HomeMy WebLinkAbout _ 4.6(a)--Approve License Agreement with T-Mobile West, LLC GI �" Y C� F
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REPORT TO THE CITY COUNCIL
MEETING DATE: September 1,2026 FROM: Travis Menne, Director of
ITEM NO. 4.6(a) Community Services/Airports
***APPROVED BY***
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tmenne@cityofredding.org mwebb@cityofredding.org
SUBJECT: 4.6(a)--Approve License Agreement with T-Mobile West, LLC
Recommendation
Authorize and approve the following:
(1) Approve the Non-Exclusive Communications Site License Agreement with T-Mobile
West, LLC to allow the use of a 900-square-foot area at the City of Redding (City)
Benton Field Airport (085), along with space on the City's existing beacon monopole, for
the operation and maintenance of a Personal Communication Service system facility;
(2) Authorize the Mayor to execute the Agreement; and
(3) Find that this activity is exempt from environmental review under the California
Environmental Quality Act Guidelines,pursuant to Section 15301 —Existing Facilities.
Fiscal Impact
The Licensee wi11 pay the City a monthly license fee of $3,046 resulting in annual revenue of
$36,552. This fee wi11 increase by three percent each year for the duration of the agreement. All
revenue will be deposited into the Airport Division's accounts.
Alternative Action
The alternative action is to decline approval of the Non-Exclusive Communications Site License
Agreement. Staff does not recommend this alternative, as it would forfeit the projected revenue
and reduee opportunities to enhance communieation services.
Background/Analysis
The City Council originally approved a License Agreement in 2001 for the installation of the
monopole by UbiquiTel at the Benton Field location. That agreement was subsequently amended
and extended with successor companies Sprint, and ultimately T Mobile, before reaching its
expiration on February 28, 2026.
Report to Redding City Council August27,2026
Re: 4.6(a)--Approve License Agreement with T-Mobile West, LLC Page 2
Under the new Non-Exclusive Communications Site License Agreement, T-Mobile West, LLC is
requesting the use of a designated area at Benton Field, along with space on the City's beacon
monopole, for the operation, maintenance, modification, repair, upgrade, removal and/or
replacement of a Personal Communication Service system facility. The initial term of the
agreement shall be for a period of five years commencing on March 1, 2026, and ending on
February 28, 2031, with the option of five additional terms of five years each. The City has
historically accommodated similar telecommunications installations at municipal sites to support
community connectivity, expand carrier coverage, and generate supplemental revenue.
Staff has reviewed this latest request and determined that the proposed use is compatible with
current site activities and aligns with the City's practice of facilitating telecommunications
infrastructure on City-owned property and will provide additional review to the Airports
Division.
EnviNonmental Review
Staff has determined that this activity is exempt from environmental review under the California
Environmental Quality Act Guidelines, pursuant to Section 15301 — Existing Facilities. Class 1
exemptions include the operation, repair, maintenance, permitting, leasing, or licensing of
existing public and private facilities, equipment, and topographical features involving negligible
or no expansion of use. The existing Benton Field and beacon monopole will be utilized and the
activity will not result in an expansion of use. The action area has been reviewed for sensitive
habitats and it does not have significant values for wildlife habitat or other environmental
resources. The action has no potential to have a significant effect on the environment.
Council Priorities/City Manager Goals
� Government of the 21st Century — Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today.
Attachments
Non-Exclusive Communications Site License Agreement
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
NON-EXCLUSIVE COMMUNICATIONS SITE
LICENSE AGREEMENT
WITH T-MOBILE
This Non-Exclusive Communications Site License Agreement("License Agreement" or
"Agreement")is made effective as of the date of last signature herein(`Bffective Date")by and between
the City of Redding("City"), a municipal corporation, and T-Mobile West LLC, a Delaware limited
liability company, ("Licensee").
RECITALS
A. The City of Redding is the owner and operator of Benton Field("Airport").
B. Licensee desires to utilize a nine-hundred(900) square foot area together with space on the City's
beacon mono-pole, as described and depicted on Exhibit"A"attached hereto and incorporated by
reference herein, for the purpose of maintaining and operating a personal conununication service
systein facility("PCS Facility").
AGREEMENT
PREMISES. The City hereby grants to Licensee a non-exclusive license to utilize that portion
of the ground located at Benton Field described and depicted on Exhibit A("Premises") attached
and hereby incorporated into the agreement by reference. Use of the Premises shall also include
that limited and reasonable access required for Licensee's personnel and utilities.
l. TERM.
a. Initial Term: The Agreement is effective as of the date of the last signature to this
Agreement. The initial term of this agreement shall be for a period of five (5)years
commencing on March 1,2026 and ending on February 28, 2031 ("Initial Term").
b. Options To Extend: So long as the Licensee is not in default under this Agreement,
this License Agreement will automatically renew Licensee shall have five(5) additional
terms of five (5)years each(each a"Renewal Term")unless Licensee provides notice to
the City of its intention not to renew not less than ninety(90)days prior to the expiration
of the Initial Term or any Renewal Term. All of the terms of this License Agreement
shall remain in full force and effect during any such Renewal Terms. The Initial Term,
together with any Renewal Terms, are referred to collectively as the"Term."
Terrn Descri tion
Initial Term March 1, 2026 throu h Februa 28,2031
First Renewal Tenn March 1, 2031 throu h Februa 29, 2036
Second Renewal Term March 1, 2036 throu h Februa 28, 2041
Third Renewal Term March 1, 2041 throu h Februa 28, 2046
Fourth Renewal Term March l, 2046 throu h Februa 28, 2051
Fifth Renewal Term March 1,2050 throu h Februa 29, 2056
2. USE.
a. Use of Premises: Licensee shail use the Premises to maintain,modify,repair,
upgrade,remove,replace and operate a PCS Facility, which includes,without limitation,
antenna, equipment, cable wiring,back-up power sources (including generators and fuel
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
storage tanks)and related fixtures. The PCS Facility shall remain the exclusive property
of Licensee and shall not be considered�xtures.
b. Compliance with Laws: Licensee shall, at Licensee's own cost and expense,
comply with all statutes, ordinances,regulations, and requirements of al1 governmental
entities,both federal and state and county or municipal, including those requiring capital
improvements to the Premises,relating to any use and occupancy of the Premises (and
specifically not limited to any particular use of occupancy by Licensee),whether ihose
statutes, ordinances,regulations, and requirements are now in force or are subsequently
enacted. If any license,permit, or other governmental authorization is required for the
lawful use or occupancy of the Premises or any portion of the Premises, the Licensee
shall procure and maintain it throughout the term of this License. The final,unappealable
judgement of any court of competent jurisdiction, or the admission by Licensee in a
proceeding brought against Licensee by any government entity,that Licensee has
violated any such statute, ordinance,regulation, or requirement shall be conclusive as
between City and Licensee and shall constitute grounds for termination of this License by
City. Licensee sl�all meet and comply with all non-interference rules of the Federal
Communications Commission("FCC")and all requirements which may be established,
or changed from time to time,by the Federal Aviation Administration(FAA). Licensee
shall not permit the use of any portion of the licensed premises which wi11,in any way,
interfere with airport communications,public safety communications or City
communications. Any and all such interference by Licensee will be considered a material
breach by Licensee and Licensee shall cease operations immediately.
c. Prohibited Uses: Licensee shail not use or permit the Premises to be used for any
other purposes without the prior written consent of the City.
d. Non-Exclusive Use: City maintains the right to license additional telecommunications
carriers to utilize the beacon mono-pole for the purpose of operating a personal
communications service system facility so long as it does not interfere with Licensee's
PCS Facility performance.
e. City Use: City maintains the right to utilize the mono-pole for it own
communications equipment so long as it does not interfere with Licensee's PCS Facility
performance. City shall aiso utilize the top of the mono-pole for its navigational beacon.
f. Survey Benchmark: City affirms the right to maintain the location of the survey
benchmark located on the Premises within the enclosure accessible and free of
obstructions.
3. CONDITION PRECEDENT. This License is conditioned upon Licensee obtaining all
governmental permits and approvals enabling Licensee to operate mobile/wireless
communications facilities on the Premises.
4. LICENSE FEES.
a. Initial Term: The monthly license fee to be paid by the Licensee to the City under this
License during the first twelve(12)months of the License shall be $3,046.00 per month.
Thereafter, the monthly license fee shall be increased by three(3)percent on March 1,
202'7, and each subsequent twelve (12)month period thereafter during the Initial Term
and any Renewal Terms, if any.
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
b. License Fee Payments:Licensee shail pay to the City all license fees for the Premises
and all other payments, if any,required by this License Agreement,without deduction,
set off,prior notice, or demand on or before the first(ls`) day of the month. Payments not
paid when due are subject to late fees and penalty charges as shown in the City's then
current Schedule of Fees and Charges. Monthly license fees for any partial month shall
be prorated based on a thirty(30) day month. Notwithstanding the foregoing,if
outstanding Rent is due after the Effective Date,Licensee shall pay City any outstanding
Rent due as of the Effective Date within sixty(60) days after the Effective Date without
penaity. Where duplicate Rent would occur, a credit shali be taken by Licensee for any
prepayment of duplicate Rent.
5. ACCESS. City shall provide access to Licensee, Licensee's employees, agents, contractors
and subcontractors to the Premises twenty-four(24)hours a day, seven('7)days a week; at no
charge to Licensee. City represents and warrants that it has full rights of ingress to and egress
from the Premises, and autl�orizes limited rights to Licensee to the extent required to maintain and
operate Licensee's facilities on tl�e Premises. Any damage to any roadway on the Airport
property, caused by Licensee's use of such roadway, shall be promptly repaired by Licensee at
their sole expense.
6. TAXES.
a. Taxes: Licensee shall promptly pay before delinquency any taxes and/or special
assessments assessed against the Premises and any improvements and/ar Licensee's
personal property and any possessory interest tax levied by reason of its use and/or
occupancy of the Premises. On demand from the City, Licensee shall furnisl� the City
with satisfactory evidence of these payments.
b. Proration of First and Last year Taxes: Notwithstanding any other provisions of
Section 7 of this License, all taxes, assessments, or other charges levied or assessed
during the tax years in which the term of this License commences and ends for which
City is liable shall be prorated between City and Licensee as of 12:01 a.m. on the date the
term commences and on the date the term ends,respectively, on the basis of tax years that
commence on July 1 and end on June 30 of each year. City shall pay the taxes,
assessments, or other charges for the year in which the term of this License commences
and Licensee shall promptly, on service of written request by City,reimburse City for
Licensee's share of those taxes, assessments, or other charges for which City may be
liable. Licensee shall pay the taxes, assessments, and other charges for the year in which
this License is to end; and City shall promptly, on service of written request by Licensee,
reimburse Licensee for City's share of those taxes, assessments, and other charges for
which it may be liable.
7. UTILITIES. Licensee shall arrange for the provision and payment prior to delinquency any
and all monthly utility charges furnished to the Premises for the use, operation, and maintenance
of Licensee's facilities. The City shall have no responsibility to pay for utilities furnished to the
Premises, excepting therefrom any continued costs for utilities to the beacon light, and Licensee
shall hold the City free and harmless from all charges for the furnishing of utilities to the
Premises.
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
8. DESTRUCTION OF PREMISES. If the Premises or the Licensee's PCS Facility is
destroyed or damaged so as in Licensee's judgment to hinder the effective use of Licensee's PCS
Facility,Licensee may elect to terminate this License as of the date of the damage or destruction
by so notifying Ciry no more than thirty(30) days following the date of damage or destruction. In
such event, all rights and obligations of the parties which do not survive the termination of this
License shall cease as of the date of the damage or destruction.
9. INDEMNIFICATION. Licensee shall indeinnify and defend the City, its officers,
elected officials, officials, employees, agents and volunteers, against and hold them harmless
from any and all claims, losses, damages, civil penalties, and liability for damages, including
reasonable attorneys' fees and other costs of defense incurred by the City, whether for damage to
or loss of property or injury to or death of person(s), including properties of the City and injury to
or death of the City's officers, officials, employees, agents and volunteers, arising out of or
resulting from Licensee's possession or use of the Premises or activities hereunder or from the
actions of Licensee's officers, einployees, agents and invitees,unless such dainage,loss, injury or
death is caused by tl�e gross negligence or willful misconduct of tl�e City. Licensee's obligations
under this Section shall survive termination or expiration of this Agreement.
10. INSURANCE.
A. Uniess modified in writing by City's Risk Manager, Licensee shaii maintain the following
noted insurance during the duration of the License Agreement:
Coverage Required Not Required
Commercial General Liability X
Commercial Automobile Liability X
Workers' Compensation and Employers' Liability X
Professionai Liability(Errors and Omissions) X
(Place an"x"in the appropriate box)
B. Coverage shall be at least as broad as or carrier equivalent:
l. Insurance Services Office form number CG-0001, Commercial General Liability
Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000
general aggregate for bodily injury,personal injury and property damage;
2. Insurance Services Office form number CA-0001, Commercial Automobile Liability
Insurance, which provides for total limits of not less than $1,000,000 combined
single limits per accident applicable to all owned,non-owned and hired vehicles;
3. Statutory Workers' Compensation required by the Labor Code of the State of
California and Employers' Liability Insurance in an amount not less than $1,000,000
per occurrence. Both the Workers' Compensation and Employers' Liability policies
shall contain the insurer's waiver of subrogation in favor of City, its elected officials,
officers, employees, agents and volunteers;
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
4. The City does not accept insurance certi�cates or endorsements with the wording
"but only in the event of a named insured's sole negligence" or any other verbiage
limiting the insured's insurance responsibility.
C. Any deductibles or self-insured shali be reasonable for the telecommunication industry and
the sole responsibility of Licensee.
D. The General Liability and Automobile Liability shall contain or be endorsed to contain the
following provisions:
1. City, its elected officials, officers, employees, and agents are to be covered and
included as additional insured as respects liability arising out of work or operations
performed by or on behalf of Licensee; premises owned, leased or used by
Licensee; or automobiles owned, leased, hired or borrowed by Licensee. The
coverage shall contain no speciallimitations on the scope of protection afforded to
City,its elected officials, officers, employees, agents and volunteers.
2. For claims arising out of Licensee's operations, negligent acts or willful
misconduct the insurance coverage of Licensee shall be primary insurance as
respects City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self-insurance maintained by City, its elected officials, officers,
employees, agents and volunteers, shall be in excess of Licensee's insurance and
shall not contribute with it.
3. General Liability coverage shail provide that the insurance of Licensee shall apply
separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
4. Each insurance policy required by this License Agreement shall be endorsed to
state that coverage shall not be canceled except after thirty (30) calendar days'prior
written notice has been given to City. In addition, Licensee agrees that it shall not
reduce its coverage or limits on any such policy except after thirty (30) calendar
days' prior written notice has been given to City.
E. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-
VII.
F. Licensee shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as
a Certificate Holder of the insurance. Licensee shall furnish City with certificates of
insurance and original blanket endorsements affecting the coverages required by this
clause. Certificates and endorsements shall be submitted electronically via the PINS
Advantage system. A link will be provided for the Licensee, or their insurance agent, to
enter and upload documents directly to PINS Advantage. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by the insurer to bind
coverage on its behalf. All endorsements are to be received and approved in PINS
Advantage by the City's Risk Manager (such approval shall not be unreasonably withheld)
prior to the commencement of contracted services.
G. The requirements as to the types and limits of insurance coverage to be maintained by
Licensee as required by Section 10 of this License Agreement, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualify the
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
liabilities and obligations otherwise assumed by Licensee pursuant to this License
Agreement,including,without limitation,provisions concerning indemnification.
H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to
Code of Civil Procedure § 342 and Government Code § 945.6, Licensee sha11 keep said
insurance in effect for a period of eighteen(18)months after the termination of this License
Agreement.
I. If any damage, including death, personal injury or property damage, occurs in connection
with the performance of this License Agreement, Licensee shall immediately notify
City's Risk Manager by telephone at (530) 225-4068. No later than five (5) calendar
days after Licensee receives notice of the event, Licensee shall submit a written report to
City's Risk 1Vlanager containing the following information, as applicable: 1) name and
address of injured or deceased person(s); 2) name and address of witnesses; 3) name and
address of Licensee's insurance company; and 4) a detailed description of the damage
and whether any City property was involved.
ll. TERMINATION. This License may be terminated without further liability upon one
hundred eighty(180)days'prior written notice as follows:
a. By either party upon a default of any covenant, condition, or term hereof by the other
party,which default is not cured within sixty(60)days of receipt of written notice of
default.
b. By City, after tl�e Initiai Term, for any reason or for no reason,provided said termination
is upon one hundred eig�ty(180) days' notice to Licensee.
c. By Licensee if it does not obtain or maintain licenses,permits, or other approvals
necessary for the operation of Licensee's facilities.
d. By Licensee if Licensee is unable to occupy or utilize the Premises due to ruling or
directive of the FCC,FAA, or other governmental or regulatory agency,including,but
not limited to, a take back of channels or change in frequencies.
e. By Licensee if Licensee determines that the Premises are not appropriate for its
operations for economic, environmentai, or technological reasons,including without
limitation, signal strength or interference.
In addition,this License may be terminated by Licensee without further liability at any
time prior to the Commencement Date upon prior written notice to City.
12. ASSIGNMENT. Licensee shall not voluntarily assign, encumber, or sublet its interest in
this License Agreement, or allow any other person or entity(except its authorized representatives)
to occupy or use any or all part(s) or the Premises,without first obtaining the City's prior written
consent. Any assigmnent or encumbrance without the City's consent sha11 be voidable and, at the
sole election of the City, shall constitute a default of tl�is License Agreement.No consent to any
assignment or encumbrance shall constitute a further waiver of the provisions of this section. The
City agrees that is sha11 not unreasonably withhold, condition, or delay its consent to the
Licensee's assignment of its interest under this Agreement to the Licensee's parent company or
any affiliate, subsidiary, or entity acquiring fifty-one percent(51%)or more of its stock or assets
or the successor or surviving entity resulting from a merger or other plan of reorganization with
Licensee. Licensee to provide written notice to City of any assignment or transfer within thirty
(30) days, along with any information reasonably requested by the City to evaluate the
assignment.
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
13. MAINTENANCE AND REPAIRS.
a. Licensee's Responsibilities: Licensee sha11, at Licensee`s sole cost and expense and at all
times during the term,maintain the PCS Facility and the enclosure installed by Licensee
at the Premises in a proper and safe condition.
b. City's Responsibilities: The City shall, at its sole cost and expense, maintain and repair
the City's beacon mono-pole and landscaping in a proper and safe condition, and comply
with all FCC and FAA regulations related to the marking and lighting of such beacon
mono-pole.
c. 1Vlaintenance: Licensee shall do, or cause to be done without delay, all those things
whicl�, in the reasonable opinion of the Airports Manager, are necessary or desirable in
the interests of safety or to maintain the Premises in good repair and appearance. All.
damage caused to the Premises and/or Airport by Licensee,its officers, employees,
agents and invitees, shall be repaired at Licensee's sole expense.
14. HAZARDOUS MATERIALS. Licensee shall not store, generate,treat or dispose of any
hazardous substances or hazardous waste, as defined in the California Health and Safety Code, on
the Premises;provided,however,that Licensee is permitted to bring onto the Premises hazardous
materials contained in einergency back-up power sources (including batteries, generators and fuel
storage tanks)and cominon materials used in telecommunications operations, e.g. cleaning
solvents,under the condition that Licensee will treat all such hazardous materials brought onto
the Premises by it in accordance with al1 applicable Federal, State and Local laws and regulations.
a. Hazardous substances or materials include,but are not limited to:
i. Substances which are flammable, explosive, corrosive,radioactive, toxic;
ii. Any material or substances defined as hazardous substances,hazardous
materials,toxic substances, or hazardous wastes in the Comprehensive
Environmental Response, Coinpensation and Liability Act of 1980(42 U.S.C.
Sections 9601, et seq.),the Hazardous Materials Transportation Act(49 U.S.C.
Sections 1801 et seq.),the Resource Conservation and Recovery Act(42 U.S.C.
Sections 6901 et seq.),the Hazardous Waste Control Act(California Health&
Safety Code Sections 25100 et seq.), and the Hazardous Substance Account Act
(California Health& Safety Code Sections 25300 et seq.),the California
Hazardous Waste Management Act(California Health& Safety Code Sections
251'70.1, et seq., California Health and Safety Code Section 25280, et seq.,
(Underground Storage of Hazardous Waste Management Act), California Health
and Safety Code Section 2550, et seq. (Hazardous Materiais Release Response
Plans and Inventory), or the California Porter-Cologne Water Quality Control
Act,Water Code Section 13000, et seq., and all amendments to these laws, and
regulations adopted or publications promulgated pursuant to these laws;
iii. Those asbestos-containing materials defined and described in Environmental
Protection Agency Report No. 56/5-85-024(June 1985)whether or not friable, or
any related or successor report, or other applicable government regulations
defining or describing sucl� materials;
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
iv. Pesticides as de�ned by Section 136(u) of FIFRA(7 U.S.C. Section 136) as may
be present in soil or groundwater;
v. "Hazardous wastes" as defined in Section 25117 of the California Health and
Safety Code, or as a chemical that is known to the State of California "to cause
cancer or reproductive toxicity" under the Safe Drinking Water and Toxic
Enforcement Action of 1986, California Health and Safety Code Sections
25249.5, et seq.; and
vi. Hazardous materials, substances or waste, or toxic materials, substances or waste
as those terms or similar terms are defined by any other federal, state or local law
or regulation or orders.
b. Licensee agrees to indemnify,protect,hold harmless, and defend the City, its elected
officials, officers, employees, agents and volunteers from and against any and all liability,
including without limitation, (a) all foreseeable and unforeseeable consequential
damages,to the extent directly or indirectiy arising from the use, generation, storage, or
disposai of hazardous materials by Licensee and(b)the cost of any required or necessary
repair, cleanup, or detoxification and the preparation of any closure or other required
plans, to the full extent that such liability is at�ributable, directly or indirectly, to the
presence or use, generation, storage,release,threatened release, or disposal of hazardous
materials by Licensee, its officers, employees, agents and/or invitees on the Premises or
Airport after the beginning of the term of this License Agreement.
c. The City indeinnifies Licensee against any and all claims arising out of any pre-existing
conditions or those resulting from the actions of the City,tl�e City's elected officials,
officers, employees, agents and volunteers that result in hazardous materials being
brought to the premises..
d. Licensee's and City's obligations under this Section shall survive termination or
expiration of this License Agreement.
15. SPONSOR ASSURANCES SUBORDINATION. This License shall be subordinate to the
provisions of any existing or future agreement between the City and the United States concerning
the operation or maintenance of the Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of federal funds for the development of the Airport.
Should the effect of such agreement with the United States be to take any of the property under
this Lease or otherwise diminish the commercial value of this License,the City shall not be held
liable therefor. However,Tf the commercial value is appreciably diminished,the City and
Licensee shall engage in good faith negotiations to determine a fair and equitable adjustment to
rentals and fees.
The City covenants and agrees that it will, during the term of this Agreement, operate and
maintain the Airport as a public facility consistent with and pursuant to the Assurances given by
the Lessor to the United States Government under federal law.
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
16. FEDERAL PROVISIONS (NON-AIP CONTRACT):
GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program,the Contractor agrees to comply with
pertinent statutes,Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscriinination Acts and Authorities to ensure that no person shall, on the grounds of race,
color, national origin(including limited English proficiency), creed, sex(including sexual
orientation and gender identity), age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Tit1e VI of the Civil Rights Act of 1964.
If the Coniractor transfers its obligation to another, the transferee is obligated in the same
manner as the Contractor.
The above provision obligates the Contractor for the period during which the property is owned,
used or possessed by the Contractor and the airport remains obligated to the Federal Aviation
Administration.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the Contractor, for itself, its assignees, and successors
in interest(hereinafter referred to as the"Con�ractor") agrees to comply with the following non-
discrimination statutes and authorities;including but not limited to:
• Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252) (prohibits
discrimination on the basis of race, color,national origin);
• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department
of Transportation—Effectuation of Tit1e VI of the Civil Rights Act of 1964);
• The Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on
the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended(42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982(49 USC § 47123), as amended(prohibits
discrimination based on race, creed, color,national origin, or sex);
• The Civil Rights Restaration Act of 1987 (PL 100-259) (broadened the scope, coverage
and applicability of Tit1e VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms
"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors,whether such programs or activities are Federally funded or not);
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Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)
(prohibit discrimination on the basis of disability in the operation of public entities,public and
private transportation systems,places of public accommodation, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 3'7 and 38;
• The Federal Aviation Administration's Nondiscrimination statute(49 USC § 47123)
(prohibits discrimination on the basis of race, color,national origin, and sex);
• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (ensures nondiscrimination against minority
populations by discouraging programs,policies, and activities with disproportionately high and
adverse human health or enviromnental effects on minority and low-income populations);
• Executive Order 13166,Improving Access to Services for Persons with Limited English
Proficiency, and resuiting agency guidance,national origin discrimination includes discrimination
because of limited English pro�ciency(LEP). To ensure compliance with Title VI,you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs [70
Fed. Reg. '74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended,which prohibits you from
discriminating because of sex in education programs or activities (20 USC § 1681, et se�.
Compliance with Nondiscrimination Requirements:
During the performance of this contract,the Contractor, for itself, its assignees, and successors
in interest(hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may
be amended from time to tune,which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color,national origin(including limited
English proficiency), creed, sex (including sexual orientation and gender identity), age, or
disability in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment
practices when the contract covers any activity,project, or program set forth in Appendix B of 49
CFR part 21.
3. Solicitations for Subcontracts,including Procurements of Materials and
Equipment: Tn all solicitations, either by competitive bidding or negotiation made by the
Contractor for work to be performed under a subcontract, including procureinents of materials, or
leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of
the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports
required by the Acts,the Regulations, and directives issued pursuant thereto and will permit
access to its books,records, accounts, other sources of information, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or refuses
to furnish the information,the Contractor will so certify to the Sponsor or the Federal Aviation
T-Mobile Site#:SC70127A
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Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the
non-discrimination provisions of this contract,ihe Sponsor will im�pose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including,but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs
one through six in every subcontract,including procurements of materials and leases of
equipment,unless exempt by the Acts, the Regulations, and directives issued pursuant thereto.
The Contractor will take action with respect to any subcontract or procurement as the Sponsor or
the Federal Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided,that if the Contractor becomes invoived in, or
is threatened with litigation by a subcontractor, or supplier because of such direction,the
Contractor may request the Sponsor to enter into any litigation to protect the interests of the
Sponsor. In addition,the Contractor may request the United States to enter into the litigation to
protect the interests of the United States.
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE AIRPORT IMPROVEMENT PROGRAM
A. The Licensee for himself/herself,his/her heirs,personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as
a covenant running with the land that:
l. In the event facilities are constructed,maintained, or otherwise operated on the
property described in this license for a purpose for which a Federal Aviation
Administration activity, facility, or program is extended or for another purpose
involving the provision of similar services or benefits,the licensee will maintain and
operate such facilities and services in compliance with all requirements imposed by
the Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent
Nondiscrimination Acts and Authorities(as may be amended) such that no person on
the grounds of race, color, or national origin,will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities.
B. With respect to licenses,leases,permits, etc.,in the event of breach of any of the above
Nondiscrimination covenants, City ofRedding will have the right to terminate the license
and to enter,re-enter, and repossess said lands and facilities thereon, and hold the same as if
the license had never been made or issued.
C. With respect to a deed,in the event of breach of any of the above Nondiscrimination
covenants,the Ciry of Redding will have the right to enter or re-enter the lands and facilities
thereon, and the above-described lands and facilities will there upon revert to and vest in and
become the absolute property of the City o f Redding and its assigns.
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Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
17. NOTICES. Any notices required to be given under this License Agreement shall be in
writing and shall be deemed properly delivered, given, or served when personally delivered to the
City or Licensee, or in lieu of such personal service, sent by United States mail,registered or
certified,return receipt reguested, addressed as follows:
TO THE CITY: TO THE LICENSEE:
City of Redding T-Mobile West LLC, Inc.
Attn: Airports Manager 12920 S.E. 38th Street
'7'7'7 Cypress Avenue Bellevue, WA 98006
Redding, CA 96001 Attn: Lease Compliance
Site No. SC70127A
In the event of personal service,notice shall be deemed given when personally served. In the
event of service by mail,notice shall be deemed to have been given seventy-two ('72)hours after
deposit of saine in the United States mail post box in the State of California,postage prepaid,
addressed as set forth above, or upon the date of the signed return receipt,whichever is sooner.
Either party may change its address for the purposes of this section by giving written notice of
such change to the other party in the manner provided in this section.
18. ATTORNEY'S FEES. In any dispute between the City and Licensee,whether or not resulting in
litigation,the prevailing party shall be entitled to recover from the other party all reasonable
costs, including without limitation,reasonable attorney's fees. "Prevailing party" shall include
without limitation, a party who dismisses an action for specific performance or for damages in
e�change for sums allegedly due,performance for covenants allegedly breached or consideration
substantially equal to the relief sought in the action, or which receives from the other party, in
connection with any dispute,performance substantially equivalent to any of these.
19. HEADINGS,REFERENCE,AND JOIN AND SEVERAL LIABILITY. The titles and
headings of the various sections of this License Agreement are intended solely for convenience of
reference and are not intended to explain,modify or place any construction on any of the
provisions of tl�is License Agreement. Masculine and feminine, or neutral gender and the singular
and the plural number shall eacl�be considered to include the other whenever the context so
requires. If either party consists of more than one person, each such person shail be jointly and
severally liable.
20. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of the parties
hereto over the meaning of this License Agreement, no party shall be deemed to have been the
drafter hereof, and the principle of law that contracts are construed against the drafter shall not
apply.
21. CALIFORNIA LAW. This License Agreement shall be governed by and construed in
accordance with the laws of the State of California. The duties and obligations of the parties
hereunder are performable in the City of Redding and such City shall be of the venue for any
action or proceeding pursuant to this License Agreement.
T-Mobile Site#:SC70127A
Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
22. ENTIRE AGREEMENT. This License Agreement, which includes all e�iibits attached
hereto and incorporated by reference herein, contains all the representations and the entire
understanding and agreement between the parties pertaining to the use of the Premises or any
other matters connected therewith. All correspondence,memoranda, or oral or written agreements
pertaining to the Premises or the parties hereto,which originated before the date of this License
Agreement are null,void and no longer in force and with no effect, and are replaced in total with
this License Agreement unless otherwise expressly stated in this License Agreement. This
License Agreement shall not be altered, amended, or modified except by a writing signed by the
City and Licensee.
23. SEVERABILITY. If any provision of the License is invalid or unenforceable with respect to
any party,the remainder of this License or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of
this License shall be valid and enfarceable to the fullest extent permitted by law.
24. TIME OF ESSENCE. Time is of the essence of this License Agreement and of each and every
provision therein.
25. PRIOR AGREEMENT. City and Licensee acknowledge that space at the Premises is currently
leased between City and Tenant's affiliate, SprintCom LLC, successor in interest to UbiquiTel
Leasing Company, a Delaware corporation pursuant to that certain Non-Exclusive
Communications Site License Agreement dated April 9, 2001 ("Existing Agreement"). City and
Licensee agree that tl�e Existing Agreement shall terminate effective as of 11:59 p.m. on February
28,2026(`Bxisting Lease Termination Date") and tl�at the termination of the Existing Agreement
shall be effective without further documentation. Any license fee payments received by the City
pursuant to the Existing Agreement for periods following the Existing Lease Termination Date
will be applied as a credit against the license fee payments due and owing pursuant to this
License Agreement.
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Market: Sacramento
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
IN WITNESS WHEREOF, City and the Licensee have executed this License Agreement on the day
and year set forth below:
CITY OF REDDING
A Municipal Corporation
Dated: ,2026
By: Mike Littau,Mayor
ATTEST: APPROVED AS TO FORM:
City Attorney
SHARLENE TIPTON, City Clerk By:
LICENSEE
T-Mobile West LLC, a Delaware limited
liability company
DocuSigned by:
�,�,�,�,�, � lt�
�' By; �uis Reyes
T-Mobile Site#:SC70127A
Market: Sacramento
TMO Signatory Leve1:L06
NLG-133968
Docusign Enveiope ID:F2C6F9DA-4774-8D84-8279-496DC7925440
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T-Mobile Site#:SC70127A
Market: Sacramento