Alameda Municipal Code § 2-64 Leases of City Property to Telecommunication Companies

As used in this section:

a. Telecommunications services shall mean the transmission of voice, video, data or other information between two (2) or more points along wires, optical fibers or other transmission media, or using radio waves or other wireless media, including but not limited to cable television services, telephone services, cellular telephone services, personal communications services, internet services, open video system services and other similar services.

b. Telecommunications facilities shall mean facilities within the City used or related to the provision of telecommunications services including, but not limited to, wires, optical fiber, antenna, cabinets, pedestals and equipment.

(Ord. No. 2843 N.S. § 1)

Real property owned by the City may be leased to a private party for the purpose of installing and operating telecommunications equipment or facilities in accordance with the following terms and conditions:

a. Term. The term shall be for not less than one (1) year and not greater than twenty (20) years. The term may be extended upon mutual agreement of the parties.

b. Rent. Rent shall be payable to the City. The rental amount shall be based upon the fair market rental value of the property as determined from comparable leases to private parties for the purposes of installing and operating telecommunications facilities entered into by the City in the one (1) year period prior to the execution of the lease. The lease shall provide for rental adjustments during the term of the lease.

c. New Structures. The lease shall limit the construction of any new ancillary structure(s) to less than two hundred (200) square feet and the amount of land leased to less than four hundred (400) square feet.

d. Description of Property. The lease shall contain a legal description of the property subject to the lease.

e. Description of Equipment. The lease shall contain a clear description of the improvements that will be constructed or placed by the tenant on the real property. The lease shall provide that the installation and placement of any equipment or facilities shall not significantly increase visual impacts.

f. Use of Property; Description of Services. The lease shall contain a clear description of the services to be provided by the tenant from the leased property.

g. Non-Exclusive Use. The lease shall not grant exclusive use of the City property but rather shall provide that the tenant's installation shall not interfere in any way with the use of City property not subject to the lease; provided, however, that the City may grant the tenant access and utility easements as necessary over City property to allow proper use of the leased premises.

h. Insurance. Tenant to maintain comprehensive general liability insurance with liability limits of not less than one million ($1,000,000.00) dollars, Workers' Compensation insurance at the statutory limit and all risk property insurance for full replacement cost. City shall be named as an additional insured, as its interest may appear, and the policies shall contain cross liability endorsements.

i. Indemnification. Tenant shall indemnify, defend and hold harmless the City from any and all damages arising from Tenant's operations on the leased property.

j. Taxes. Tenant shall pay all possessory interest taxes imposed on the leased property.

k. Such other terms and conditions as are commonly found in the lease of real property for telecommunications facilities and services.

(Ord. No. 2843 N.S. § 1)

A lease approved by Section 2.64 shall be executed only if:

Installation of the facilities would not significantly increase visual impacts; and either:

a. The project is categorically exempt under the California Environmental Quality Act; or

b. The Planning Board has adopted a negative declaration which determines that the project and any proposed mitigations will not result in a significant impact to the environment.

(Ord. No. 2843 N.S. § 1)