SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words, terms, phrases, and their derivations are given the
meaning stated in this Agreement. When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory and not merely directory.
“ACC” means the Arizona Corporation Commission.
“Agreement” means this non-exclusive revocable authorization granted by the City to Company to operate and
maintain Wireless Facilities on the Site.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
“Agreement Activities” is ascribed the meaning in section 2.1.5.
“Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals and
that is used in providing wireless services.
“A.R.S.” means Arizona Revised Statutes, as amended.
“Base Use Fee” means the amount Company must pay City each month of this Agreement for use of City Right-of-way.
“C.C.C.” means Chandler City Code, as amended.
“C.F.R.” means Code of Federal Regulations, as amended.
“City” means the City of Chandler, an Arizona municipal corporation.
“City Council” means the Council of the City of Chandler.
“City Manager” means the Chandler City Manager or the City Manager’s designee.
“Collocate”, “collocating”, or “collocation” refer to the use of Company’s Facilities by another company.
“Communications Equipment” means any and all electronic equipment at the Wireless Facility location that processes
and transports information from the antennas to the Company’s network.
“Company” means New Cingular Wireless PCS, LLC, a Delaware limited liability company, and related
affiliates, subsidiaries, persons, or entities to which this Agreement is granted.
“Company’s Improvements” means all improvements installed by the Company, 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 Company in the approved Agreement.
“Competing Users” means entities that own the water pipes, cables and wires, pavement, and other facilities that may
be located within the Right-of-way. 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 Area.
"Critical Infrastructure Information" has the same meaning prescribed in A.R.S. § 41-1801, as amended.
"Day" means a calendar day, except a Saturday, Sunday, or a holiday prescribed in A.R.S. § 1-301.
“Encroachment Permit” means a permit issued pursuant to Chapter 46 of the Chandler City Code that allows the
Company to perform work in the Right-of-Way and to install and operate improvements in the Right-of-Way.
“Environmental Laws” means all federal, state, and local laws, ordinances, rules, regulations, statutes, and judicial
decisions, as amended from time to time, which in any way relate to or regulate human health, safety, industrial
hygiene, environmental conditions, protection of the environment, prevention or cleanup of pollution, or
contamination of the air, soil, surface water, or ground water.
“Facility” or “Facilities” means Company’s plant, equipment, and property, including but not limited to boxes,
poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances, in order to provide the services
described in this Agreement.
“FCC” means the Federal Communications Commission.
“FCC OET Bulletin 65” means the FCC’s Office of Engineering & Technology Bulletin 65 that includes the FCC Radio
Frequency Exposure Guidelines.
“FCC Rules” means all applicable radio frequency emissions laws and regulations.
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SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
“Fiscal Year” means a 12-month period that begins on July 1 and ends the following June 30.
“Franchise” has the same meaning prescribed in the Arizona Constitution, article 13, §§ 4 and 6.
“Hazardous Substances” means those substances defined as toxic or hazardous substances, pollutants, or
wastes by Environmental Law or the following substances: gasoline, kerosene, or other petroleum products, toxic
pesticides or herbicides, volatile solvents, materials containing asbestos or formaldehyde, or radioactive
materials.
“In-lieu Company” means a single, third-party company, using the Site or Company’s Facility, or part thereof, to
provide services in lieu of such services being provided by Company.
“Ordinary Permit Use Fee” means the City’s encroachment permit application, review, and other fees related to the
issuance of the permit.
“Other Facilities” means facilities owned and operated by parties other than City or Company, which facilities
occupy Public Property under authority of a City encroachment permit, Agreement, or franchise.
“Pre-existing Environmental Condition” means the presence, emission, disposal, discharge, or release of any
Hazardous Substance at, in, on, under or about the Wireless Facilities and Site, however caused, existing on the
Effective Date, whether the nature and extent of the contamination is known or unknown.
“Proprietary Information” means any document or material clearly identified by Company as confidential and includes,
but is not limited to, any customer lists, financial information, technical information, or other information plainly identified
as confidential by Company and pertains to Company’s services provided to its customers.
"Public Property" means the surface of and the space above and below of real property, which is owned, operated
and maintained by the city. Public Property does not include Right-of-Way.
“RF” means radio frequency.
“RF Letter” means a letter attesting to the Company’s compliance with FCC RF exposure guidelines from the
Company’s senior internal engineer.
“Right-of-Way” means the area on, below or above a public roadway, highway, street, sidewalk, alley, or utility
easement. Right-of-Way 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 Company.
"Section" means any section, subsection, or provision of this Agreement.
“Site” means the Use Area for the Wireless Equipment and the pole to which the antenna and other wireless
facilities are attached.
“Site Documents” means the depiction of the Agreement area, schematic plans and map showing location of the
installation of the Facility in the Right-of-Way, 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.
“Supplemental Parcel Agreement” means an agreement authorizing the Company to use property outside of the Public
Property or Right-of-Way.
“SRP” means Salt River Project and its subsidiaries and affiliates.
"Telecommunications” has the same meaning prescribed in A.R.S. § 9-1401, as amended.
"Telecommunications Company” has the same meaning prescribed in A.R.S. § 9-1401, as amended.
"Telecommunications Service" has the same meaning prescribed in A.R.S. § 9-1401, as amended.
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SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
“Third Party Areas” means the portions of the Public Property subject to Third Party Limitations.
“Third Party Limitations” means some or part of the Public Property that may contain limited dedications or regulatory
use restrictions imposed by a third party.
“U.S.C.” means United States Code, as amended.
“Use Area” means the real property used by Company where the Wireless Facilities are located.
“Violation Use Fee” means the types of fees that the City has available to remedy certain breaches of the Agreement
by Company.
“Wireless Facility” means 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;
and (ii) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power
supplies and comparable
equipment, regardless of technological configuration. Wireless Facility includes Small
Wireless Facilities, but 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. In addition, Wireless Facility does not
include Wi-Fi radio equipment described in Section 9-506,
Subsection I or microcell equipment described in Section 9- 584, Subsection E.
“Wireless Facilities Site Permit”, also referred to herein as “Site Permit”, means the permit authorizing the installation
of Wireless Facilities at a specific site in the City’s Right-of-Way.
“Wireless Infrastructure Company” as defined in A.R.S. §9-591(23) means 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 company. Wireless Infrastructure Company
does not include a special taxing district.
“Wireless Services” as defined in A.R.S. §9-591(25) means 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 Company” as defined in A.R.S. §9-591(26) means a person that provides wireless services.
Wireless Services Company does not include a special taxing district.
“Wireless Support Structure” as defined in A.R.S. §9-591(27) means: (i) a freestanding structure, such as a monopole;
(ii) a tower, either guyed or self-supporting; (iii) a sign or billboard; or (iv) any other existing or proposed structure
designed to support or capable of supporting small wireless facilities. Wireless Support Structure does not include a
utility pole.
“Zoning Code” means Chapter 35 of City Code.
SECTION 2. PERMISSION GRANTED
2.1
Grant.
2.1.1
Subject to the provisions of this Agreement, and to the City Code, City grants Company the
nonexclusive revocable permission to operate and maintain its Wireless Facilities within the City Right-of-Way. This
Agreement does not grant Company the right and privilege to operate and maintain its Wireless Facilities on Public
Property. Subject to the terms and conditions of this Agreement and any additional applicable permits later issued
for the Site, for use of the SRP Cooper Substation as more fully set forth herein, the uses of any other Public
Property and installation or construction of any other antennae and other equipment locations other than this Site
are subject to approval by the City through additional Encroachment Permit review by City staff. If Company desires
to change the components of any of the Wireless Facilities in a manner that changes its primary purpose, written
approval of such change must be obtained by the City Manager who can refer the matter to the City Council if required by
ordinance, provided that such consent by either may not be unreasonably withheld or delayed. The installation and
construction of a fiber optics or telecommunications network, or cable Wireless Facilities is not authorized by this
agreement.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
2.1.2
Company may not install, maintain, construct, or operate Wireless Facilities in the Right-of-Way or
provide services by means of such Wireless Facilities unless a Company first obtains and maintains in good
standing at all applicable times of the following: (i) A City license for video services as provided by Title 9, Chapter
5, Article 7, Arizona Revised Statutes, or (ii) a City license for telecommunications services as provided by Title 9,
Chapter 5, Article 1.1, Arizona Revised Statutes for facilities located in the Right-of-Way that connect the
Company’s Wireless Facilities to Company’s interstate network. Company must demonstrate compliance with this
section when Company submits to the City an application for a wireless agreement. As of the Effective Date,
Company represents and warrants that Company complies with this condition. Company must notify City as
provided in this Agreement of any changes to Company’s compliance with this condition.
2.1.3
Subject to obtaining the permission of the affected property owner, this Agreement also authorizes
Company to operate and maintain its Wireless Facilities on structures owned by third parties located on Public
Property, such as an electric utility company, provided, however, any installation on private property within or on the
City’s right-of-way, easements or other Public Property must comply with Chapters 46 and 47 and any other
applicable sections of the City Code. Upon request, Company must promptly furnish to the City documentation of
such permission from such other affected property owner. By executing this Agreement, the City does not waive any
rights that it may have against any public utility or other property owner to require prior approval from the City for
such uses of their property or facilities, or that revenues received by any public utility or other property owner from
Company, by virtue of Company’s use of their property or facilities, be included in the computation of franchise or
Agreement fees owed by such parties to the City.
2.1.4
Except for those Facilities specifically permitted on the SRP Cooper Substation Site, no component
or part of Company’s Wireless Facilities may be installed, constructed, located on, or attached to any property within
the City by Company until Company has, for those Facilities to be located on Public Property or other Right-of-Way;
obtained encroachment permits pursuant to Chapter 46 of the City Code. Additionally, Company must comply with
all other provisions of the City Code, including Chapter 35 regarding zoning and other relevant City regulations.
2.1.5
The Site may be used by Company for the transmission and reception of RF communication
signals and for the construction, installation, operation, maintenance and repair of related support Facilities
(such as tower and base, antennas, microwave dishes, equipment shelters and/or cabinets) but only for the
provision of what is commonly known as telecommunication service (whether or not technically referred to as
Personal Communications Service, or some other term) by the use of "personal wireless service facilities" (as
such phrase is defined in §704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat.
56 (1996), partially codified at 47 U.S.C. § 332(c)(7)(C)(2), hereinafter "1996 Act Section 704") and not for any
other purpose. Company must, at its expense, comply with all present and future federal, state, and local
laws, ordinances, rules, and regulations (including but not limited to laws and ordinances relating to health,
safety, radio frequency emissions, and radiation) in connection with the use of (and operations,
maintenance, construction and/or installations at) the Site.
2.1.6
Any privilege claimed under this Agreement and Encroachment Permit by Company in any public
street or other Public Property must be subordinate to any prior or subsequent lawful occupancy or use thereof by
the City or any other governmental entity, and must be subordinate to any prior lawful occupancy or use thereof by
any other person, and must be subordinate to any prior easements therein, provided, however, that nothing herein
may extinguish or otherwise interfere with property rights established independently of this Agreement.
2.2
Description of the Wireless Facilities.
Company’s Wireless Facilities consists of improvements,
personal property and Facilities necessary to operate its communications Wireless Facilities, including, without
limitation, equipment that may be mounted on City owned poles or poles privately owned by other parties that may
be on Public Property, and may include equipment buildings with perimeter screen walls in accordance with the
provisions of Chapter 35 of the Chandler City Code, and related cables and utility lines (collectively the “Wireless
Facilities”) as described in Exhibit A.
SECTION 3. SCOPE
3.1
Agreement. Company agrees to comply with the provisions of Chapter 46 of the City Code.
3.2
Specific Authorization. This Agreement solely authorizes Company to operate and maintain Wireless
Facilities to provide Wireless Services in accordance with the terms of this Agreement.
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SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
3.3
Compliance with Laws.
3.3.1
Company must comply with all applicable laws, including, but not limited to, the City Code, in the
exercise and performance of its rights and obligations under this Agreement. There is hereby reserved to the City
the power to amend any section of the City Code so as to require additional or greater standards of construction,
operation, and maintenance or otherwise pursuant to City’s lawful police powers or as provided in this Agreement.
3.3.2
If it is necessary for Company to comply with any law or regulation of the FCC or the ACC to
engage in the business activities anticipated by this Agreement, Company must comply with such laws or
regulations as a condition precedent to exercising any rights granted by this Agreement. Provided, however, no
such law or regulation of the FCC or ACC may enlarge or modify any of the rights or duties granted by this
Agreement without a written modification to this Agreement.
3.3.3
Upon request Company must provide to the City copies of any communications and reports
submitted by Company to the FCC or any other federal or state regulatory commission or agency having jurisdiction
in respect to any matters directly affecting enforcement of this Agreement.
3.3.4
Upon request Company must provide the City with regular reports, as reasonably needed, to
establish Company’s compliance with the various requirements and other provisions of this Agreement.
3.4
Interference and Emergency.
3.4.1.
Company must receive approval by the City’s Police and Fire Departments that Company’s
Wireless Facilities will not interfere with the City’s public safety communications Wireless Facilities. Company
agrees that all Wireless Equipment it operates within the City must strictly comply with the FCC's radio frequency
emission regulations. In the event City incurs radio frequency interference with respect to its satellite, City
communication Wireless Facilities, television or telephone equipment that is presumably caused by Company’s
operations, then City will give notice to Company via telephone and in writing. Within ten (10) days following
Company’s receipt of such notice, Company must conduct engineering field tests to determine if such interference
is being caused by Wireless Equipment operated by Company. City may conduct engineering field tests using
City’s own engineer to determine if such interference is caused by Company’s Wireless Equipment. City’s
engineer and Company’s engineer will use their best efforts to determine the cause of said interference, but if the
two cannot agree on the cause thereof, a neutral third-party engineer will be appointed by City and Company to
determine the cause of the interference. If it is determined that such interference results from any of Company’s
Wireless Equipment, Company must within five business days remedy such interference.
3.4.2.
Company must continuously and without interruption, operate so that its Facilities are not
deemed abandoned pursuant to 35-2209 of City Code.
3.4.3.
Subject to the applicable provisions of the Chandler City Charter, City Code and Arizona Revised
Statutes, City may, in the event of a public emergency, sever, disrupt, dig-up, or otherwise remove Company’s
Facilities if the action is deemed reasonably necessary by the City Manager, Fire Chief, Police Chief, Public Works
Director, or Development Services Director. Notice will be given to Company’s Network Operations Center at 800-
638-2822. A public emergency must be any condition which, in the opinion of any of the officials named, poses
an immediate threat to the lives or property of City residents, caused by any natural or man-made disaster,
including, but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, or hazardous
material spills.
3.5
Reservation to City. The City reserves every right and power, which is required to be herein reserved or
provided by any ordinance or the Charter of the City, and Company, by its execution of this Agreement, agrees to be
bound thereby and to comply with any action or requirements of City in its reasonable exercise of such rights or
power, heretofore or hereafter enacted or established. Neither the granting of any Agreement nor any provision
hereof may constitute a waiver or bar to the exercise of any governmental right or power of the City.
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SRP Cooper Substation Site
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Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
SECTION 4. FEES AND CHARGES
4.1
Application Fee. Company must pay all fees and charges in connection with Company’s performance under
this Agreement. Company agrees to pay City, a fee in the amount indicated on the City fee schedule as of the date
of submittal, prior to submittal for approval of this Agreement to the City Council. Company has paid City a one-time
payment for the Agreement Application Fee in the amount of $3,000.00.
4.2
Encroachment Permit Fees.
Company must pay any and all fees as required for processing any
Encroachment Permits independently of this Agreement as indicated on the City fee schedule as adopted by the
City Council and applicable to such permits and construction prior to the issuance of such a permit.
4.3
Use Fee and Other Payments.
4.3.1
For the use of the Site, as of the Effective Date, Company must pay City the sum of $1,189.99
(calendar year 2025) per month as use fee for the SRP Cooper Substation Site (the “Base Fee”). Initial payments of
the Base Fee must be made within 90 days of the Effective Date and subsequent payments must be made on the
first (1st) day of each month thereafter. The Base Fee for any fractional month at the beginning or at the end of the
Term or Renewal Term will be prorated.
4.3.2
Beginning on the annual anniversary of the Effective Date, and on each annual anniversary
thereafter, the Base Fee will increase by 3.5%.
4.3.3
In addition to the Base Fee, Company must pay to City any transaction privilege, sales, excise,
rental, and other taxes (except income taxes) imposed now or hereinafter imposed by any governmental authority
upon rentals and all other amounts to be paid by Company pursuant to this Agreement.
4.3.4
All fees and costs must be paid to City at the following address or to such other persons or at
such other places as City may designate in writing. All payments must be in lawful money of the United States of
America.
City of Chandler, Development Services
Mail Stop 405, P.O. Box 4008
Chandler, AZ 85244-4008
Attention: Development Services Administrator
4.3.5
City will send invoices to Company at the following
address:
New Cingular Wireless PCS, LLC,
Attention: Network Real Estate
Administration Re: AZPHU0707; Cooper &
Queen Creek (AZ)
Fixed Asset No: 10093416
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
SECTION 5. TERM OF AGREEMENT
5.1
Term.
The term of this Agreement shall be as follows:
5.1.1
Original Term. The original term of this Agreement shall be for a period of five (5)
years commencing on the Effective Date.
5.1.2
Extension. The term of this Agreement may be extended for three (3) additional five (5) year
periods subject to consent by City and Company, which either may withhold in its sole and absolute discretion as
provided in Exhibit F. Both City and Company will be deemed to have elected to extend unless City or Company,
respectively, gives notice to the contrary to the other at least one hundred eighty (180) days prior to the end of the
original term or the current extension. The second term will begin ten (10) years plus one (1) day after the initial
effective date. All of the terms and conditions of this Agreement must be in effect during the Term and extension of
the Term.
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5.2
Hold Over. In any circumstance whereby Company remains in possession or occupancy of the Site after the
expiration of this Agreement (as extended, if applicable), such holding over will not be deemed to operate as a renewal
or extension of this Agreement. Instead, the hold over may only create a use right from month to month that may
be terminated at any time by City upon thirty (30) days’ notice to Company or upon sixty (60) days’ notice to City. If
Company remains in possession of the Site at the termination or expiration of the initial term or any extension
thereof without a written agreement with City to do so, such holding over will be construed to be a tenancy at
sufferance from month to month at one and one-half (1 1/2) times the amount of the Base Fee (defined in Section
4.3) in effect at the time of the hold over and Company will be subject to the same terms and conditions of this
Agreement.
SECTION 6. ACCEPTANCE
6.1
Written Acceptance.
Company’s execution of this Agreement constitutes its acceptance of this Agreement
as granted and its agreement to be bound by and to comply with this Agreement. Company’s signature must be
acknowledged by Company before a notary public.
6.2
Validity of Agreement.
Company must acknowledge, as a condition of acceptance of this Agreement,
that Company was represented throughout the negotiations of this Agreement by its own attorneys and had
opportunity to consult with its own attorneys about its rights and obligations regarding same. Company has
reviewed City’s authority to execute and enforce this Agreement, and has reviewed all applicable law, both
federal and state, and, after considering same, Company acknowledges and accepts the right and authority of
City to execute this Agreement, to issue this Agreement and to enforce the terms herein. Both parties agree it
shall not now or at any time hereafter contest or challenge the other party’s authority under applicable federal,
state and local law to enter into and enforce this Agreement in any city, state or federal court.
SECTION 7. ENCROACHMENT PERMIT – SRP COOPER SUBSTATION SITE
7.1
Site. City is the owner of a real property located at the corner of Cooper Rd. and Queen Creek Rd. in the City of
Chandler, County of Maricopa, State of Arizona, which real property is commonly known as the SRP Cooper Substation. In
addition, City has jurisdictional authority over the Right-of-Way where the SRP pole is located adjacent to the City’s
real property. City hereby grants to Company this License to install, maintain, and operate Company’s Wireless
Facilities on approximately two hundred fifty (250) square feet of the SRP Cooper Substation and the SRP pole,
which Use Area is depicted in attached Exhibit A.
7.2
Ingress, Egress and Utility Access.
Under this Agreement, Company, its employees, agents,
subcontractors, lenders, invitees, and guests shall have pedestrian and vehicular access to the Site without notice to
City twenty-four (24) hours a day, seven (7) days a week, at no charge. This Agreement grants access to perform
work where no excavation is involved and where previously permitted structures and facilities exist. If excavation is
required for utilities, plans must be submitted to City Staff for approval which will not be unreasonably withheld.
Company must submit engineered plans and drawings through the standard Encroachment Permit application
process showing the exact location of Company’s activities and the plans for installation to City Staff for approval
prior to installation.
7.3
Use of Site. The Site must be used solely for the operation of wireless communication services utilizing
RF communication Facilities (“Company Facilities”). Company must not use the Site for any other purpose
without the written consent of City. The Site shall be used only for lawful purposes, and only in accordance with
all applicable building, fire and zoning codes, and applicable local public park ordinances and regulations.
7.4
City Cooperation.
City agrees to cooperate with Company, at Company’s expense, in making application
for and obtaining all agreements and any and all other necessary approvals that may be required for Company’s
intended use of the Site. However, nothing herein shall be deemed to constitute a contractual obligation of City, as
a municipality, to issue a required agreement where the officer, agent, or employee of City responsible for the
issuance of such agreement deems the issuance of such an agreement to be inappropriate. This Agreement is
not intended to supersede, modify, or waive City Code or Zoning Code requirements applicable to the construction
of wireless communication facilities except to the extent they relate to an encroachment permit for the SRP Cooper
Substation Site.
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7.5
Tests and Construction.
Company may enter the Right-of-Way following the full execution of this
Agreement to enter upon the Site for the purpose of making appropriate engineering and boundary surveys,
inspections, soil test borings, and other reasonably necessary tests for construction of Company’s Facilities, except
as otherwise limited by Section 7.3. Company must indemnify and hold City harmless against liability, loss, cost,
damage, or expense that may arise out of any personal injury or property damage resulting from Company’s entry
upon the Site, except to the extent caused by City’s negligence or willful misconduct. Company must coordinate
with the Development Services Department to avoid interfering with any City operations while conducting any such
tests or construction.
7.6
Company Construction/Improvements.
7.6.1
Company must submit plans and specifications for all the Facilities to be constructed or installed
for prior review and approval by the Development Services Department. Such approval is separate from, but
may be obtained concurrent with, development approvals (building permits, encroachment permits, special use
permits, etc.) required and issued by the Development Services Department. All of Company’s construction and
installation work must be performed at Company’s sole cost and expense and in a good and workmanlike
manner.
7.6.2
The construction plans and specifications must include fully dimensioned site plans that are drawn
to scale and show, as applicable, antenna, equipment shelter, the proposed changes in the landscape, the
proposed type and height of fencing, if any, the proposed type of construction material for all structures, including
fencing or screening, and any other details requested by City or required to obtain development approvals.
7.6.3
Company Facilities must remain Company’s personal property and not fixtures, and title to the
same shall be held by Company. Company shall remove all Company Facilities at its sole expense on or before
the expiration or earlier termination of this Agreement and shall repair any damage to the Site caused by such
removal and restore the Site to the condition it was in at the time of removal reasonable wear and tear and casualty
excepted. If this removal includes the removal of a City owned structure such as a ball field light, a replacement
structure approved by the Development Services Department will be constructed.
7.6.4
Any portion of Company’s Facilities, or any of Company’s personal property, equipment, or
improvements on the Site that is not removed on or before ninety (90) days following the termination of this
Agreement, may be removed by City and all expenses of such removal and site restoration charged to Company.
7.6.5
Company must make no alterations or additional improvements to or upon the Site without
first obtaining written approval of the Development Services Department.
7.7
Utilities. Company must be liable for and must pay throughout the term of this Agreement, all charges for all
utility service furnished to the Site for all Company purposes related to the operation and maintenance of Company’s
Facilities.
7.8
Maintenance and Repair.
Company must keep their building, fencing or screen walls, if any, and other
Facilities in good repair and in a neat and clean condition and must maintain and preserve any landscaping within
and around any fenced area in accordance with City zoning code.
7.9
Hazardous Substances.
Company’s activities upon or about the Use Area are 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”):
7.9.1
No Warranties. Company understands the hazards presented to persons, property, and the
environment by dealing with Toxic Substances. City makes no warranties as to whether the Use Area contains
actual or presumed asbestos or other Toxic Substances.
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7.9.2
Discovery. Within twenty-four (24) hours after discovery by Company of any Toxic Substances located
at the Site in violation of any applicable federal, state or local laws, regulations, or statutes, Company must report such
Toxic Substances to City in writing. Within fourteen (14) days thereafter, Company must provide City with a written report
of the nature and extent of such toxic substances found by Company.
7.9.3
Disturbance of Toxic Substances. Prior to undertaking any construction or other significant
work, Company must cause the Use Area 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, Company must cause Company’s contractor or other person performing such work to
give to City notice by the method described in this Agreement 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 Company’s or other person’s work. Company must cause any
on-site or off-site storage, inspection, treatment, transportation, disposal, handling, or other work involving Toxic
Substances by Company in connection with the Use Area 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. Company must promptly deliver to City copies of all reports or other information
regarding Toxic Substances.
SECTION 8. LETTER OF CREDIT.
8.1
Amount; Purpose. Within thirty (30) Days after the Effective Date of this Agreement, Company must
deposit with the City an irrevocable letter of credit in the amount of fifty thousand dollars ($50,000)
(replenishable as specified in Section 8.3 below) issued by a federally insured commercial lending institution.
The form and substance of said letter of credit will be used to assure (a) the faithful performance by Company
of all provisions of this Agreement; (b) compliance with all orders, permits, and directions of any Department
of the City having jurisdiction over Company’s acts or defaults under this Agreement; and (c) Company’s
payment of any penalties, liquidated damages, claims, liens, and taxes due to the City that arise by reason of
the construction, operation, or maintenance of the Wireless Facilities, including cost of removal or
abandonment of any of Company’s property.
8.2
Drawing on Letter of Credit. The letter of credit may be drawn upon by the City by presentation of a
draft at sight on the lending institution, accompanied by a written certificate signed by the City Manager
certifying that Company has been found to have failed to comply with this Agreement after Company’s receipt
of written notice and a reasonable opportunity to cure, stating the nature of noncompliance, and stating the
amount being drawn. The rights reserved to the City with respect to the letter of credit are in addition to all
other rights of the City, whether reserved by this Agreement or authorized by law, and no action proceeding
against a letter of credit will affect any other right the City may have.
8.3
Replenishing. The letter of credit shall be structured in such a manner so that if the City at any time
draws upon the letter of credit, upon notice to Company by the issuing lending institution, Company must
immediately increase the amount of available credit by the amount necessary to replenish that portion of the
available credit exhausted by the honoring of the City's draft; provided, however the maximum amount
available to be drawn on this letter of credit for any one event may not exceed fifty thousand dollars
($50,000). The intent of this Section is to make available to the City at all times a letter of credit in the
amount of fifty thousand dollars ($50,000).
SECTION 9. INSTALLATION, CONSTRUCTION & OPERATION OF THE WIRELESS FACILITIES
9.1
Damage to Right-of-Way.
Whenever the installation, removal, or relocation of any of Company’s Wireless
Facilities is required under this Agreement, and such installation, removal or relocation cause damage to the Right-
of- Way, Company, at its sole cost and expense, must promptly repair and return Right-of-Way in which the
Wireless Facilities components are located to a safe and satisfactory condition in accordance with applicable laws,
reasonably satisfactory to the Development Services Director or designee. If Company does not repair the Site as
just described, City will have the option, upon fifteen (15) days prior written notice to Company, to perform or cause
to be performed such reasonable and necessary work on behalf of Company and to charge Company for the
proposed costs to be incurred or the actual costs incurred by City at City’s standard rates, plus an administrative
fee of fifteen percent (15%). Upon the receipt of a demand for payment by City, Company must, within thirty (30)
days, reimburse City for such costs. For any pavement cuts by Company, Company agrees to restore the
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pavement and to reimburse City for all costs arising from the reduction in the service life of any public road, in
accordance with the provisions of Chapter 46 of the City Code and the fees established by City pursuant thereto.
Company agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Provided, however,
in the event Company failure creates a dangerous condition for which immediate repair or corrective action is
necessary for health or safety reasons, no prior notice need be provided to Company, but City may at City’s option,
immediately repair and restore the site to a safe condition and charge Company as provided above.
9.2
Damage to Facilities of Others.
Company must construct, install, locate, and relocate its Wireless
Facilities in such a manner that it causes no disruption of other services or damage to the other facilities. If
Company damages any City facility, Company must pay to City, the full costs of all repairs incurred by City to repair
such damage, together with an administrative fee of fifteen percent (15%). If Company damages any facility owned
by an entity other than City, Company must, at the option of the entity whose facility was damaged, either repair and
restore such facility to its condition before such damage or reimburse that entity the full cost incurred for repairs and
restoration and also for other damages as proved by such other entity.
SECTION 10. TERMINATION
10.1
Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice
as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured
within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default
is
ten (10) days from receipt of written notice of default; or (ii) by Company if it does not obtain or maintain any
Agreement, permit, or other approval necessary for the construction and operation of the Site; or (iii) by Company
if Company determines that the Site is not appropriate for its operations for economic or technological reason,
including without limitation, signal interference; or (iv) Company’s Insolvency as described in this section.
10.2
Rights at Termination. The following provisions will apply at the expiration of the term of this Agreement:
10.2.1 Surviving Obligations. Expiration or termination of this Agreement does not terminate Company’s
indemnity obligations existing or arising prior to or simultaneous with, or attributable to, the termination or
events leading
to or occurring before termination. Notwithstanding anything herein to the contrary,
Companies obligation to pay the Base Rent shall cease as of the date Company completes all removal and
restoration obligations set forth in Section 10.2.4 herein below, partial months to be prorated.
10.2.2 Delivery of Possession. Company must cease using the Site. Company must without demand,
peaceably and quietly quit and deliver up the Use Area to the City thoroughly cleaned, in good repair with
the Use Area maintained and repaired and in as good order and condition, reasonable use and wear
excepted, as the Use Area is now or in such better condition as the Use Area may hereafter be placed.
10.2.3 Confirmation of Termination. Upon expiration or termination of this Agreement for any reason,
Company must provide to City upon demand recordable disclaimers covering the Use Area executed
and
acknowledged by Company and by all persons claiming through this Agreement or Company any
interest in or right to use the Use Area.
10.2.4 Removal of Improvements. Company must remove all Facilities and restore the Use Area to its prior
condition, or to a condition matching City’s surrounding land and improvements, as directed by City,
at Company’s expense within 30 days of termination of this Agreement. Without limitation, such work shall
include revegetation and appropriate irrigation Wireless Facilities for revegetated areas.
10.2.5 Prior Improvements. This section also applies to any improvements that Company may have made
to the Site.
10.3
Company’s Insolvency.
Company’s insolvency will be deemed an event of default. “Insolvency” means:
(a) the making by Company of any general assignment or general arrangement for the benefit of creditors; (b) the
filing by or against Company of a petition to have Company adjudged a bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Company, the same
is dismissed within sixty (60) days); or (c) the appointment of a trustee or receiver to take possession of substantially
all of Company’s assets located at the Site or of Company’s interest in this Agreement, where possession is not
restored to Company within thirty (30) days.
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SECTION 11. INDEMNITY AND INSURANCE
11.1
Insurance Responsibility. During the entire term of this Agreement, Company must insure its property and
activities at and about the Site and must provide insurance and indemnification as follows. Company must carry and
maintain, and must cause its contractors to carry and maintain substantially the same coverage with substantially the
same limits as required of Company, as provided below, until all their respective obligations have been discharged,
insurance against claims for injury to persons or damage to property which may arise from or in connection with
Company’s obligations under this Agreement and Company’s activities on the Site, including but not limited to the
installation, construction, relocation, removal, repair, operation, and maintenance of the Wireless Facilities and
Communications Equipment by Company, its agents, representatives, employees, or contractors. The insurance
requirements herein in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants
that the limits contained herein are sufficient to protect Company from liabilities that might arise out of this Agreement
by
Company, its agents, representatives, employees or contractors, and Company is free to purchase such
additional insurance as may be determined necessary.
11.2
Minimum Scope and Limits of Insurance. Company must provide coverage with limits of liability not
less than stated below.
11.2.1 Commercial General Liability – Occurrence Form. Policy must also include coverage for
products completed operations, independent contractors, bodily injury, property damage, and advertising
injury.
Products – Completed Operations Aggregate
$10,000,
000 Each Occurrence
$10,000,
000
The policy must be endorsed to include the following additional insured language: The City of Chandler,
its agents, representatives, officers, directors, officials, employees, and volunteers shall be included as
an additional insured with respect to liability caused, in whole or in part, by the activities performed by
the Company. This endorsement may not contain an exclusion or limitation of completed operations
coverage as regards the additional insured except with respect to the stated aggregate limits of liability.
The policy may not exclude the explosion/collapse/underground (“xcu”) hazard.
11.2.2 Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and non-
owned vehicles used in the performance of work under this Agreement.
Combined Single Limit (CSL), each accident
$1,000,000
The policy must contain an “MCS-90” endorsement providing for clean-up of pollution conditions arising
from transported product, if the work performed under the Agreement requires the transportation of any
Hazardous Substances by motor vehicle. The policy must also be endorsed to include the following
additional insured language: The City of Chandler its agents, representatives, officers, directors, officials,
employees, and volunteers shall be included as an additional insured with respect to liability caused, in
whole or in part, by the activities performed by Company, including automobiles owned, leased, hired, or
borrowed by Company.
11.2.3 Worker's Compensation and Employers' Liability.
Workers' Compensation
Statutory
Employers' Liability
Each Accident
$1,000,000
Disease – Each Employee
$1,000,000
Disease – Policy Limit
$1,000,000
Policy must contain a waiver of subrogation against the City of Chandler.
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11.2.4 Pollution Liability.
Per Occurrence
$10,000,000
Annual Aggregate
$10,000,000
Pollution legal liability self-insurance covering third-party claims for bodily injury, property damage or
cleanup costs as required by law, where the pollution is caused during and by Company’s operations
under this Agreement.
The policy must include coverage for cleanup of sudden or accidental pollution conditions arising from
the Wireless Facilities and Communications Equipment, as defined in the Agreement; cleanup of new
conditions arising from Company's operations and use of the Site under this Agreement; and third-
party claims for on and off-site bodily injury and property damage. Company warrants that any
retroactive date under the policy shall precede the effective date of this Agreement; and that either
continuous coverage will be maintained, or an extended discovery period will be exercised for a period
of two (2) years beginning at the time work under this Agreement is completed.
11.2.5 Professional Liability including Technology Errors & Omissions and Network Security/
Privacy Liability Insurance (Cyber).
Per Claim and Aggregate
$10,000,000
. In the event that the professional liability insurance required by this Agreement is written on a claims-
made basis, Agreement warrants that any retroactive date under the policy shall precede the effective
date of this Agreement; and that either continuous coverage will be maintained or an extended
discovery period will be exercised for a period of two (2) years beginning at the Effective Date of this
Agreement. If such insurance is maintained on an occurrence form basis, Company must maintain
such insurance for an additional period of one (1) year following termination or expiration of this
Agreement. If such insurance is maintained on a claims-made basis, Company must maintain such
insurance for an additional period of three (3) years following termination or expiration of this
Agreement. If Company contends that any of the insurance it maintains pursuant to other sections of
this clause satisfies this requirement (or otherwise insures the risks described in this section), Company
must provide proof of same. The insurance must provide coverage for the following risks: (i) Liability
arising from theft, damage to destruction of or alteration of electronic information, breach of privacy
perils, wrongful disclosure and release of private information, collection, or other negligence in the
handling of confidential information; (ii) Network security liability arising from the unauthorized access
to, use of or tampering with the System including hacker attacks, inability of an authorized third party,
to gain access to your services including denial of service, unless caused by a mechanical or electrical
failure; (iii) Liability arising from the introduction of a computer virus into, or otherwise causing damage
to, a customer’s or third person’s computer, the System, network or similar computer related property
and the data, software, and programs thereon.
11.3
Additional Insurance Requirements. The policies are to contain, or be endorsed to contain, the
following provisions: Company’s insurance coverage must be primary insurance and non-contributory with
respect to the obligations that Company has undertaken under this Agreement. The policies must contain a
severability of interest clause and waiver of subrogation against the City, its officers, officials, agents,
volunteers, and employees, for losses caused, in whole or in part, by work performed by the Company under
this Agreement.
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11.4
Notice of Cancellation. Upon receipt of notice from its insurer(s), Company must provide thirty (30) days
prior written notice of cancellation to the City. Such notice must be sent directly to the addresses listed below
and must be sent by first class mail.
City of Chandler
Attention: Development Services Department
P.O. Box 4008, Mail Stop 405
Chandler, Arizona 85244-4008
Phone: (480) 782-3000
Email: tuf@chandleraz.gov
With a copy to:
Office of the City Attorney
Attention: Risk Management
175 South Arizona Avenue
P.O. Box 4008 Mail Stop 602
Chandler, Arizona 85244-4008
Phone: (480) 782-4640
Fax: (480) 782-4652
Email: legal.notices@chandleraz.gov
11.5
Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved
unlicensed companies in the State of Arizona and with an "A.M. Best" rating of not less than A-VII. City in no
way warrants that the above-required minimum insurer rating is sufficient to protect Company from potential
insurer insolvency.
11.6
Verification of Coverage. Company must furnish City with certificates of insurance (ACORD form or
equivalent approved by City) and any related endorsements as required by this Agreement. The certificates
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All certificates and endorsements are to be received and approved by City before work commences.
Each insurance policy required by this Agreement must be in effect at or prior to commencement of work
under this Agreement and remain in effect for the duration of the Agreement. Failure to maintain the
insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of this
Agreement. All certificates required by this Agreement must be sent directly to the City of Chandler
Development Services Department with a copy to Risk Management as the addresses listed in Section 11.4.
The Agreement number and description are to be noted on the certificate of insurance.
11.7
Contractors. Company must require all contractors and subcontractors to obtain and maintain
substantially the same coverage with substantially the same limits as required of Company and must name the
City of Chandler its agents, representatives, officers, directors, officials, employees, and volunteers as an
additional insured. Notwithstanding the above, contractor’s limits of liability must not be less than $1,000,000
per occurrence, $2,000,000 aggregate.
11.8
Approval. Any modification or variation from the insurance requirements in this Agreement must
have prior approval from the Office of the City Attorney, whose decision will be final. Such action will not
require a formal contract amendment but may be made by administrative action.
11.9
Indemnity. In addition to all other indemnities and other obligations hereunder, to the fullest extent
permitted by law, throughout the term of this Agreement or any and all Permits and until all obligations and
performances under or related to this Agreement are satisfied and all matters described in this paragraph are
completely resolved, Company and all other persons using, acting, working or claiming through or for Company (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
parties required to be named as additional insureds under this Section 11 (“Additional Insureds”) for, from and
against any and all claims or harm related to Company’s use of the Site or the rights granted to Company with
respect to the Site or Company’s exercise of its rights under this Agreement (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,
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financial harm, or other impairment), damages, losses, expenses, penalties, fines or other matters (together with
all reasonable 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 Company’s use of the Site or other
property pursuant to this Agreement or any and all Permits, or any actions, acts, errors, mistakes or omissions
relating to work or services in the performance of or related to this Agreement by Company, 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 Site or surrounding areas related
to Company’s exercise of its rights under this Agreement, except to the extent caused by City or any other
Additional Insured or anyone for whose mistakes, errors, omissions or negligence City may be liable.
Notwithstanding the foregoing, the Indemnity does not apply to: (i) Claims arising from the sole negligence or
intentionally wrongful acts of City; or (ii) Claims that the law prohibits from being imposed upon the indemnitor.
11.10
Risk of Loss. Company assumes the risk of any and all loss, damage or claims related to Company’s
use of the Site or other property of City, Company or third parties throughout the term of this Agreement and the
term(s) of any and all Permits, . Company must be responsible for any and all damage to its property and
equipment related to this Agreement unless caused by the negligence of the City or its agents or contractors.
11.11
Insurance to be Provided by Others. Company must cause its contractors or other persons occupying,
working on or about, or using the Site pursuant to this Agreement to be covered by their own or Company’s
insurance as required by this Agreement. The required policy limits for commercial general liability insurance
provided by such persons must be $1,000,000 for each occurrence, $1,000,000 for products and completed
operations annual aggregate, and $2,000,000 general aggregate limit per policy year. This paragraph does not
apply to persons who do not actually perform physical labor at the Site (such as Company’s consulting design
engineers).
SECTION 12. ASSIGNABILITY AND TRANSFERABILITY
12.1
Assignability. This Agreements and all permits are not assignable by Company (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.
12.2
Assignments Affected. Every assignment of any of Company’s interest in the Right-of-way, any
agreement, any Permit, or any of Company’s rights or interests hereunder is prohibited unless Company first
receives from City notice of City’s consent to the assignment, City’s consent to such assignment not to be
unreasonably withheld, conditioned, or delayed. All references in this Agreement to assignments by Company 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 Company’s right to use the Right-of-way under this Agreement or any
interest or rights 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 Company’s rights to use
the Right-of-way (collectively “Liens”); (iii) Any assignment by Company of any interest in any agreement or Permit
for the benefit of creditors, voluntary or involuntary; (iv) A Company 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 Company.
12.3
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:
12.3.1 Complete Assignment of Agreement and Permits. Company’s complete assignment of all of
Company’s rights and Interests in the Right-of-way and approved Agreements, and issued Permits to a single
assignee who meets all of the following requirements, as determined by City in City’s reasonable discretion (a
“Qualified Operator”): (i) The assignee has experience, management, credit standing and financial capacity and
other resources equal to or greater than Company’s and adequate to successfully perform the obligations set forth
herein; (ii) The assignee is experienced in the management and operation of similar projects; (iii) The assignee
assumes all of Company’s obligations herein; (iv) The assignee has a net worth of not less than Fifty Million and
No/100 Dollars ($50,000,000.00).
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12.3.2 Stock Transfers. The transfer of publicly traded stock, regardless of quantity.
12.3.3 Merger. The merger or consolidation of Company with another entity that is a Qualified Operator.
12.3.4 Common Ownership Transfer. Company’s complete assignment of all of Company’s rights
and interests in the Right-of-way and approved agreements to a single assignee who is and remains a majority
owned subsidiary of Company’s owner as of the date of the Agreement (or a majority owned subsidiary of a
majority owned subsidiary of Company’s owner as of the date of the Agreement), or a majority owned
subsidiary of Company.
12.3.5 Affiliates. Company’s assignment of this Agreement and the Company Facilities to any
person or entity that (directly or indirectly) controls, is controlled by, or under common control with New
Cingular Wireless PCS, LLC. As used herein, “control” of New Cingular Wireless PCS, LLC, means the
power (directly or indirectly) to direct the management or policies of New Cingular Wireless PCS, LLC,
whether through the ownership of voting securities, by contract, by agency or otherwise.
12.4
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,
Company must provide to City a summary of the transaction assigning its interests; and (ii) Each assignee must
execute an assumption of any and all Agreements and Permits to be assigned in the form attached as Exhibit
E; and (iii) Each Pre-approved Assignment must satisfy all other requirements of this Agreement pertaining to
assignments.
12.5
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 this Agreement or otherwise, and in any combination, terminate any and all Agreements and
Permits; collect Base Fee from the assignee and/or declare the assignment to be void, all without prejudicing any
other right or remedy of City this Agreement. No cure or grace periods may apply to assignments prohibited under
this Agreement or to enforcement of any provision under this Agreement against an assignee who did not receive
City's consent.
12.6
Effect of Assignment. Prior to any assignment , each assignee must execute an assumption of each
Agreement and Permit in the form attached hereto as Exhibit E. 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,
Company or occupant as Company, or a release of Company from the further performance by Company of the
provisions of this Agreement, any agreement, or any permit. Consent by City to an assignment shall not relieve
Company from obtaining City’s consent to any further assignment. No assignment may release Company from any
liability hereunder.
12.7
Enforceability after Assignment. No consent by City may be deemed to be a novation. City’s consent to
any assignment does not in any way expand or modify the terms set forth this Agreement or waive, diminish, or
modify any of City’s rights or remedies under any agreement or any permit. The terms set forth in this Agreement will
be enforceable against Company and each successor, partial or total, and regardless of the method of succession,
to Company’s interest hereunder. Each successor having actual or constructive notice of this Agreement, any
agreement or permit will be deemed to have agreed to the preceding sentence.
12.8
Grounds for Refusal. Except for the Preapproved Assignments, no assignment of any agreement or
permit by Company 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.
12.9
Consent to Assignments Company must attach to each Pre-approved Assignment a copy of Company’s
notice to City of the Pre-approved Assignment and other required documents, Company must attach to each other
assignment, a copy of City's notice to Company of City's consent to the assignment. This Agreement will continue to
be enforceable according to its terms in spite of any provisions of any documents relating to an assignment.
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12.10
Assignment Fee. Company must pay to City in advance the sum of Five Hundred Dollars ($500) as
a nonrefundable fee for legal, administrative, and other expenses related to every Pre-approved Assignment
of an Agreement (including any related Site Permits (other than the sale of publicly traded stock) or to any
request for a consent to assignment, whether or not City grants such request.
SECTION 13. USE AREA
13.1
Authority to Use Right-of-Way. Upon approval of this Agreement, City grants to Company
permission to install Wireless Facilities in the Right-of-Way upon issuance of all required Permits as set forth
below.
13.2
Limitations. Notwithstanding anything herein to the contrary, the Use Area includes and is limited to
only certain area that Company is permitted to use and occupy as depicted in Exhibit A & Exhibit B. The Use
Area will be clearly defined by the Boundary Plan in the Preliminary Drawings or Construction Drawings.
13.3
Use Area Boundary. The Use Area excludes other parts of the Public Property and all other land.
Except as provided in this Agreement, Company must not occupy or use any other portion of the Public
Property or adjoining lands. An approved Agreement or an issued Permit does not allow any use of land
outside the Use Area, except as otherwise provided in this Agreement. If any portion of Company’s work,
improvement, or equipment is to be located on other land, such work, improvements, and equipment are
prohibited unless Company first obtains from the owner of said land (including City, if applicable) an agreement
allowing such work, improvements, or equipment (a “Supplemental Parcel Agreement”).
13.4
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 Property or utility easements for these purposes,
if any, is governed by other City laws, rules, and policies, and by the Agreement or franchise between City
and electrical, telephone, and other service Companies. Any proposed service entrance section, electrical
meter pedestal, vault or other equipment and any associated conduits required by power, telephone, or
other service Companies to be constructed by the Company to provide such services to the Site must be
clearly indicated on the Site Construction Drawings to coordinate with and avoid conflicts with other users.
13.5
Rights in Adjacent Land. Company's interests granted by this Agreement are expressly limited to the
real property owned by the City defined as the “Use Area” in an issued Permit and the adjacent Right-of-Way
within which the SRP transmission pole is located. Without limitation, in the event any public right-of-way or
other public or private property at or adjacent to the Use Area is owned, dedicated, abandoned, or otherwise
acquired, used, improved, or disposed of by City, such property will not accrue to Company but will be City’s
only.
13.6
Variation in Area. In the event the Use Area consists of more or less than any stated area,
Company's obligations hereunder will not be increased or decreased.
13.7
Condition of Title. Company must not amend, modify, terminate, or otherwise change the
Site Documents or create new Site Documents without the City’s written approval.
13.7.1 Title. City does not warrant title or rights to use the Use Area or any other property.
13.8
Condition of Use Area. The Use Area is 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 or particular purpose.
13.9
No Real Property Interest. Notwithstanding any provision hereof to the contrary, and
notwithstanding any negotiation, correspondence, course of performance or dealing, or other statements or
acts by or between the parties, Company's rights herein are limited to use and occupation of the Use Area
for the Permitted Uses. Company's rights in the Use Area are limited to the specific rights created herein
as an approved Agreement.
13.10
Reserved Right and Competing Users and Activities. Notwithstanding anything herein to the
contrary, City specifically reserves to itself and excludes from any issued Permit a non-exclusive delegable
right (the “Reserved Right”) over the entire Use Area for all manner of real and personal improvements and for
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streets, sidewalks, trails, landscaping, utilities, and every other land use of every description, provided the
foregoing does not unreasonably interfere with Company’s use of the Use Area. Without limitation:
13.10.1 Competing Users. Company accepts the risk that City and others (the “Competing Users”)
may now or in the future install their facilities in the Use Area in locations that make unoccupied parts of the
Public Property unavailable for Company’s use.
13.10.2 Competing Activities. Company accepts the risk that there may now or in the future exist
upon the Use Area all manner of work and improvements upon the Use Area (the “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 Area and whether occasioned
by existing or proposed uses of the Public Property or existing or proposed uses of adjoining or nearby land:
(i) 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; (ii) 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; (iii) 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: (iv) All other uses of the Public Property that City may permit from
time to time.
13.11
City’s Rights Cumulative. All of City’s Reserved Rights under various provisions of this Agreement
and any and all issued Permits will be cumulative to each other.
13.12
Use Priorities. This Agreement does not grant to Company or establish for Company any exclusive
rights or priority in favor of Company to use the Use Area. Company must not obstruct or interfere with or
prevent any Competing User from using the Use Area. City agrees that Competing Users may not obstruct or
interfere with or prevent Company from using the Use Area.
13.13
Regulation. City reserves the full authority to regulate use of the Use Area and to resolve competing
demands and preferences regarding use of the Use Area and to require Company 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 Area: (i) all timing, public, operational, financial and other factors affecting existing
and future proposals, needs and plans for Competing Activities; and (ii) all other factors City may consider
relevant, whether or not mentioned in this Agreement and any and all issued Permits; (iii) differing regulatory
regimes or laws applicable to claimed rights, public benefits, community needs and all other factors relating to
Competing Users and Competing Activities.
13.14
Communications Equipment Relocation. Upon ninety (90) days’ notice from City and in connection
with the relocation of the associated SRP transmission pole, Company may temporarily or permanently
relocate or otherwise modify the Communications Equipment (the “Relocation Work”) as follows: (i) Company
must perform the Relocation Work at its own expense when required by the City Manager; and (ii) 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; and (iii) City may perform any part of the Relocation
Work that has not been performed within the allotted time. Company must reimburse City for its actual costs in
performing any Relocation Work. City has no obligation to move Company’s, City’s or others’ facilities, but
may assist Company to find a new location and to expedite the approval process; and (iv) City reserves the
right to use any of Company’s Facilities that are abandoned in place or that are not relocated on City’s
request; and (v) all Relocation Work is subject to and must comply with this Agreement; and (vi) if City and
Company cannot mutually agree on an alternate location, this Agreement will terminate as set forth in section 15.1;
and (vii) Communication Equipment relocated to an acceptable location must be reflected by an amendment to
this Agreement and subject to City Council approval.
13.15
Interference/Disruption by Competing Users. Neither City, nor any agent, contractor, or employee
of City will be liable to Company, its customers nor third parties for any service disruption or for any harm caused
them or the Communications Equipment due to Competing Users or Competing Activities.
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13.16
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 as the City Manager deems
such action to be reasonably necessary under the circumstances. City will make reasonable efforts to contact
the Company’s Network Operations Center at 800-638-2822. In such event, neither City, nor any agent,
contractor or employee of City may be liable to Company or its customers or third parties for any harm so
caused to them or the Communications Equipment. When practical, City may consult with Company in
advance to assess the necessity of such actions and to minimize damage or disruption of operation of the
Communications Equipment to the extent reasonably practical under the circumstances. City will inform
Company after such action is taken. The terms and condition for Relocation Work apply for Company’s repair
for the emergency disruption of Company’s Wireless Facilities.
13.17
Public Safety. If the Communications Equipment or any other Company 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 outside of the Use Area, or to City’s ability to safely and
conveniently operate the Public Property or perform City’s utility, public safety, or other public health, safety,
and welfare functions, Company must immediately remedy the hazard, comply with City requests to secure the
Public Property, and otherwise cooperate with City at no expense to City to remove any such hazard or
impediment. Company’s work crews must report to the Use Area within four (4) hours of any request by City
under this section. The City may impose violation use fees and civil sanctions as provided in C.C.C. chapter
46 for Company’s failure to comply with this section, this Agreement, or City Code.
13.18
Third Party Permission. Company’s Wireless Facilities must not be located on Third Party Areas
without the third party’s written permission. This Agreement may be suspended for Company’s failure to
obtain the third party’s written permission to use Third Party Areas.
SECTION 14. PROPRIETARY INFORMATION
14.1
Notice to Company. If City receives a request to disclose information identified by Company as
Proprietary Information, City will notify Company of such request as provided in section 19.15 to permit
Company at Company’s cost a reasonable opportunity to prevent the disclosure of the requested information.
If the City does not receive a court order to prevent disclosure within five (5) business days from the date of
the notice, the City will disclose the requested information.
14.2
Public Records Law. Notwithstanding any provision in this Agreement, Company acknowledges and
understands that City is a political subdivision of the State of Arizona and is subject to the disclosure requirements
of Arizona’s Public Records Laws (A.R.S. § 39-121 et. seq.).
SECTION 15. ABANDONMENT
15.1
Abandonment; Removal of Facilities. In the event that the use of a substantial part of any of the
Wireless Facilities is discontinued for any reason for a continuous period of two (2) years for reasons other
than Force Majeure, or in the event such Wireless Facilities or property has been installed in any Public
Property without complying with the requirements of this Agreement, or this Agreement has terminated or
been revoked, Company must promptly, upon being given 60 days’ notice from the City, begin removal of
such Wireless Facilities and related appurtenances from the Public Property other than such underground
facilities which the City may permit to be abandoned in place. In the event of such removal, Company must
promptly restore the Public Property or other area from which such property has been removed to a
condition satisfactory to the City subject to the City’s customary practice to review upon request of
Company. As a minimum, Company must restore the Public Property to a condition as existed prior to the
removal of the structure or property.
15.2
Permanent Abandonment. The Wireless Facilities and any other property of Company remaining on
the Public Property without the consent of the City 180 days after the revocation of this Agreement will be at
the option of the City considered permanently abandoned. Any Company property permitted to be abandoned
in place will be abandoned consistent with C.C.C. §§ 46-2.9, 46-8.12(K), the Utility Permit Manual,
Transportation and Development Policy TDP-275, and any other applicable law.
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SECTION 16. AGREEMENT REVOCATION
16.1
Revocation for Nonuse. Not later than 24 months after the date that the City issues a wireless agreement
under C.C.C. chapter 46, or an amended video service agreement under C.C.C. chapter 46, Company must offer
and provide wireless services unless the Company cannot meet the requirement for reasons beyond the Company’s
control as provided in Section 19.22. If Company fails to comply with this section, the City may revoke this
Agreement.
16.2
Revocation for Cause. In addition to C.C.C. chapter 46 and subject to Section 16.4 below, this
Agreement may, after public hearing and notice and an opportunity to cure pursuant to Section 16.3 below, be
revoked, altered, or suspended by the City as it deems necessary on any of the following grounds: (i) failure to
file and maintain any faithful letters of credit, insurance coverage or pay Agreement fees as required under this
Agreement; (ii) failure to comply with applicable law regarding the operation of the Wireless Facilities, this
Agreement, or the appropriate regulatory authority; (iii) violation of material terms of this Agreement; (iv) fraud
by Company, in its conduct or relations under the Agreement; (v) willful or grossly negligent repeated violations
of this Agreement; (vi) failure to comply with any federal, state, local or administrative order, law, permit
regulation or consent decree as such may apply to Company’s activities, as contemplated in this Agreement;
and (vii) permanent or temporary suspension for a period greater than 180 calendar days by the United States
or the State of Arizona for any authorizations for Company to own, operate, maintain, or construct a Wireless
Facilities.
16.3
Cure Period. If any of the foregoing events occur, Company will be given a period of 60 days after
receipt of a written notice of default from the City to cure the default before the hearing described in Section
16.4. The provisions of Section 16.4 apply: (i) if Company fails to cure the event of default within the 60-day
period; or
(ii) when an event of a default cannot be cured within the 60-day period and Company fails to begin and
diligently pursue the cure.
16.4
City Determination; Public Hearing. If Company fails to remedy its default as provided for in Section
16.2, City will notify Company of that determination and will state the major causes and reasons supporting the
determination. Company will be granted ten (10) days to respond to the determination. The City will consider
the response of Company, if any, and may then terminate, postpone for a period, or proceed with the
revocation, alteration, or suspension process. If the City proceeds with the revocation, alteration, or
suspension process, or reactivates a postponed proceeding, a written statement of revocation, alteration, or
suspension will be served upon Company stating the principal reasons for such action and a copy of the
statement must be sent by certified U.S. mail, return receipt requested, to Company as provided in Section
19.15. The City Council may take final action on the revocation, alteration, or suspension of this Agreement
after the public hearing.
16.5
Removal of Facilities. Upon revocation of this Agreement, the City may declare a forfeiture,
whereupon all rights and privileges of Company under this Agreement will immediately be divested without a
further act upon the part of Company, and Company must remove its structures or property from the Public
Property and restore the Public Property to the condition as existed prior to the removal of the structure or
property. Upon Company’s failure to do so within six months of revocation, the City may perform the work
and collect the City’s cost from Company. At the City’s option, Company may abandon structures or property
in place as provided in this Agreement. At a minimum, the Public Property must be restored to a condition as
existed before the removal of the structures or property.
SECTION 17. RADIO FREQUENCY REQUIREMENTS; CITY EMPLOYEE SAFETY
17.1
RF Compliance Requirements. Company must document, report, and confirm its compliance with
FCC Radio Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency
emissions laws and regulations in effect from time to time (collectively, the “FCC Rules”). Company must
cause its senior internal engineer responsible for compliance with the FCC Rules to deliver to City a written
letter (the “RF Letter”), as follows: (i) The RF Letter must attest that Company’s operation of the
Communications Equipment is in compliance with the FCC Rules. A statement from Company declaring
exemption from reporting to FCC is not acceptable to comply with the requirements of this paragraph; and (ii)
Company must maintain records of radio frequency measurements and Communications Equipment
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performance in accordance with the FCC Rules; and
(iii) Company must show its compliance with the FCC Rules.
17.2
Prior Notice for Work Near Wireless Facilities. Prior to performing any work on the Site, the City’s
employee will contact the Network Operations Center (the NOC”) whose information must be located on the ground
level Communications Equipment or on the pole. The City’s employee will identify himself or herself as an employee
of City and will request deactivate the RF signals at the Site for a specified period. Upon completion of the work,
the City’s employee will contact the NOC to inform Company that the Site may activate the RF signals.
17.3
Kill Switch. Company must provide access to a “kill switch” for the Wireless Facilities and
Communication Equipment located at the Site for use by the City's employees, agents, or representatives.
SECTION 18. VIOLATION USE FEES AND PUBLIC SAFETY VIOLATIONS.
18.1
Violation Use Fee. Company agrees to pay Violation Use Fees as provided in C.C.C. chapter 46
when Company breaches the terms of this Agreement and fails to cure the breach after the applicable notice
and cure period. The City may elect to draw upon the letter of credit required in Section 8 to collect the Violation
Use Fees. For continuing violations within a 24-hour period, each calendar day is considered a separate period
for purposes of recovery of Violation Use Fees. Company’s payment of Violation Use Fees does not excuse
Company’s breach of this Agreement or limit the City’s legal or equitable remedies.
18.2
Enforcement of Violation Use Fees. The City Manager may issue a warning for Company’s first
violation under this section. The City Manager will issue notice to the Company as listed in Section 19.15. If
City determines that Company is liable for Violation Use Fee, the City assesses the Violation Use Fee by
setting forth the nature of the violation and the amount of the assessment. Within ten (10) days of the notice
of violation date, Company may appeal the violation as provided in C.C.C. chapter 46 or must pay the
Violation Use Fee.
18.3
Public Safety Violations; Civil Sanctions. In addition to imposing a Violation Use Fee, as provided in
C.C.C. chapter 46 the City Manager may issue notices of violation of this Agreement and may take those
measures necessary to promote, preserve, and protect public health, safety, and welfare within the public right-
of- way. The City Manager may issue a warning for Company’s first violation under this section. The City
Manager will issue notice to the Company as listed in Section 19.15, and Company’s violation may result in a
civil sanction as provided in C.C.C. chapter 46. For continuing violations within a 24-hour period, each
calendar day is considered a separate period for civil sanctions.
18.4
Civil Action for Violations. These remedies are cumulative, and the City may proceed under one or
more remedies. Any party who causes, permits, facilitates, or aids or abets any violation of any provision of
this section or who fails to perform any act or duty required by this section is subject to a civil sanction as
provided in
C.C.C. chapter 46.
SECTION 19. GENERAL CONDITIONS.
19.1
Agreement Administrator and Enforcement. In all matters of Agreement administration, the City
Manager has authority to determine Company’s compliance with the terms and provisions of this Agreement,
and in the event of non-compliance, to exercise any or all of the remedies provided in this Agreement and to
the full extent provided by law.
19.2
Right of Inspection of Construction. The City may inspect all construction or installation work
performed subject to the provisions of this Agreement and to make such tests as it deems necessary to
ensure compliance with the terms of this Agreement and other pertinent provisions of law.
19.3
Right of Intervention. The City may intervene in any suit or proceeding related to or arising out of
this Agreement to which Company is party, and Company may not oppose such intervention by the City.
19.4
Compliance With Laws. Company must comply with all federal, state, and City ordinances,
resolutions, rules, and regulations related to the rights and duties granted Company under this Agreement.
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19.5
No Recourse. Company has no recourse whatsoever against the City or its officials, boards,
commissions, agents, or employees for any loss, costs, expense, or damage arising out of any
provision, requirement, enforcement, or defect in this Agreement.
19.6
Non-Enforcement by the City. Company will not be relieved of its obligation to comply with any of
the provisions of this Agreement by reason of the City’s failure to insist upon or to seek compliance with any
term and condition.
19.7
Agreement Documents. Company must submit to the City the letter of credit and insurance
certificates as required by the Agreement within 30 days of the Effective Date. The Agreement granted is not
legally operative until all of Company’s requirements in this Section are completed. In the event Company does
not timely satisfy these, this Agreement will be deemed null and void unless Company’s time period to comply
is extended by the Council.
19.8
Survival of Warranties. Company’s representations and warranties made as part of the grant of this
Agreement, or any permit issued under this Agreement, survive termination or revocation of this Agreement.
19.9
Right of Cancellation. Company acknowledges that this Agreement is subject to cancellation by the City
under A.R.S. § 38-511.
19.10
Covenant Against Contingent Fees. Company warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee; and that no member of the City Council or any employee of the City
has any interest, financially or otherwise, in this Agreement. For breach or violation of this warranty, the City
has the right to annul this Agreement without liability, or at its discretion to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
19.11
Independent Contractor. Any provision in this Agreement that may appear to give the City the right
to direct Company or Company the right to direct the City as to the details of accomplishing the work or to
exercise a measure of control over the work means that the party will follow the wishes of the other party as to
the results of the work only.
19.12
Governing Law; Jurisdiction. Arizona law governs this Agreement, both as to interpretation and
performance. Any action at law, suit in equity, or judicial proceeding to enforce this Agreement must be
instituted in Maricopa County, Arizona courts.
19.13
Delivery, Procedure of Notices and Communications. All notices, consent, or other
communication under this Agreement must be in writing and: (i) delivered in person; or (ii) deposited in the
United States mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) deposited
with any commercial air courier or express service and addressed as follows:
To City:
To Company:
City of Chandler
New Cingular Wireless PCS, LLC
P.O. Box 4008, Mail Stop 405
Attn: TAG-LA
Chandler, Arizona 85244-4008
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
Phone: (480) 782-3000
Re: Cell Site Name: Cooper & Queen Creek (AZ)
Cell Site #: AZPHU0707
Phone: 800 264-6620
Fixed Asset #: 10093416
e-mail: tuf@chandleraz.gov
Site: SRP Cooper Substation
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With a copy to:
With a copy to:
City of Chandler
New Cingular Wireless PCS, LLC
Office of the City Attorney
Attn: Legal Department
P.O. Box 4008, Mail Stop 602
208 S. Akard Street
Chandler, Arizona 85224-4008
Dallas, TX 75202-4206
Re: Cell Site Name: Cooper & Queen Creek (AZ)
Cell Site #: AZPHU0707
Fixed Asset #: 10093416
And with a copy to:
New Cingular Wireless PCS, LLC
AZ/NM Network Property Management
1355 W. University Drive
Mesa, AZ 85201-5419
Re: Cell Site Name: Cooper & Queen Creek
Cell Site #: AZPHU0707
Fixed Asset #: 10093416
Notice will be deemed received at the time it is personally served, on the second day after its deposit with any
commercial air courier or express service or, if mailed, three (3) calendar days after the notice is deposited in
the United States mail as above provided. Any time period stated in a notice will be computed from the time
the notice is deemed received unless noted otherwise. Any party may change its mailing address, phone
number, email address or the person to receive notice by notifying the other party as provided in this Section.
Notices sent by electronic mail must also be sent by regular mail to the recipient at the above address. This
requirement for duplicate notice is not intended to change the effective date of the notice sent by electronic
mail.
19.14 Organization/Employment Disclaimer. This Agreement is not intended to constitute, create, give
rise to, or otherwise recognize a joint venture, agreement, or relationship, partnership, or formal business
organization of any kind, and the rights and obligations of the Parties will be only those expressly set forth in
this Agreement.
19.15 Entire Agreement; Amendment; Waivers. This Agreement, and the below listed exhibits which are
incorporated herein by this reference and are attached and/or on file at the City and available for inspection,
constitute the entire agreement between the City and Company with respect to the transactions contemplated
therein and supersede all prior negotiations, communications, discussions, and correspondence, whether
written or oral, concerning the subject matter hereof. No supplement, modification, or amendment of any
term of this Agreement will be deemed binding or effective unless executed in writing by the Parties. No
waiver of any of the provisions of this Agreement will be deemed, or will constitute, a waiver of any other
provisions, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver is binding
unless expressly executed in writing by the Party making the waiver.
Exhibit “A” – Site Drawings
Exhibit “B” – Use Area or Legal Description
Exhibit “C” – Chandler Department Approval
Form Exhibit “D” – Form Letter of Credit
Exhibit “E” – Assumption Wireless Use Agreement
Exhibit “F” – Extension of Wireless Use Agreement
19.16
Right of Parties. Nothing in this Agreement, whether express or implied, is intended to confer any
right or remedies under or by reason of this Agreement on any persons other than the Parties to this
Agreement and their respective successors and permitted assigns, nor is anything in this Agreement intended
to relieve or discharge any obligation or liability of any person who is not a party to this Agreement, nor will
any provisions in this Agreement give any persons not a party to this Agreement any right of subrogation or
action over or against any Party to this Agreement.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 24 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
19.17
Construction. This Agreement is the result of negotiations between the Parties, none of whom has
acted under any duress or compulsion, whether legal, economic, or otherwise. Accordingly, the terms and
provisions of this Agreement will be construed in accordance with their usual and customary meanings. The
Parties hereby waive the application of any rule of law that otherwise would be applicable in connection with the
construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against
the party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same. Unless
the context of this Agreement otherwise clearly requires, references to the plural include the singular and the
singular the plural. The words "hereof,” "herein," "hereunder" and similar terms in this Agreement refer to this
Agreement as a whole and not to any particular provision of this Agreement. All references to "Sections"
herein refer to the sections and paragraphs of this Agreement unless specifically stated otherwise. The
section and other headings contained in this Agreement are inserted for convenience of reference only, and
they neither form a part of this Agreement nor are they to be used in the construction or interpretation of this
Agreement.
19.18
Severability. If any covenant, condition, term, or provision of this Agreement is held to be illegal, or if
the application of this Agreement to any person or in any circumstances to any extent be judicially determined
to be invalid or unenforceable, the remainder of this Agreement or the application of such covenant, condition,
term, or provision to persons or in circumstances other than those to which it is held invalid or unenforceable,
must not be affected, and each covenant, term, and condition of this Agreement is valid and enforceable to the
fullest extent permitted by law.
19.19
Cooperation and Further Documentation. Each of the Parties agree to provide the other with such
additional and other duly executed documents as are reasonably requested to fulfill the intent of this
Agreement.
19.20
Force Majeure. For the purpose of any of the provisions of this Agreement, neither Company nor the
City, as the case may be, will be considered in breach of or in default of their obligations under this Agreement
as a result of the enforced delay in performance of such obligations due to unforeseeable causes beyond its
control and without its fault or negligence, including, but not limited to: acts of God, acts of the public enemy,
acts of the Federal Government, acts of the Salt River Project, acts of Maricopa County, acts of the State of
Arizona or any of its departments, acts of any railroad, fire, floods, epidemics, strikes, lock outs, freight
embargoes, and unusually severe weather; it being the purpose and intent of this provision that in the
occurrence of any such enforced delay, the time for performance of Company’s and the City’s obligations, as
the case may be, will be extended for the period of the enforced delay, provided that the party seeking the
benefit of this provision will- have notified the other party in writing of the cause or causes, and requested an
extension for the period of the enforced delay. If notice by the party claiming such extension is sent to the
other party more than 30 days after commencement of the cause, the period of delay will be deemed to
commence 30 days prior to the giving of such notice.
19.21
On-Call Assistance. Company must be available to staff employees of any City department having
jurisdiction over Company’s activities twenty-four (24) hours a day, seven (7) days a week, regarding problems
or complaints resulting from the installation, operation, maintenance, or removal of its Wireless Facilities. City
may
contact by telephone Company’s Network Operations Center at telephone number 800-638-2822
regarding such problems or complaints. In the event of a public emergency, pursuant to Sections 13.16 and 13.17,
the emergency contact can be reached at 800-638-2822.
19.22
Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract to any party
who fails, or whose contractors fail, to comply with A.R.S. § 23-214(A) in connection with this Agreement.
Therefore, Company and each contractor it uses warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with§ 23-214, subsection A in connection with this
Agreement. A breach of this warranty will be deemed a material breach of this Agreement and may be subject to
penalties up to and including revocation of the Agreement. City retains the legal right to inspect the papers of
Company’s or contractor’s employees who provide services under this Agreement to ensure that Company and
its contractors comply with this warranty.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 25 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
19.23
Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit the City from awarding a contract
to any natural person who cannot establish that such person is lawfully present in the United States. To establish
lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that
the identification provided is genuine. This requirement will be imposed at the time of contract award. This
requirement does not apply to business organizations such as corporations, partnerships, or limited liability
companies.
19.24
Written Acceptance. Company’s execution of this Agreement constitutes Company’s acceptance of this
Agreement as granted and its agreement to be bound by and to comply with the terms and conditions of this
Agreement. Company’s signature must be acknowledged by Company before a notary public.
19.25
Data Confidentiality and Data Security. As used in this Agreement, data means all information, whether
written or verbal, including plans, photographs, studies, investigations, audits, analyses, samples, reports,
calculations, internal memos, meeting minutes, data field notes, work product, proposals, correspondence and
any other similar documents or information prepared by, obtained by, or transmitted to Company as part of the terms
and conditions of
this Agreement. Except as specifically provided in this Agreement, Company must not divulge
confidential data provided by City to Company and clearly marked confidential to any third party without the City’s
prior written consent. These prohibitions do not apply to the following data: (i) data which was known to the Company
prior to the Effective Date or is publicly available; or (ii) data which was acquired by the Company in its performance
under this Agreement and which was disclosed to the Company by a third party, who to the best of the Company’s
knowledge and belief, had the legal right to make such disclosure and the Company is not otherwise required to
hold such data in confidence; or (iii) data which is required to be disclosed by virtue of law, regulation, or court order,
to which the Company is subject. Company assumes all liability to maintain the confidentiality of City’s confidential
data in Company’s possession. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this
Section must be deemed to cause irreparable harm that justifies injunctive relief in court.
19.26
Authority. Each party represents to the other that the person signing on its behalf has the legal right and
authority to execute, enter, and bind such party to the commitments and obligations set forth herein.
Remainder of page left intentionally blank.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 26 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
IN WITNESS WHEREOF, the Parties duly execute and agree to be bound by this Agreement as of the Effective Date.
City of Chandler, an Arizona municipal
corporation
New Cingular Wireless PCS, LLC, a Delaware limited
liability company
By: AT&T Mobility Corporation, its Manager
By:
By:
MAYOR/AUTHORIZED STAFF
Signature
Print Name:
Title
APPROVE AS TO FORM:
City Attorney
ATTEST:
City Clerk
SEAL
COMPANY’S ACKNOWLEDGEMENT (Required by Sections 6.1 & 19.26 of the Agreement)
STATE OF
)
) ss:
COUNTY OF
)
On
the
_____
day
of
___________________,
20___,
before
me
personally
appeared
___________________, who acknowledged under oath that he/she is the _____________________ of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached
instrument, and as such was authorized to execute this instrument on behalf of the Tenant.
Notary Public:
My Commission Expires:
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
Assoc. Director
Misty Snowden
SRP Cooper Substation Site
Page 27 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “A”
SITE DRAWINGS
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
PROJECT INFORMATION:
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
SITE INFORMATION
PROJECT TEAM
VICINITY MAP
DRIVING DIRECTIONS
FROM AT&T OFFICE: 1355 WEST UNIVERSITY DRIVE, MESA, AZ 85201-5419:
CODE COMPLIANCE
NOT TO SCALE
CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB
SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT/ENGINEER IN WRITING OF ANY
DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME.
THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE
AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT
DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR
TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED.
PDF DRAWING ISSUED AS 24X36 SHALL BE PRINTED 50% SCALE CENTERED ON PAGE FOR 11X17
PRINTS. PDF DRAWINGS ISSUED 11X17 SHALL BE PRINTED 100% CENTERED.
DO NOT SCALE DRAWINGS
GENERAL NOTES
R
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Call at least two full working days
before you begin excavation.
Arizona Blue Stake, Inc.
ARIZONA
BUILDING CODE: INTERNATIONAL BUILDING CODE 2018 (WITH CITY AMENDMENTS)
ELECTRICAL CODE:
NATIONAL ELECTRICAL CODE 2017 (WITH CITY AMENDMENTS)
LIGHTNING PROTECTION CODE: NFPA 780 - 2000, LIGHTNING PROTECTION CODE
RFDS DATA
SUBCONTRACTOR'S WORK SHALL COMPLY WITH ALL APPLICABLE NATIONAL, STATE, AND LOCAL
CODES AS ADOPTED BY THE LOCAL AUTHORITY HAVING JURISDICTION (AHJ) FOR THE LOCATION.
THE EDITION OF THE AHJ ADOPTED CODES AND STANDARDS IN EFFECT ON THE DATE OF CONTRACT
AWARD SHALL GOVERN THE DESIGN.
FOR ANY CONFLICTS BETWEEN SECTIONS OF LISTED CODES AND STANDARDS REGARDING
MATERIAL, METHODS OF CONSTRUCTION, OR OTHER REQUIREMENTS, THE MOST RESTRICTIVE
REQUIREMENT SHALL GOVERN. WHERE THERE IS CONFLICT BETWEEN A GENERAL REQUIREMENT
AND A SPECIFIC REQUIREMENT, THE SPECIFIC REQUIREMENT SHALL GOVERN.
CLIENT REPRESENTATIVE
PROJECT OWNER
PROFESSIONAL OF RECORD
FIELD DATA SUMMARY
PROJECT DESCRIPTION
JURISDICTIONAL APPROVAL
AT&T (RF):
DATE:
AT&T (CONST.):
DATE:
AT&T (SAM):
DATE:
LANDLORD:
DATE:
LANDLORD:
DATE:
APPROVALS
DESIGN PACKAGE BASED ON RF DATA SHEET
SHEET
T-1
DESCRIPTION
TITLE SHEET
A-2
SITE PLAN
EQUIPMENT AND ANTENNA LAYOUTS
A-1
A-3
ELEVATIONS - EXISTING AND NEW
ELECTRICAL PANEL
E-1
CONTRACTOR TO REFERENCE PACKAGE "B" FOR SCHEMATICS, WIRING DIAGRAMS AND DETAILS.
DC PANEL SCHEDULE
E-2
ANTENNA SWAP
NUMBER OF EXISTING 7/8" COAX CABLES
NUMBER OF EXISTING DC TRUNK CABLES
NUMBER OF EXISTING FIBER TRUNK CABLES
DISTANCE OF FIBER/COAX RUN
FIBER PROVIDER
CIRCUIT ID
YES
18
0
0
145'-0"
T.B.D.
T.B.D.
GROUNDING PLANS
E-3
RFDS NAME:
AZL00707
REVISION:
V1.00
DATE:
06/09/2022 1:04:12 PM
NUMBER OF SECTORS:
3
NUMBER OF ANTENNAS:
6
NUMBER OF TMA UNITS:
6
NUMBER OF RRH UNITS:
9
NUMBER OF WCS FILTERS:
1
NUMBER OF TWIN TRIPLEXERS:
6
NUMBER OF RF CABLES:
12
NUMBER OF FIBER/DC SQUIDS:
1
NUMBER OF DC SQUIDS:
0
NUMBER OF TRUNK CABLES:
1
NUMBER OF DC TRUNK CABLES:
3
NUMBER OF RET LINES:
1
AT&T
FA: 10093416 USID: 84291
COMPANY:
AT&T
ADDRESS:
1355 WEST UNIVERSITY DRIVE
CITY, STATE, ZIP:
MESA, AZ 85201-5419
COMPANY:
SMARTLINK, GROUP
ADDRESS:
8767 E. VIA DE VENTURA, SUITE 200
CITY, STATE, ZIP:
SCOTTSDALE, AZ 85258
CONTACT:
JOHN TISHUCK
PHONE:
(480) 262-6316
E-MAIL:
JOHN.TISHUCK@SMARTLINKGROUP.COM
COMPANY:
SMARTLINK, GROUP
ADDRESS:
8767 E. VIA DE VENTURA, SUITE 200
CITY, STATE, ZIP:
SCOTTSDALE, AZ 85258
CONTACT:
RACHAEL CARSON
PHONE:
(602) 793-8101
E-MAIL:
RACHAEL.CARSON@SMARTLINKGROUP.COM
THIS PROJECT WILL BE COMPRISED OF:
CHANGES ON THE EXISTING AT&T ANTENNA ARRAY:
·
POSITION (1) - REPLACE (1) EXISTING ANTENNA WITH (2) NEW AT&T ANTENNAS WITH INTEGRATED
RRH UNIT PER SECTOR, (3) SECTORS, (6) TOTAL
·
POSITION (3) - REPLACE (1) EXISTING ANTENNA WITH NEW AT&T ANTENNA PER SECTOR, (3)
SECTORS, (3) TOTAL
·
POSITION (2) - REMOVE (1) EXISTING ANTENNA PER SECTOR, (3) SECTORS, (3) TOTAL
·
POSITION (1) - REMOVE (1) EXISTING TMA UNIT PER SECTOR, (3) SECTORS, (3) TOTAL
·
INSTALL (1) NEW DC9 SQUID
·
INSTALL (1) NEW 24 PAIR FIBER TRUNK CABLE
·
INSTALL (3) NEW 6AWG DC TRUNK CABLES
·
REMOVE (18) 7/8" COAX CABLES
·
INSTALL (12) NEW 7/8" COAX CABLES
CHANGES IN THE EXISTING AT&T EQUIPMENT ENCLOSURE AREA:
·
INSTALL (1) NEW BATTERY RACK
AC/DC SCOPE:
DC POWER PLAN REVIEW:
·
EXISTING EMERSON NETSURE 7100 -48VDC POWER PLANT [NEQ.19736] OUTFITTED WITH (10) HE
2KW -48VDC RECTIFIERS [NEQ. 15930] & (4) HE 1.5KW -48VDC/+24VDC CONVERTER MODULES
[NEQ.15929]. INSTALL (1) ADDITIONAL HE 2KW -48VDC RECTIFIER [NEQ. 15930] TO MEET N+1
REQUIREMENT.
·
INSTALL THE FOLLOWING DC BREAKERS:
··
(6) 40A [NEQ.00185] AEQ SERIES
BATTERY CHECK:
·
BATTERY RESERVE CAPACITY: (12) EXISTING EXIDE GNB MARATHON HIGH TEMP BATTERIES 180AH
[NEQ.19872] MOUNTED BELOW EXISTING NETSURE™ DC POWER SYSTEM. CONTRACTOR TO
INSTALL (2) ADDITIONAL STRING OF EXIDE GNB MARATHON HIGH TEMP BATTERIES 180AH
[NEQ.19872] CONFIGURED AS (4) CELLS PER STRING @ -48VDC NOMINAL IN NEW NETSURE™ VRLA
BATTERY RACK. FIVE BATTERY STRINGS WILL PROVIDE 4.4 HOURS OF BATTERY BACKUP.
·
NO STANDBY GENERATOR, MINIMUM REQUIRED BATTERY BACKUP TIME IS 4.0 HOURS.
A/C PANEL REVIEW:
·
SEE PANEL SCHEDULES
HVAC UNITS:
·
SITE HAS TWO EXISTING 5-TON WALL HVAC UNITS, WHICH ARE SUFFICIENT.
NOTE:
-CONTRACTOR TO FIELD VERIFY ALL QUANTITIES AND LENGTHS.
-DRAWINGS BASED ON PRIOR PERMITTED DRAWINGS SCOPE OF WORK.
-SITE WALK HAS NOT BEEN PERFORMED.
LATITUDE:
33° 15' 34.18992" N
LONGITUDE:
-111° 48' 23.78016" W
LAT./LONG. TYPE:
NAD 83
GROUND ELEVATION:
N/A
APN #:
303-43-017C
AREA OF CONSTRUCTION:
EXISTING
ZONING/JURISDICTION:
CITY OF CHANDLER
CURRENT ZONING:
AG-1
COUNTY:
MARICOPA
EXISTING USE:
UNMANNED TELECOMMUNICATIONS FACILITY
HANDICAP REQUIREMENTS:
FACILITY IS UNMANNED AND NOT FOR HUMAN
HABITATION. HANDICAPPED ACCESS NOT REQUIRED.
PROPERTY OWNER
COMPANY:
SRP TELECOM
ADDRESS:
PO BOX 52025
CITY, STATE, ZIP:
PHOENIX, AZ 85042-2025
CONTACT:
MATTHEW LUDICK
PHONE:
(602) 236-2844
TOWER OWNER
COMPANY:
SRP TELECOM
ADDRESS:
PO BOX 52025
CITY, STATE, ZIP:
PHOENIX, AZ 85042-2025
CONTACT:
MATTHEW LUDICK
PHONE:
(602) 236-2844
TAKE HEAD NORTH ON N STANDAGE TOWARDS W UNIVERSITY DR, TURN LEFT AT THE 1ST CROSS STREET ONTO W UNIVERSITY DR, USE THE LEFT 2 LANES TO TURN LEFT ONTO S PRICE RD, USE THE LEFT
2 LANES TO TAKE THE ARIZONA 101 LOOP S SLIP ROAD, CONTINUE ON AZ-101 LOOP S. TAKE AZ-202 LOOP E TO S MCQUEEN RD IN CHANDLER. TAKE EXIT 46 FROM AZ-202 LOOP E, MERGE ONTO AZ-101
LOOP S, USE THE LEFT 2 LANES TO TAKE THE EXIT TOWARDS AZ-202 LOOP E, CONTINUE ONTO EXIT 61C (SIGNS FOR ARIZONA 202 LOOP E), MERGE ONTO AZ-202 LOOP E, TAKE EXIT 46 FOR MCQUEEN RD,
FOLLOW S MCQUEEN RD AND E QUEEN CREEK RD TO S COOPER RD, USE THE RIGHT 2 LANES TO TURN RIGHT ONTO S MCQUEEN RD, TURN LEFT ONTO E QUEEN CREEK RD, TURN RIGHT ONTO S COOPER
RD, MAKE A U-TURN AT E JADE PL, SITE WILL BE ON THE RIGHT.
C-BAND PTN: 3901A0YWGM
5G NR RADIO PTN: 3901A107KZ
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
T-1
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
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44749
TIM ALEXANDER
A
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,
A
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EXPIRES, 30 JUN 2024
TITLE
SHEET
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
EXISTING AT&T
EQUIPMENT SHELTER
AT&T ANTENNA ARRAY ON
EXISTING UTILITY POLE
APN NO: 303-43-017C
ZONING: PAD
APN NO: 303-43-017F
ZONING: PAD
APN NO: 303-43-532
ZONING: PAD
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
S COOPER RD
E MARKWOOD DR
18'-0"
127'-0"
APN NO: 303-43-532
ZONING: PAD
(E) EQUIPMENT
SHELTER
(BY OTHERS)
(E) BUILDING (BY OTHERS)
(E) WALL
(E) EQUIPMENT AREA
(BY OTHERS)
(E) GATE
(E) GATE
E DESERT BROOM DR
(E) GATE
(E) EQUIPMENT
(BY OTHERS)
9'-0"
(E) CHAINLINK FENCE
(E) SUBSTATION
APN NO: 303-42-018C
ZONING: AG-1
APN NO: 303-43-017F
ZONING: PAD
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
N
1
20'
10'
0"
20'
22"x34" SCALE: 1" = 20'-0"
11"x17" SCALE: 1" = 40'-0"
R
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Call at least two full working days
before you begin excavation.
Arizona Blue Stake, Inc.
ARIZONA
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
A-1
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
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44749
TIM ALEXANDER
A
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EXPIRES, 30 JUN 2024
SITE
PLAN
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
(E) MGB
(E) 5 TON
HVAC
(E) GPS ANTENNA
(E) COAX
ENTRY PORT
(E) AT&T SHELTER
ACCESS DOOR
(E) MAIN DISCONNECT
(E) MANUAL
TRANSFER SWITCH
(E) GSM CABINET
(E) UMTS CABINET
(E) AC PANEL
(E) 5 TON
HVAC
(E) NETSURE 7100
POWER PLANT
(E) FIF RACK
(E) LTE FIF RACK
(E) A/C CONTROL
(E) TELCO
BOARD
(E) LTE GPS
ANTENNA
(E) METER
(E) NEMA
BOX
20'-4"
12'-1"
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
(E) MGB
(E) 5 TON
HVAC
(E) GPS ANTENNA
(E) COAX
ENTRY PORT
(E) AT&T SHELTER
ACCESS DOOR
(E) MAIN DISCONNECT
(E) MANUAL
TRANSFER SWITCH
(E) GSM CABINET
(E) UMTS CABINET
(E) AC PANEL
(E) 5 TON
HVAC
(E) NETSURE 7100
POWER PLANT
(E) FIF RACK
(E) LTE FIF RACK
(E) A/C CONTROL
(E) TELCO
BOARD
(E) LTE GPS
ANTENNA
(E) METER
(E) NEMA
BOX
20'-4"
12'-1"
EQUIPMENT PLAN - NEW
ANTENNA LAYOUT - EXISTING
ANTENNA LAYOUT - NEW
EQUIPMENT PLAN - EXISTING
4
3
1'
0"
1'
22"x34" SCALE: 3/4" = 1'-0"
11"x17" SCALE: 3/8" = 1'-0"
6"
2
1
2'
0"
2'
22"x34" SCALE: 3/8" = 1'-0"
11"x17" SCALE: 3/16" = 1'-0"
1'
2'
0"
2'
22"x34" SCALE: 3/8" = 1'-0"
11"x17" SCALE: 3/16" = 1'-0"
1'
N
N
N
N
CABLE COUNT:
-(12) EXISTING 7/8" COAX CABLES TO BE REPLACED
-(6) EXISTING 7/8" COAX CABLES TO BE REMOVED
-(1) EXISTING RET CABLE
NOTE:
·
DIMENSIONS ARE SAME FOR ALL SECTORS
1'
0"
1'
22"x34" SCALE: 3/4" = 1'-0"
11"x17" SCALE: 3/8" = 1'-0"
6"
NOTE:
·
DIMENSIONS ARE SAME FOR ALL SECTORS
CABLE COUNT:
-(12) NEW 7/8" COAX CABLES
-(1) EXISTING RET CABLE
-(1) NEW 24 PAIR FIBER TRUNK CABLE
-(3) NEW 6AWG DC TRUNK CABLES
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER
EXISTING AT&T (6) STACKED TWIN
TRIPLEXERS MOUNTED TO (E)
CABLE LADDER TO INTERIOR OF
EXISTING EQUIPMENT SHELTER
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER
NOTE:
·
CABLE LADDER NOT SHOWN FOR CLARITY
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER TO REMAIN
EXISTING AT&T (6) STACKED TWIN
TRIPLEXERS MOUNTED TO (E)
CABLE LADDER TO INTERIOR OF
EXISTING EQUIPMENT SHELTER TO
REMAIN
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER TO REMAIN
(12) EXISTING EXIDE GNB MARATHON HIGH
TEMP BATTERIES 180AH [NEQ.19872]
MOUNTED BELOW EXISTING NETSURE™ DC
POWER SYSTEM. CONTRACTOR TO
INSTALL(2) ADDITIONAL STRING OF EXIDE
GNB MARATHON HIGH TEMP BATTERIES
180AH [NEQ.19872] CONFIGURED AS (4)
CELLS PER STRING @ -48VDC NOMINAL IN
NEW NETSURE™ VRLA BATTERY RACK
(N)
BATTERY
RACK
EXISTING EMERSON NETSURE 7100 -48VDC
POWER PLANT [NEQ.19736] OUTFITTED WITH
(10) HE 2KW -48VDC RECTIFIERS [NEQ. 15930] &
(4) HE 1.5KW -48VDC/+24VDC CONVERTER
MODULES [NEQ.15929]. INSTALL (1) ADDITIONAL
HE 2KW -48VDC RECTIFIER [NEQ. 15930] TO
MEET N+1 REQUIREMENT.
INSTALL THE FOLLOWING DC BREAKERS:
(6) 40A [NEQ.00185] AEQ SERIES
(1) NEW 24 PAIR FIBER TRUNK CABLE
(3) NEW 6AWG DC TRUNK CABLES
-ROUTED ALONG CABLE LADDER
240° AZIMUTH
120° AZIMUTH
4'-0"
6"
1'-6"
EXISTING UTILITY POLE
EXISTING AT&T ANTENNA ARRAY,
(3) ANTENNAS PER SECTOR,
(3) SECTORS, (9) TOTAL
-POSITION (1) - TO BE REPLACED
-POSITION (2) - TO BE REMOVED
-POSITION (3) - TO BE REPLACED
0° AZIMUTH
EXISTING AT&T TMA UNITS, (3) PER
SECTOR, (3) SECTORS, (9) TOTAL
-POSITION (1) - (1) TO BE REMOVED
-POSITION (2) - EMPTY
-POSITION (3) - (2) TO REMAIN
(2)
(1)
(2)
(1)
(2)
(1)
(3)
1'-6"
6"
(3)
(3)
240° AZIMUTH
120° AZIMUTH
4'-7"
1'-6"
3'-0"
EXISTING UTILITY POLE
AT&T ANTENNA ARRAY,
(3) ANTENNAS PER SECTOR,
(3) SECTORS, (9) TOTAL
-POSITION (1) - (2) NEW STACKED
AT&T ANTENNAS WITH INTEGRATED
RRH UNIT
-POSITION (2) - EMPTY
-POSITION (3) - NEW AT&T ANTENNA
0° AZIMUTH
AT&T TMA UNITS, (2) PER SECTOR,
(3) SECTORS, (6) TOTAL
-POSITION (1) - EMPTY
-POSITION (2) - EMPTY
-POSITION (3) - (2) EXISTING
(2)
(1)
(2)
(1)
(2)
(1)
(3)
(3)
(3)
NEW (1) AT&T DC9 SQUID
4"
9"
5'-11"
5"
(1) EXISTING WCS FILTER
TO REMAIN
(1) EXISTING WCS FILTER
EXISTING EMERSON NETSURE 7100 -48VDC
POWER PLANT [NEQ.19736] OUTFITTED WITH
(10) HE 2KW -48VDC RECTIFIERS [NEQ. 15930] &
(4) HE 1.5KW -48VDC/+24VDC CONVERTER
MODULES [NEQ.15929].
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
A-2
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
a
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fo
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c
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(E
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I
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A
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44749
TIM ALEXANDER
A
N
O
Z
I
R
A
,
A
U
S
A
.
.
.
EXPIRES, 30 JUN 2024
EQUIPMENT LAYOUT
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
EXISTING GRADE = 0'-0"
EXISTING GRADE = 0'-0"
ELEVATIONS
EXISTING & NEW
WEST ELEVATION - NEW
1
2
4'
0"
4'
22"x34" SCALE: 3/16" = 1'-0"
11"x17" SCALE: 3/32" = 1'-0"
2'
4'
0"
4'
22"x34" SCALE: 3/16" = 1'-0"
11"x17" SCALE: 3/32" = 1'-0"
2'
WEST ELEVATION - EXISTING
NOTE:
·
DIMENSIONS ARE SAME FOR ALL SECTORS
72'-0" TOP OF EXISTING AT&T ANTENNA ARRAY
68'-0" RAD CENTER OF EXISTING AT&T ANTENNA ARRAY
EXISTING AT&T EQUIPMENT SHELTER
(BEYOND WALL)
EXISTING UTILITY POLE
EXISTING CMU WALL
EXISTING POWER LINES
EXISTING AT&T ANTENNA ARRAY,
(3) ANTENNAS PER SECTOR,
(3) SECTORS, (9) TOTAL
-POSITION (1) - TO BE REPLACED
-POSITION (2) - TO BE REMOVED
-POSITION (3) - TO BE REPLACED
EXISTING AT&T TMA UNITS, (3) PER
SECTOR, (3) SECTORS, (9) TOTAL
(BEHIND ANTENNAS)
-POSITION (1) - (1) TO BE REMOVED
-POSITION (2) - EMPTY
-POSITION (3) - (2) TO REMAIN
72'-0" TOP OF MODIFIED AT&T ANTENNA ARRAY
68'-0" RAD CENTER OF MODIFIED AT&T ANTENNA ARRAY
EXISTING AT&T EQUIPMENT SHELTER
(BEYOND WALL)
EXISTING UTILITY POLE
EXISTING CMU WALL
EXISTING POWER LINES
AT&T TMA UNITS, (2) PER SECTOR,
(3) SECTORS, (6) TOTAL
(BEHIND ANTENNAS)
-POSITION (1) - EMPTY
-POSITION (2) - EMPTY
-POSITION (3) - (2) EXISTING
NEW (1) AT&T DC9 SQUID
NOTE:
·
DIMENSIONS ARE SAME FOR ALL SECTORS
GPS ANTENNA, (TYP.)
AT&T ANTENNA ARRAY, (3) ANTENNAS
PER SECTOR, (3) SECTORS, (9) TOTAL
-POSITION (1) - (2) NEW STACKED AT&T
ANTENNAS WITH INTEGRATED RRH UNIT
-POSITION (2) - EMPTY
-POSITION (3) - NEW AT&T ANTENNA
CABLE COUNT:
-(12) EXISTING 7/8" COAX CABLES TO BE REPLACED
-(6) EXISTING 7/8" COAX CABLES TO BE REMOVED
-(1) EXISTING RET CABLE
CABLE COUNT:
-(12) NEW 7/8" COAX CABLES
-(1) EXISTING RET CABLE
-(1) NEW 24 PAIR FIBER TRUNK CABLE
-(3) NEW 6AWG DC TRUNK CABLES
(12) EXISTING 7/8" COAX CABLES TO BE REPLACED
(6) EXISTING 7/8" COAX CABLES TO BE REMOVED
(1) EXISTING RET CABLE
CABLE FEEDER LENGTH ±145'-0"
(12) NEW 7/8" COAX CABLES
(1) EXISTING RET CABLE
(1) NEW 24 PAIR FIBER TRUNK CABLE
(3) NEW 6AWG DC TRUNK CABLES
CABLE FEEDER LENGTH ±145'-0"
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
A-3
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
a
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fo
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c
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I
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A
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.
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.
.
.
44749
TIM ALEXANDER
A
N
O
Z
I
R
A
,
A
U
S
A
.
.
.
EXPIRES, 30 JUN 2024
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
ELECTRICAL PANELS
EXISTING A/C PANEL
'OTHER' LISTED ABOVE CONTAIN INSTRUCTIONS TO FILL
OUT PANEL SCHEDULE SPREADSHEET. THEY ARE FOR
NOT SUBJECT TO PERMIT REVIEW
NOT TO
SCALE
NOT TO
SCALE
1
2
MODIFIED EXISTING A/C PANEL
'OTHER' LISTED ABOVE CONTAIN INSTRUCTIONS TO FILL
OUT PANEL SCHEDULE SPREADSHEET. THEY ARE FOR
NOT SUBJECT TO PERMIT REVIEW
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
E-1
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
a
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n
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in
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is
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fo
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44749
TIM ALEXANDER
A
N
O
Z
I
R
A
,
A
U
S
A
.
.
.
EXPIRES, 30 JUN 2024
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
DC PANEL
SCHEDULE
DC PANEL SCHEDULE EMERSON NETSURETM 7100 BREAKER SCHEDULE
NOT TO
SCALE
1
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
E-2
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
a
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f
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(E
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.
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44749
TIM ALEXANDER
A
N
O
Z
I
R
A
,
A
U
S
A
.
.
.
EXPIRES, 30 JUN 2024
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
AISG / RET
COM
DIP S/W
700+850MHz (P1)
WCS (P4)
AWS (P3)
AISG IN
PCS (P2)
UP
TOP
UP
BOTTOM
(E) MGB
(E) 5 TON
HVAC
(E) GPS ANTENNA
(E) COAX
ENTRY PORT
(E) AT&T SHELTER
ACCESS DOOR
(E) MAIN DISCONNECT
(E) MANUAL
TRANSFER SWITCH
(E) GSM CABINET
(E) UMTS CABINET
(E) AC PANEL
(E) 5 TON
HVAC
(E) NETSURE 7100
POWER PLANT
(E) FIF RACK
(E) LTE FIF RACK
(E) A/C CONTROL
(E) TELCO
BOARD
(E) LTE GPS
ANTENNA
(E) METER
(E) NEMA
BOX
GROUNDING PLANS
N
ANTENNA GROUNDING PLAN - NEW
1'
0"
1'
22"x34" SCALE: 3/4" = 1'-0"
11"x17" SCALE: 3/8" = 1'-0"
6"
1
2
EXOTHERMIC CONNECTION
MECHANICAL CONNECTION
ANTENNA GROUND BAR
MASTER GROUND BAR
LEGEND
NOTE:
·
ALL NEW EQUIPMENT MUST BE GROUNDED TO
GROUND RING OR HALO PER AT&T SPECIFICATIONS
·
CONTRACTOR TO REPLACE ALL MISSING GROUND
BARS AND GROUNDING CONNECTIONS AS REQUIRED.
EQUIPMENT GROUNDING PLAN - NEW
EXOTHERMIC CONNECTION
MECHANICAL CONNECTION
ANTENNA GROUND BAR
MASTER GROUND BAR
LEGEND
NOTE:
·
ALL NEW EQUIPMENT MUST BE GROUNDED TO
GROUND RING OR HALO PER AT&T SPECIFICATIONS
·
CONTRACTOR TO REPLACE ALL MISSING GROUND
BARS AND GROUNDING CONNECTIONS AS REQUIRED.
2'
0"
2'
22"x34" SCALE: 3/8" = 1'-0"
11"x17" SCALE: 3/16" = 1'-0"
1'
240° AZIMUTH
120° AZIMUTH
EXISTING UTILITY POLE
0° AZIMUTH
AT&T TMA UNITS, (2) PER SECTOR,
(3) SECTORS, (6) TOTAL
-POSITION (1) - EMPTY
-POSITION (2) - EMPTY
-POSITION (3) - (2) EXISTING
(2)
(1)
(2)
(1)
(2)
(1)
(3)
(3)
(3)
NEW (1) AT&T DC9 SQUID
(1) EXISTING WCS FILTER
AT&T ANTENNA ARRAY,
(3) ANTENNAS PER SECTOR,
(3) SECTORS, (9) TOTAL
-POSITION (1) - (2) NEW STACKED
AT&T ANTENNAS WITH INTEGRATED
RRH UNIT
-POSITION (2) - EMPTY
-POSITION (3) - NEW AT&T ANTENNA
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER
EXISTING AT&T (6) STACKED TWIN
TRIPLEXERS MOUNTED TO (E)
CABLE LADDER TO INTERIOR OF
EXISTING EQUIPMENT SHELTER
EXISTING AT&T RRH UNITS, (1) PER SECTOR,
(3) SECTORS, (3) TOTAL, MOUNTED
(STACKED) TO EXISTING UNISTRUT FRAME
ON INTERIOR WALL OF EXISTING
EQUIPMENT SHELTER
(12) EXISTING EXIDE GNB MARATHON HIGH
TEMP BATTERIES 180AH [NEQ.19872] MOUNTED
BELOW EXISTING NETSURE™ DC POWER
SYSTEM. CONTRACTOR TO INSTALL(2)
ADDITIONAL STRING OF EXIDE GNB
MARATHON HIGH TEMP BATTERIES 180AH
[NEQ.19872] CONFIGURED AS (4) CELLS PER
STRING @ -48VDC NOMINAL IN NEW
NETSURE™ VRLA BATTERY RACK
NEW (2) ROSENBERGER #2 GROUND WIRE PER
MFG. SPEC'S FOR ALL NEW INSTALLATIONS
(N)
BATTERY
RACK
EXISTING EMERSON NETSURE 7100 -48VDC
POWER PLANT [NEQ.19736] OUTFITTED WITH
(10) HE 2KW -48VDC RECTIFIERS [NEQ. 15930]
& (4) HE 1.5KW -48VDC/+24VDC CONVERTER
MODULES [NEQ.15929]. INSTALL (1)
ADDITIONAL HE 2KW -48VDC RECTIFIER
[NEQ. 15930] TO MEET N+1 REQUIREMENT.
INSTALL THE FOLLOWING DC BREAKERS:
(6) 40A [NEQ.00185] AEQ SERIES
NEW (2) ROSENBERGER #2 GROUND WIRE
PER MFG. SPEC'S FOR ALL NEW
INSTALLATIONS
(1) NEW 24 PAIR FIBER TRUNK CABLE
(3) NEW 6AWG DC TRUNK CABLES
-ROUTED ALONG CABLE LADDER
#2 AWG GROUND WIRE TO
EXISTING ANTENNA GROUND
BAR - TYPICAL PER ANTENNA
NEW (2) ROSENBERGER #2 GROUND
WIRE PER MFG. SPEC'S FOR ALL NEW
INSTALLATION
DRAWN BY:
CHECKED BY:
SHEET TITLE:
SHEET NUMBER:
REV.:
HI
3
THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS
PROPRIETARY & CONFIDENTIAL TO AT&T WIRELESS
ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO AT&T
WIRELESS IS STRICTLY PROHIBITED
MEW
DATE
PROJECT INFORMATION:
REVISION DESCRIPTION
08-09-2022
3
REV.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND
MATERIALS IN ACCORDANCE WITH MANUFACTURES
RECOMMENDATIONS AND SPEC'S, UNLESS SPECIFICALLY
STATED OTHERWISE, THE MANUFACTURES EQUIPMENT
INSTALLATION SPEC'S SHALL ALWAYS BE VERIFIED BY THE
CONTRACTOR BEFORE INSTALLATION
8767 E. VIA DE VENTURA
SUITE 200
SCOTTSDALE, AZ 85258
E-3
1355 WEST UNIVERSITY DRIVE
MESA, AZ 85201-5419
ISSUED FOR SUBMITTAL
3450 N HIGLEY RD - SUITE 102,
MESA, AZ 85215
P707 AZPHU0707 AZL00707
COOPER & QUEEN CREEK
3483 SOUTH COOPER ROAD
CHANDLER, AZ 85249
MARICOPA COUNTY
04-29-2021
0
PCD ISSUED FOR REVIEW
07-13-2022
1
RFDS UPDATE
07-29-2022
2
ISSUED FOR SUBMITTAL
AT&T
9 AUG 2022
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TIM ALEXANDER
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EXPIRES, 30 JUN 2024
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 28 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “B”
USE AREA OR LEGAL DESCRIPTION
(If not already included
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 29 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “C”
CHANDLER DEPARTMENT APPROVAL FORM FOR WIRELESS COMMUNICATION FACITLITES
ON PUBLIC PROPERTY
Wireless Company
_
Company Contact
Location of Site
Attach specifications of facilities and their location to this form.
I. Department Where Site is to be Located
□I hereby agree that to the best of our Department’s knowledge with the information provided by the Company,
that the wireless infrastructure proposed by the above Company at the noted location is acceptable to be located
at our Department’s facility/location.
□I deny our Department’s approval for location at this site. Reason:
Department Authorized Representative Signature and Title
Date
II. Development Services Department
□I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location meets the City Code zoning requirements for
wireless facilities. I have also informed the Company of the procedures to obtain zoning permit approval.
□I deny our Department’s approval for location at this site. Reason:
Planning/Zoning Authorized Representative Signature and Title
Date
Real Estate Coordinator Authorized Representative Signature and Title
Date
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 30 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
CHANDLER DEPARTMENT CLEARANCE FOR WIRELESS COMMUNICATION FACILITIES –page 2
III. Public Safety Departments
Information provided by the Company indicates that all wireless communications equipment it will operate within the
City is in compliance with the FCC's radio frequency emission regulations and will not interfere with the City’s
emergency communication Wireless Facilities. If an interference or frequency study was deemed to be necessary in
the City’s opinion, then it has been performed. If at some time it is determined that there is interference resulting from
any such equipment, then the Company knows its use agreement will require it to remedy such interference, and that
such interference could be deemed a material breach by the party causing the interference.
Police Department:
□I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location will not pose an interference issue for the
Department’s emergency communication Wireless Facilities.
□I deny our Department’s approval for location at this site. Reason:
Police Department Authorized Representative Signature and Title
Date
Fire Department:
□I hereby agree that to the best of our Department’s knowledge with the information provided, the wireless
infrastructure proposed by the above Company at the noted location will not pose an interference issue for the
Department’s emergency communication Wireless Facilities.
□I deny our Department’s approval for location at this site. Reason:
Fire Department Authorized Representative Signature and Title
Date
Current as of June 2022
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 30 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
INSTRUCTIONS: DEPARTMENT APPROVAL FORM FOR WIRELESS COMMUNICATION FACILITIES
LOCATED ON CITY-OWNED REAL PROPERTY OR IN RIGHT-OF-WAY
Section I. Department Where Site is to be Located: Requires signature of director or director’s designee of the
Department whose manages the facility or public land/right-of-way where the wireless facility/structure will be
located. If the wireless facilities will be in the following areas, the corresponding signature is required.
City Property
Department Contact
Community Services/Parks
Mickey Ohland, Park Development and Operation Manager
480-782-2743, mickey.ohland@chandleraz.gov
175 S. Arizona Ave., 4th Floor
Fire Station
Keith Hargis, Assistant Fire Chief
480-782-2161, keith.hargis@chandleraz.gov
151 E. Boston St.
Water/Wastewater Treatment Facility
John Knudson, Public Works Director
480-782-3590, john.knudson@chandleraz.gov
1475 E Pecos Rd.
Public Right-of-Way
Dennis Aust, Telecommunications & Public Utility Service Manager
480-782-3315, dennis.aust@chandleraz.gov
215 E. Buffalo St.
Police Department
Zachary Cummard, Police Commander
480-782-4153, zachary.cummard@chandleraz.gov
250 E Chicago St.
The Company and the Department must agree to the location on the property where the facilities will not disrupt
City operations. This may require an on-site tour to determine an acceptable location. Some general discussions
of aesthetics/screening should also take place, as well as if there are any benefits the Department might receive
such as collocation opportunities. Once a site has been agreed upon, then proceed to get signature for Section II.
Fees for use for that site will be determined through the Use Agreement process once all signatures for the
“Chandler Department Approvals for Wireless Communication Facilities” form have been received and submitted
to the City at Development Services Dept., 215 E. Buffalo St., Chandler, AZ 85225, (480) 782-3315.
Section II. Development Services: Company should be familiar with Chandler City Code Chapter 35, XXII,
Section 35-2209 regarding requirements for Wireless Communications Facilities and show that their plans are in
accordance with City Code.
Planning/Zoning Contact: Development Services Department, 215 E. Buffalo St., One-Stop Shop Front Counter, 480-
782-3000 or Susan Fiala, City Planner, Planning Division, (480) 782-3067, Susan.Fiala@chandleraz.gov
Real Estate Contact: Erich Kuntze, Real Estate Coordinator, (480) 782-3397, erich.kuntze@chandleraz.gov
Section III. Police/Fire Departments: Company’s technical staff should confer with the City’s public safety
communication staff to assure that all wireless communications equipment it will operate within the City is in
compliance with the FCC's radio frequency emission regulations and that the frequencies used will not interfere with
the City’s emergency communication Wireless Facilities for either the Police or Fire Departments. There will be more
detail language for the Company to agree regarding interference issues when applying for the Public Property Use
Agreement.
Contact (both Fire & Police Clearance is Required):
Fire Department
Police Department, Communications Division
Fire Department Assistant Chief
Police Commander
Keith Hargis, keith.hargis@chandleraz.gov
Zachary Cummard, zachary.cummard@chandleraz.gov
151 E. Boston St., 480-782-2161
250 E. Boston St., 480-782-4153
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 31 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “D”
STANDARDS FOR LETTERS OF CREDIT
In addition to any other requirements imposed upon a letter of credit (the “Letter of Credit”) issued pursuant to this
Agreement, the Letter of Credit shall meet and be governed by the following additional standards and requirements:
1.
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:
1.1 The Letter of Credit is clean, unconditional, irrevocable, independent, and standby.
1.2 The Letter of Credit is payable to City upon presentation of City’s draft.
1.3 City may make partial draws upon the Letter of Credit.
1.4 The Letter of Credit is for payment solely upon presentation of a sight draft and a copy of the Letter of
Credit.
1.5 Within ten (10) 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 in Maricopa County, Arizona upon which the issuer may
endorse its payments.
1.6 The issuer specifies a telefax number, email address, and street address at which City may present
drafts on the Letter of Credit.
1.7 The Letter of Credit is valid until a specified date.
1.8 The Letter of Credit will be automatically renewed for successive one (1) year periods, unless at least
30 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.
1.9 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 including,
but not limited to, International Standby Practices 1998 (ISP98) (International Chamber of Commerce
Publication No. 590; ISP98 Model Government Standby (U.S.) Form 11.1 and annexes (2017)).
1.10
The Letter of Credit need not be transferable.
2.
Approved Forms. The form of the Letter of Credit and of drafts upon the Letter of Credit shall be as
follows:
2.1 Except as approved in writing by City’s Development Services Department, the form of the Letter of
Credit shall be in the form set out below.
2.2 Except as approved in writing by City’s Development Services Department, the form of drafts upon the
Letter of Credit shall be in the form set out below.
3.
Issuer Requirements.
The issuer of the Letter of Credit shall meet all of the following
requirements:
3.1 The issuer shall be a federally insured financial institution with offices in Maricopa County, Arizona, at
which drafts upon the Letter of Credit may be presented.
3.2 The issuer shall be a member of the New York Clearing House Association or a commercial bank or
trust Company satisfactory to City.
3.3 The issuer shall have a net worth of not less than $1 billion.
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 32 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
FORM OF LETTER OF CREDIT
(ISP98 Model Government Standby (U.S.) Form 11.1)
Date
, 20__
Letter of Credit No.:
Development Services Department
City of Chandler
P.O. Box 4008
Mail Stop 405
Chandler, AZ 85244-4008
Dear Sir or Madam:
Issuance. At the request and for the account of [name and address of applicant] (“Applicant”), we [name and address
of issuer at place of issuance] (“Issuer”) issue the irrevocable independent standby letter of credit number [reference
number] (“Standby”) in favor of [name and address of beneficiary] (“Beneficiary”) in the maximum aggregate amount
of USD [amount].
Undertaking. Issuer undertakes to Beneficiary to pay Beneficiary’s demand for payment for an amount available
under the Standby and in the form of Annex A (Payment Demand) [or Annex B (Payment Demand after Notice of
Non-Extension)] completed as indicated and presented to Issuer at the following place for presentation: in Maricopa
County, Arizona at or before the close of business on the expiration date.
Overdrawing. If a demand exceeds the amount available, but the presentation otherwise complies, Issuer
undertakes to pay the amount available.
Expiration. The expiration date of this Standby is valid until
20___.
Automatic Extension. The expiration date of this Standby shall be automatically extended for successive one-year
periods, unless [30] or more calendar days before the then current expiration date Issuer gives written notice to
Beneficiary that Issuer elects not to extend the expiration date. Issuer’s written notice must be sent by registered,
certified, or priority express mail or nationally recognized overnight courier to Beneficiary’s above-stated address
[and to the attention of [office, officer, or other attention party] or, alternatively, be received by Beneficiary’s attention
party] [30] or more calendar days before the then current expiration date.
Payment. Payment against a complying presentation shall be made within three business days after presentation
at the place for presentation or by wire transfer to a duly requested account of Beneficiary.
ISP98. This Standby is issued subject to the International Standby Practices 1998 (ISP98) (International Chamber
of Commerce Publication No. 590). This Letter of Credit is not assignable.
Issuer’s Charges and Fees. Issuer’s charges and fees for issuing, amending, or honoring this Standby are for
Applicant’s account and shall not be deducted from any payment Issuer makes under this Standby. [Issuer
undertakes to Beneficiary to pay the charges and fees of any bank nominated in this Standby to advise [and confirm]
this Standby for acting on such nomination.]
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 33 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
[Communications. Communications other than demands may be made to Issuer in the manner and at the place for
presentation and also as follows: [address for mailed, couriered, telephone, telefax, or electronic
communications]. Communications other than for notices of non-extension may be made to Beneficiary at
Beneficiary’s above-stated address and also as follows: addresses for mailed, couriered, telephone, telefax, or
electronic communications].]
[Issuer’s name]
[signature]
Authorized Signature
[bank name]
, a
By
[bank officer’s signature]
[bank officer’s name printed]
Its
[bank officer’s title]
Phone:
[bank officer’s phone number]
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 34 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
ANNEX A: PAYMENT DEMAND
(ISP98 Model Government Standby (U.S.) Form 11.1
To:
[Issuer name and address]
From:
Development Services Department
City of Chandler
P.O. Box 4008
Mail Stop 405
Chandler, AZ 85244-4008
Date:
, 20
Re: Standby Letter of Credit No. [reference number], dated [date], issued by [issuers name] (“Standby”).
Ladies and Gentlemen:
The undersigned beneficiary demands payment of USD [insert amount] under the Standby. Beneficiary states that
Applicant is obligated to pay to Beneficiary the amount demanded as provided in [the contract, regulation, or other
document that identifies the underlying obligations to the government beneficiary]. Beneficiary requests that
payment be made by wire transfer to an account of Beneficiary as follows: [Insert name, address, and routing
number of beneficiary’s bank, and name and number of beneficiary’s account].
[Beneficiary’s name and address]
By its authorized officer:
[Insert original signature]
[Insert typed/printed name and title]
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 Development Services Director of the City of Chandler.
If there is any imperfection or defect in this draft or its presentation, please inform me immediately at (480) 782-
3410 so that I can correct it. Also, please immediately notify the City Attorney at (480) 782-4656.
Thank you.
City of Chandler, Development Services Director
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 35 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “E”
ASSUMPTION OF WIRELESS USE AGREEMENT
Regarding
This assumption is made pursuant to paragraph 12.1.5 of that certain Wireless Use Agreement (the “Agreement”)
between City of Chandler, an Arizona municipal corporation (“CITY”) and
, a
(“Company”) dated
, 20_
.
, a
(“Assignee”), having acquired the rights of
the Company 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:
, 20
ASSIGNEE:
,
a
By:
Its:
STATE OF
COUNTY OF
)
) ss.
)
The foregoing instrument was acknowledged before me this
day of
_, 20___, by
,
of
, a
.
Notary Public
My Commission Expires:
Date
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
SRP Cooper Substation Site
Page 36 of 36
Macro Cell Agreement Form March 2019
Final New Cingular Wireless PCS, LLC (AT&T) SRP Cooper Substation Site Version 5.0 Dated 6-18-24
EXHIBIT “F”
EXTENSION OF WIRELESS USE AGREEMENT
Regarding:
This extension is made pursuant to paragraph 5.1 of that certain Wireless Use Agreement (the “Agreement”)
between City of Chandler, an Arizona municipal corporation (“CITY”) and
, a
(“Company”) dated
, 20
.
COMPANY:
,
a
By:
Its:
CITY OF CHANDLER
a municipal corporation
By:
Its: Development Services Director or Designee
APRROVE AS TO FORM:
City Attorney
Docusign Envelope ID: F64B608A-5F54-404D-BFA9-ACD79CEC336F
Delaware limited liability company
New Cingular Wireless PCS, LLC
Assoc. Director
This form is provided for example only and
is not to be executed with this license. A
form substantially similar should be
executed upon extension of the license.