DATE: September 12, 2018
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO TELECOMMUNICATIONS LICENSE AGREEMENT WITH THE IRVINE COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, EXTENDING THE TERM FOR AN ADDITIONAL TWO (2) YEARS PLUS ONE (1), ONE (1) YEAR OPTION THROUGH JUNE 30, 2021 AND GRANTING INDEMNITY AND JURY TRIAL WAIVER UNDER THE TELECOMMUNICATIONS LICENSE AGREEMENT FOR ANY CLAIMS ARISING OUT OF THE USE, OPERATION, MAINTENANCE AND REPAIR OF THE TELECOMMUNICATIONS EQUIPMENT FOR THIS AGREEMENT AND FUTURE SIMILAR AGREEMENTS
Body
EXECUTIVE SUMMARY:
The San Diego Unified Port District (District) is requesting an extension of an existing Telecommunications License Agreement (Agreement) with The Irvine Company, LLC, a Delaware Limited Liability Company (The Irvine Company), for the District's communication relay station located at the One America Plaza building, 600 West Broadway in the City of San Diego (Attachment A - Location Map). The Agreement is for bay-wide communication and security for various law enforcement agencies throughout the San Diego region. Continued use and maintenance of the elevated relay station is required to provide enhanced security and uninterrupted communication signals among District facilities in the South Bay, along the Embarcadero, across the bay from Coronado, and the District's Administration Building.
The Irvine Company has agreed to extend the term by an initial two (2) years, and one (1), one (1) year option to extend, with a new expiration date of June 30, 2021. Proposed Amendment No. 3 (Amendment) requires Board approval because the total term exceeds five years, and as a condition of the Agreement, the District must continue to indemnify The Irvine Company and agree to a jury trial waiver in favor of a court-appointed referee for dispute resolutions. Due to the security nature of the Agreement and Amendment, both documents are exempt from public disclosure under California Government Code sections 6254(...
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