HomeMy WebLinkAbout06 COMMUNICATIONS SITE LICENSE AGMT W/ STC ONE, LLC FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARKMEETING DATE: FEBRARY 15, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
VIA: DAVID C. BIGGS, CITY MANAGER
FROM: CHRISTINE SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT: COMMUNICATIONS SITE LICENSE AGREEMENT WITH STC ONE, LLC
FOR EXISTING WIRELESS FACILITIES AT TUSTIN SPORTS PARK
SUMMARY
Approval is requested for a Communication Site License Agreement between the City and
STC One, LLC, (Licensee), the owner of existing wireless facilities located at the Tustin
Sports Park.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the
attached Communications Site License Agreement with STC One LLC, a Delaware limited
liability company (Sprint Nextel Corporation entity), subject to any non-substantive
modifications as may be deemed necessary by the City Attorney prior to execution of the
Agreement.
FISCAL IMPACT
Under the. proposed agreement the Licensee would pay $28,800 per year ($2,400 per
month) for the right to rent to one carrier, Sprint Telephony PCS, L. P. This rate is
competitive with market rents for similar types of carriers. providing voice and data
services. Under the proposed license, the initial term is ten (10) years commencing
August 1, 2010 and terminating August 1, 2020. License payments would be escalated
annually at a rate of four percent. License payments would be paid monthly, with 75%
going to the City and 25% going the City's consultant, Telecom Partners Group, Inc. (dba
ATS Communications). Over the initial term of the proposed agreement the Licensee will
pay $345,776, with the City receiving 75% or $259,332. The Licensee has the option to
extend the initial term of the agreement, upon not cation to the City, for two (2) additional
5 year terms through 2030.
City Council Agency Report
February 15, 2011
Communications Site License Agreement at Tustin Sports Park-STC One LLC
Page 2
The proposed agreement would also allow for a second carrier, Clear Wireless LLC
(Clearwire), to collocate upon the premises. The Licensee has twelve months from the
Effective Date, that is, until August 1, 2011, to collocate Clearwire under the terms and
conditions in the proposed agreement. The collocation of the second carrier will require
the Licensee to pay an additional $12,600 per year ($1,050 per month) escalated at four
percent annually. The City will receive 75% or $113,458 of this additional license payment
over the initial 10 years of Clearwire's occupancy. Clearwire's license rate is competitive
with market rents for carriers that provide WiMAX or 4G services.
In addition to the License Payments, the Licensee has agreed to make a Capital
Contribution. The Licensee has the option of a making a one-time contribution of $22,800
within thirty days of the execution of the license or two installment payments, the first
payment of $14,600 will be made within thirty days of the execution of the agreement, the
second payment of $10,750 is due on the first day of the 5t" year of the License. The
present value of these two installment payments are approximately $22,800. The City will
retain all (100%) of the Capital Contribution which is intended for park improvement
purposes.
BACKGROUND
The existing wireless facilities have been located in the Tustin Sports Park since November
1996. The equipment facilities are located behind the scoreboard adjacent to Jamboree
Road and the antennas are located on three existing light poles located between to two
baseball fields. The light poles are owned by the City.
For a period of 12 years, from November 1996 until November 2008, the wireless facilities
were ground leased by the City to Sprint Communication (now Sprint Nextel) and its affiliates.
From the expiration of the ground lease in November 2008 until the present day, STC One (a
Sprint Nextel company) has continued to occupy the existing facilities and has paid a monthly
rent of $1,448.25, with the City netting 100% of the payment.
Commencing in 2010, the City's consultant, ATS Communications has been engaged in
negotiating a new license agreement with STC One, through its agent, Global Signal
Acquisitions III, LLC (GSA III) for which a Power of Attorney has been granted by STC One
to lease, operate, manage, and administer leasing of their facilities. The existing facilities are
occupied by one wireless carrier, Sprint Telephony. Under the proposed license, Clearwire
would collocate within the existing facility; Sprint has the controlling ownership interest in
Clearwire. The proposed license would be with STC One, LLC, the party obligated for all
terms and conditions under the proposed license agreement.
City Council Agency Report
February 15, 2011
Communications Site License Agreement at Tustin Sports Park-STC One LLC
Page 3
Should you have any questions, staff will be available to respond.
.~
Christine A. Shingleton
Assistant City Manager
Approved for Forwarding By:
David C. Biggs
City Manager
Attachments
STC One, LLC -License at Tustin Sports Park
.. •
Annual Escalator 4.00%
Monthly Base Rent $ 2,400
City Percentage of Gross 75% 17,379 1,448 /mo
ATS percentage of Gross 25%
Yrs Gross City /yr City /mo ATS Share Gross /yr City Share ATS Share
1 28,800 21,600 1,800 7,200
2 29,952 22,464 1,872 7,488
3 31,150 23,363 1,947 7,788
4 32,396 24,297 2,025 8,099
5 33,692 25,269 2,106 8,423
6 35,040 26,280 2,190 8,760
7 36,441 27,331 2,278 9,110
8 37,899 28,424 2,369 9,475
9 39,415 29,561 2,463 9,854
Initial Term (10 years) 10 40,991 30,744 2,562 10,248 345,776 259,332 86,444
11 42,631 31,973 2,664 10,658
12 44,336 33,252 2,771 11,084
13 46,110 34,582 2,882 11,527
14 47,954 35,966 2,997 11,989
1st Option (5 years) 15 49,872 37,404 3,117 12,468 576,679 432,509 144,170
16 51,867 38,900 3,242 12,967
17 53,942 40,456 3,371 13,485
18 56,100 42,075 3,506 14,025
19 58,344 43,758 3,646 14,586
2nd Option (5 years) 20 60,677 45,508 3,792 15,169 857,609 643,206 214,402
Annual Escalator 4.00%
Monthly Base Rent $ 1,050
City Percentage of Gross 75%
ATS percentage of Gross 25%
Yrs Gross City /yr City /mo ATS Share Gross /yr City Share ATS Share
1 12,600 9,450 788 3,150
2 13,104 9,828 819 3,276
3 13,628 10,221 852 3,407
4 14,173 10,630 886 3,543
S 14,740 11,055 921 3,685
6 15,330 11,497 958 3,832
7 15,943 11,957 996 3,986
8 16,581 12,436 1,036 4,145
9 17,244 12,933 1,078 4,311
Initial Term (10 years) 10 17,934 13,450 1,121 4,483 151,277 113,458 37,819
11 18,651 13,988 1,166 4,663
12 19,397 14,548 1,212 4,849
13 20,173 15,130 1,261 5,043
14 20,980 15,735 1,311 5,245
1st Option (5 years) 15 21,819 16,364 1,364 5,455 252,297 189,223 63,074
16 22,692 17,019 1,418 5,673
17 23,600 17,700 1,475 5,900
18 24,544 18,408 1,534 6,136
19 25,525 19,144 1,595 6,381
2nd Option (5 years) 20 26,546 19,910 1,659 6,637 375,204 281,403 93,801_
• . . . • . Gross /yr City Share ATS Share
Initial Term (10 years) 497,053 372,790 124,263
1st Option (5 years) 828,977 621,732 207,244
2nd Option (5 years) 1,232,812 924,609 308,203
4.00% annual escalator
Capital Contribution Payment
Yr Nominal PV
o Sla,ooo.oo Sla,ooo.oo
5 $10,750.00 $8,835.72
10 $0.00 $0.00
S2a,7so.oo 522,s3s.7z
01/31/2011; STC One -Rental Impact and Capitzl C°nbibution (12-02-2010. xlsx
COMMUNICATIONS SITE L[CENSE AGREEMENT
This Communication Site License Agreement ("Agreement") is made this 1st day
of August 1, 2010 ("Effective Date") by and between the City of Tustin, a municipal
corporation, (hereinafter "City"), and STC One, LLC, a Delaware limited liability
company, (hereinafter "Licensee").
GRANT OE LICENSE.
City currently owns property, commonly known as Tustin Sports Park, as legally
described on Attachment No. 1 (the "Property"). City hereby grants a License to Licensee
for the purpose of installing and maintaining certain communications equipment consisting
of antenna support structure, cable runs, and associated equipment ("Licensee's Facilities")
on a portion of the Property as legally described on Attachment No. 2 (the Premises") and
as depicted on Attachment No. 3 (Licensee's Facilities and Non-Exclusive Site Access
Area) together with the non-exclusive right for ingress and egress from and to the nearest
public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any
restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation
and maintenance of utility wires, poles, cables, conduits, and pipes under and along a
minimum ten foot (10') wide right-of--way extending from the nearest public right-of--way
(the Non-Exclusive Site Access Area) to the Premises to be approved in form and content
in City's sole discretion as generally depicted in Attachment No. 3. Licensee shall be
responsible for installing and maintaining access required, subject to the limitations set
forth in this Agreement and more particularly described as follows:
l .l All utility wires, cables, conduits and pipes along or under the Non-Exclusive Site
Access Area shall be below ground.
1.2 Motor vehicles, including trucks shall be limited in their access to Premises on
those portions of the Non-Exclusive Site Access Area that are depicted on Attachment 3.
1.3 Licensee/Tenant shall provide twenty four (24) hours notice to the City prior to
commencing any maintenance or any other activity or work that would interfere with the
use of the park or scheduled City activities or programs. Maintenance and work hours
shall be subject to review and approval by the City. The Licensee shall not interfere with
scheduled City activities within Tustin Sports Park.
2. TERM.
Unless earlier terminated in accordance with this License, the Term of this
Agreement shall be for a Tenn of Ten (1 OZyears commencing upon the Effective Date
herein above written.
3. LICENSE PAYMENT, CAPITAL CONTRIBUTION, OPERATIONAL
EXPENSES AND SECURITY DEPOSIT.
3.1 License Payment. Licensee shall pay a monthly payment ("License
Payment") of Twenty Four Hundred and 00/100 dollars ($2,400) payable to the City on the
trst of each month. The License Payment shall commence upon the Effective Date of this
Agreement. The License Payment will be adjusted upward in accord with Section 8.2, for
additional City approved wireless carriers.
If the monthly License Payment is not paid within thirty (30) days after the due
date, and provided Licensee has complied with all applicable notice and cure provisions
herein, a late charge equal to ten (10) percent of such overdue amount shall be paid by
Licensee for purposes of defraying the expense incidental to handling such delinquent
payment, together with interest from the date such payment was due, at the default rate of
ten (10) percent, per annum, compounded annually. License Payments attributable to
partial months shall be prorated on a daily basis. License Payments and other revenue
owing to the City shall be made pursuant to Attachment No. 6, License Payment Direction
Form, or as modified in writing by the City upon notice to the Licensee.
3.2 Licensee shall pay cone-time non-refundable Capital Contribution to the
City in the amount of Twenty Two Thousand Eight Hundred and 00/100 Dollars
($22,800.00). This payment may be paid in two installments, one of Fourteen Thousand
and 00/100 ($14,000) within thirty days of the execution of this License Agreement, and
the second payment of Ten Thousand Seven Hundred fifty and 00/100 ($10,750) due on
the first day of the fifth year of this License.
3.3 Security Deposit.
3.3.1 Payment and Fonn of Security Deposit. Prior to the Effective Date and
prior to taking possession of the Premises, the Licensee shall pay to City a Security
Deposit in the amount equal to the monthly license fee for three (3) months, or an amount
of Seven Thousand and Two Hundred Dollars ($7,200). In lieu of posting a cash Security
Deposit, Licensee may provide a performance bond to the City of Tustin in the total
amount of Seven Thousand and Two Hundred Dollars ($7,200), naming the City as
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covered obligee, with surety and in the form and substance each acceptable to the City in
its sole discretion.
3.3.2 Performance. Said Security Deposit shall serve as security for the faithful
performance of all Licensee's obligations, and may be applied in satisfaction and/or
mitigation of damages arising from an Event of Default, including but not limited to
delinquent payments, correction of maintenance and repair deficiencies and completion of
construction. Application of amounts on deposit in satisfaction and/or mitigation of
damages shall be without prejudice to the exercise of any other rights provided herein or
by law to remedy an Event of Default.
3.3.3 Maintaining; Security Deposit. In the event any or all said amounts are
applied in satisfaction and/or mitigation of damages Licensee shall immediately deposit
such sums as are necessary or replenish their performance bond to restore Security Deposit
to the full amount required hereunder.
3.3.4 Return of Security Deposit. Said cash Security Deposit amount shall be
returned or performance bond released upon termination of this Agreement less any
amounts that may be withheld from Licensee for Licensee's failure to perform its
obligations hereunder, provided that in the Event of Default, the entire performance deposit
or performance bond shall be forfeited to City.
3.4 Property Taxes and Fees. Licensee shall pay all applicable real property
taxes, and/or all possessory interest taxes or fees applicable to the Premises prior to
delinquency thereof. Licensee shall also pay and discharge punctually, as and when due,
any and all taxes upon personal property, equipment and trade fixtures installed about the
Premises. Licensee shall have the sole responsibility to pay such taxes or fees.
3.5 Utilities. Licensee shall obtain, at its sole cost and expense, any utilities for
the operation of Licensee's Facilities. Licensee will install a separate meter for the
measurement of its power and will pay for utilities used by the Licensee. Licensee shall
promptly pay all assessments, deposits, rents, costs, connections and tap-in fees and other
charges for connection of utilities or installation of utility improvements including any
charges or fees imposed by any utility company or governmental entity or agency for
making such connections and for service throughout the Term of the Agreement.
4. ANNUAL LICENSE PAYMENT INCREASES.
Monthly payments shall be subject to an annual License Payment increase of four
percent (4%) per year, to be increased on the first day of each new calendar year during the
initial term of this Agreement.
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5. LICENSE AGREEMENT EXTENSIONS.
Provided that Licensee is not in default in the performance of this License,
Licensee shall have the option to extend the term of this License for two (2) additional and
consecutive terms of five (5) years each (each a "Renewal Term"), provided that the City
shall have the right to review and modify License terms related to insurance in any renewal
license per City policy. The monthly Licensee Payment shall be the existing Licensee
Payment as adjusted on an annual basis as described in Section 4, Annual License Payment
Increases.
6. GOVERNMENTAL APPROVALS.
It is understood and agreed that Licensee's ability to use the Premises is contingent
upon its obtaining all of the certificates, permits and other approvals (collectively the
"Governmental Approvals") that may be required to comply with Federal and State
Building and Safety Codes including but not limited to the California Building Code and
International Construction Codes, and City zoning and building codes as appropriate,
including any applicable discretionary land use permits such as site plan or use permit
requirements. Licensee may be required by the City Manager or City Manager's designee
or designees (collectively referred to in this License as "City Manager") to provide other
information in the planning process such as site plans, design concepts and photo
simulations of the structural plans. Licensee shall have the right (but not the obligation) to
enter the Premises for the purpose of making necessary inspections and engineering
surveys (and soil tests where applicable) and other reasonably necessary tests (collectively
"Tests") to determine the suitability of the Premises for Licensee's Facilities and for the
purpose of preparing for the construction of Licensee's Facilities. In the event that any of
such applications for such Governmental Approvals should not be approved or any
Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise
withdrawn or terminated by the governmental authority are found to be unsatisfactory so
that Licensee will be unable to use the Premises for its intended purposes, Licensee and
agents representing the Licensee shall have the right to terminate this Agreement. Notice
of Licensee's exercise of its right to terminate shall be given to City Manager in writing by
personal service, or first class mail, or by a nationally recognized courier, and if mailed,
shall be effective upon the mailing of such notice by Licensee. All License Payments
including deposits or fees, if applicable, paid prior to said termination date shall be retained
by the City. Upon such termination, this Agreement shall become null and void and all the
Parties shall have no further obligations, including the payment of money, to each other.
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7. LICENSEE'S USE AND MAINTENANCE OF PREMISES.
7.1 Use. After the Effective Date of this Agreement and following City's
approval of Licensee's Facilities plans and specifications, Licensee may use the Premises
for the provision of mobile/wireless communications services, including transmission and
reception of radio communication signals on various frequencies providing there is no
conflict with the primary purpose of the City-owned Property or City emergency
communication activities including, but not limited to, emergency service responders
serving the City (e.g., the City's Police communication system, the Orange County Fire
Authority communication system, and other emergency communication systems).
Accordingly, Licensee shall have the responsibility to construct, maintain, install,
repair, and operate on the Premises, radio communications facilities, including but not
limited to, radio frequency transmitting and receiving equipment, batteries, utility lines,
transmission lines, radio frequency transmitting and receiving antennas and supporting
structures and improvements.
City acknowledges that Licensee has installed and has been operating Licensee's
Existing Facilities pursuant to an expired Ground Lease dated November 1, 1996. The
Licensee's Existing Facilities have been approved.
7.2 Maintenance of Licensee's Facilities and Dama~~e to Cit~perty.
Notwithstanding the foregoing, once the initial improvements are installed, Licensee shall,
as is necessary, be responsible for the replacement, substitution, upgn-ading and expansion
of its equipment, cables and antennas which comprise Licensee's Facilities and in the
repair and upgrading of the physical structure or communications capabilities of the
Licensee's Facilities, so long as the equipment, cables or antennas remain within the
original physical parameters of the Premises and are consistent with City approved
building permit plans and specifications. Licensee is responsible for notifying the City as
described in this Section 7 prior to performing such work. Licensee shall be responsible
for the cost of any and all damage to City-owned property including but not limited to turf,
concrete and/or asphalt, buildings and/or appurtenances caused by Licensee regardless of
negligence. The City at its discretion may repair and/or replace said damages or contract
for said services and invoice Licensee. Licensee shall pay to City an amount equal to the
amount of said costs which City has invoiced Licensee within thirty (30) days after
presentation by the City Manager to Licensee of a written invoice and supporting
documentation. If any payment to be made by Licensee is not received, a late charge equal
to ten (10) percent of such overdue amount shall be paid by Licensee for purposes of
deti-aying the expense incidental to handling such delinquent payment, together with
interest from the date such payment was due, at the default rate often (10) percent.
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7.3 Noticing on Premises. Licensee shall install any warning signs on or about
the Premises required by federal, state or local law, subject to prior notice to and consent of
City.
7.4 Licensee Maintenance Notification. Licensee shall provide notification to
the City Manager five (5) days prior to any construction work on the Licensee's Facilities
conducted by the Licensee or its agents; provided that no notice shall be required for
routine maintenance and inspection, except as otherwise provided below. Said work hours
are subject to approval by the City. Licensee in providing regular maintenance to the
Licensee's Facilities shall provide twenty-four (24) hour notice to the City Manager prior
to commencing any maintenance that would interfere with the use of City facilities or
scheduled events. Said work hours shall be subject to review and approval by the City.
7.5 Licensee Notification for Emer~,ency Repair. Any work or repair of an
emergency nature will require the Licensee to provide notification by telephone to the City
of Tustin, Police Department's Watch Commander at 714.573.3200 or other designee of
the City Manager who is identified by written notice to Licensee.
7.6 Maintenance of Licensee's Facilities. Licensee shall maintain its Facilities
and shall make all repairs to the Premises necessitated to keep the Premises clean, safe, and
a condition that approximates the initially installed Facilities including landscaping and
exterior finishes. In the event any portion of the Facilities and/or any parts regardless of
fault including but not limited to damage caused by vandalism or Acts of God, except if
damage caused solely by the gross negligence or willful misconduct of City, its employees,
agents, contractors or volunteers, prove to be defective or shall require repair or prompt
maintenance to prevent further deterioration, the Licensee shall, promptly on demand by
the City Manager and in no event later than seven (7) calendar days thereafter, complete
such required repair or work and continuously prosecute the same to completion at its sole
cost and expense. Damage caused by graffiti shall be removed promptly within forty-eight
(48) hours after demand by City Manager to Licensee. This time period for completion of
any required work may be extended with written authorization from the City Manager in
its sole discretion. In the event such authorization is not given and required work and
repairs is not completed within time frames noted herein, or any additional time granted by
the City Manager for completion of work, City shall have the right but not the obligation to
take such actions as are necessary to complete such work, correct such defect or effect such
repair. Any costs incurred by the City or its contractors in performing such work shall be
due and payable by Licensee within ten (10) calendar days of a demand therefore by the
City. If any payment to be made by Licensee is not received, a late charge equal to ten
(10) percent of such overdue amount shall be paid by Licensee for purposes of defraying
the expense incidental to handling such delinquent payment, together with interest from the
date such payment was due, at the default rate often (10) percent.
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8. CITY'S USE OF PREMISES.
8.1 City Business. Notwithstanding this Grant of License right to Licensee,
City and the public shall have the right to conduct City Business on the Property and
within the Non-Exclusive Access Area, excluding that portion of the Premises identified
for Licensee equipment. Nothing in the Agreement shall impair or impact the ability of the
City or the public to use any area adjacent or near the Premises for any lawful purpose.
"City Business" shall include, but not be limited to the following: maintenance,
landscaping, construction, concessionaires, and City sponsored events, active and passive
park activities located on or near the Premises, so long as the City Business does not
interfere with or impair the operation of Licensee's Facilities. City shall have the right to
inspect Licensee's facilities by providing at least twenty four (24) hours advance notice to
Licensee, except in cases of emergency.
8.2 Co-Location and Adjusted License Payment. Licensee shall not otherwise
sublicense the Premises without the prior written consent of City, which consent shall be in
the sole and absolute discretion of City. Notwithstanding the foregoing, City
acknowledges and hereby permits Licensee to continue renting the existing Premises to
Sprint Telephony PCS, L.P.. Notwithstanding the foregoing, the City hereby consents to
Licensee's co-location of Clear Wireless LLC ("Clearwire") upon Premises. The consent
by the City to allow Clearwire co-locate will expire on August 1, 2011, twelve (12) months
from the Effective Date of this Agreement. In consideration for the co-location of
Clearwire, the Licensee will pay the City an additional License Payment ("Adjusted
License Payment") in the amount of One Thousand Fifty and 00/100 dollars ($1,050) per
month from the Effective Date. The Adjusted License Payment shall commence on the
first day of the month following the City's issuance of a building permit for the co-location
of Clearwire. The Adjusted License Payment will be paid to the Licensee monthly and
adjusted in the same manner as set forth in Section 4, Annual License Payment Increases,
of this Atn-eement.
9. INDEMNITY.
9.1 Licensee Indemnification of City. To the maximum extent permitted by
law, Licensee shall defend, with counsel acceptable to City, indemnify, and save harmless
City and its officers, employees, and agents from, and shall pay all costs, expenses and
reasonable attorney's fees for all trial and appellate levels and post judgnnent proceedings
in connection with, any and all claims and demands, actions, proceedings, losses, liens,
costs and judgments of any kind and nature whatsoever, including expenses incurred in
defending against legal actions, for death or injury to persons or damage to property and
for civil tines and penalties to the extent arising out of the occupation or use of the
Premises by Licensee, its employees, agents, servants, guests, invitees, contractors, or
sublessees, including the following:
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9.1.1 Any dangerous, hazardous, unsafe or defective condition, in or on the
Premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the Premises by Licensee, its officers, agents,
employees, sublessees, licensees or invitees from commencement of the term of the
License;
9.1.2 Any operation conducted upon or any use or occupation of the Premises by
Licensee, its officers, agents, employees, sublessees, licensees or invitees under or
pursuant to the provisions of this License or otherwise;
9.1.2.1 Any act, omission, or negligence of Licensee its officers,
agents, employees;
9.1.2.2 The loss of, or damage to any property of Licensee by theft
or otherwise;
9.1.2.3 Any failure of Licensee, its officers, agents, employees or
sublessees to comply with the terms or conditions of this License or any applicable
federal, state, regional or municipal law, ordinance, rule or regulation related to the
use or occupancy of the Premises.
10. INSURANCE.
Licensee shall provide, or cause its member(s) or contractor(s) to provide, and
maintain at its own expense during the term of the work the following insurance covering all
work under this Agreement. Licensee shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein. Such insurance shall be
provided with insurers authorized to do insurance business in the State of California, with a
rating of at least A-, VII or better or A-, X (if offered by a surplus line carrier) according to
the latest Best's Key Rating Guide, except that the City will accept Workers Compensation
Insurance rated B-, VIII or better or from the State Compensation Fund. Evidence of such
insurance in the form of Certificates and signed Insurer Endorsements shall be delivered to
the City prior to commencing with work. The signed Insurer Endorsements (or a copy of the
policy binder, if applicable) shall specifically identify the work and shall provide that (1)
commercial general liability insurance shall be primary to and not contributing with any
other insurance maintained by City, and shall name Licensee, the City and any related entity
of the City, as appropriate, as additional insureds; (2) shall contain a provision that the
insurer waives any right of subrogation against the City insured parties which may arise by
reason of any payments made under a policy; and (3) if Licensee is self insured for Workers'
Compensation, Licensee shall submit to City a copy of its certification of self insurance. All
insurance shall be maintained on an occurrence basis and shall include the following:
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10.1.1 Commercial General Liability Insurance. Commercial general
liability and property damage insurance covering the Premises, including automobile
liability insurance, contractual, broad form property damage, and bodily injury or death,
with a combined single limit of not less than $1,000,000 per occurrence with respect to
personal injury or death, and $1,000,000 per occurrence with respect to property damage.
Coverage shall be at least as broad as Insurance Services Office Commercial General
Liability coverage (occurrence Forn CG 00 O 1).
10.1.2 Workers' Compensation Insurance. To the extent that Licensee has
employees, workers' compensation insurance in an amount and form meeting all
applicable requirements of the California Labor Code, covering all employees of Licensee
and all risks to such persons.
10.1.3 Deductibles. All insurance limits shall be without deduction,
provided that the City may permit a deductible amount in those costs where, in its
judgement, such a deduction is justified.
Commercial General Liability: $100,000
Auto Liability: $100,000
Worker's Compensation: $250,000
10.1.4 Contractors and Subcontractors. Licensee shall not allow any
contractor or subcontractor to commence work until all insurance required of the contractor
or subcontractor has been obtained. All coverages for contractors and subcontractors shall
be subject to all of the requirements stated herein.
10.1.5 Verification of Coverage. The insurer endorsements required herein
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before Licensee execution of the
Agreement.
10.1.6 Vehicle Insurance. Licensee shall maintain sufficient automobile
liability insurance on any vehicle accessing the Licensed premises and such insurance shall
be in the amount of $1,000,000 per accident for bodily injury and property damage.
Coverage shall be at least as broad as Insurance Services Office Form Number CA 00 O1
covering Automobile Liability, Code 1 (any auto).
11. MISCELLANEOUS LICENSEE RESPONSIBILITIES.
11.1 Maximum Permissible Exposure. Licensee shall comply with all present
and future laws, orders and regulations relating to Maximum Permissible Exposure
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("MPE") and other related health issues directly applicable to its operation of Licensee's
Facilities, as well as the American National Standards Institute (ANSI) standards. Without
limiting the provisions of Licensee's indemnity contained herein, Licensee, on behalf of
itself and its successors and assigns, shall indemnify City, its officials, officers, and
employees from and against all claims of personal injuries due to violation of MPE to the
extent such personal injuries are actually caused by Licensee's Facilities on the Premises.
11.2 Non-Interference by Licensee of City Events. The Licensee shall not
interfere or cause to interfere with activities on adjacent City-owned sites including sports
activities and cultural events. Licensee shall notice the City pursuant to Section 7,
Licensee's Use and Maintenance of Premises, of this Agreement regarding maintenance,
repair and installation work.
12. EMERGENCY USE OF SITE.
In cases of emergency, Licensee shall make available to the City police, fire and
emergency services a location for City's communication equipment on Licensee's facilities
at no cost to City. The City is responsible for maintaining its own equipment. The space
to be made available will not create interference with Licensee's communications
operations. The City entities will be afforded 24-hour access to its equipment at the
Premises. In addition, the City will be provided "power backup" by Licensee at the
Premises, if available.
13. DEFAULTS.
It shall constitute an Event of Default under this A~-eement, if a party (the
"Defaulting Party"):
13.1 Failure to Timely Pay ("Monetary Default"). Fails to timely pay any sum
required to be paid by the Defaulting Party pursuant to this Agreement.
13.2 Failure to Perform Under this Af~reement ("Non-Monetary Default"). Fails
to perform, or delays in the performance of, in whole or in part, any obligation required to
be performed by the Defaulting Party as provided in this Agreement.
13.3 Cure Periods. The other Party (the "Injured Party") shall give written notice
to the Defaulting Party of such Event of Default at any time after occurrence thereof,
which notice shall state the particulars of the Event of Default. After receipt of such
written notice, a Defaulting Party shall have ten (10) days in which to cure any Monetary
Default. ANon-monetary Default shall be cured (i) within thirty (30) days after receipt of
written notice from the Injured Party, or (ii) at the Injured Party's sole discretion a longer
10
period of time as may be granted in writing for the cure period if the nature of the cure is
such that it cannot be reasonably accomplished within such thirty (30) day period, but only
if the Defaulting Party has commenced such cure within such thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion to the satisfaction of
the Defaulting Party.
13.4 Remedies. Upon occurrence of an uncured Default by the Parties, the
Injured Party may:
13.4.1 Terminate the Agreement. By written notice to the
Defaulting Party pursuant to Section 20 of the Agreement.
13.4.2 Seek Performance. See specific performance of the
obligations under the Agreement.
13.4.3 All Other Rights and Remedies. Exercise any of its rights
and remedies at law or in equity, or otherwise as provided in this Agreement.
14. LICENSEE'S COMPLIANCE WITH ENVIRONMENTAL LAWS.
14.1. Hazardous Materials. Licensee shall not bring any Hazardous Materials
onto the Premises, except for those contained in its back-up power batteries and common
materials used in telecommunications operations. "Hazardous Materials" shall mean any
substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation, including petroleum and asbestos. Licensee will
treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in
accordance with all federal, state and local laws and regulations.
14.2. Licensee Compliance with Regulations. Licensee will be responsible for all
obligations of compliance with any and all environmental and industrial hygiene laws,
including any regulations, guidelines, standards, or policies of any governmental
authorities regulating or imposing standards of liability or standards of conduct with regard
to any environmental or industrial hygiene conditions or concerns as may now or at any
time hereafter be in effect, that are or were in any way related to the operation of
Licensee's Facilities.
15. CASUALTY
In the event of damage by fire or other casualty to the Premises that cannot reasonably be
expected to be repaired within sixty (60) days following same or, if the Property is
damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt Licensee's operations at the Premises for more than sixty (60) days, then Licensee
may at any time following such fire or other casualty, provided City has not commenced
the restoration required on the Property to permit Licensee to resume its operation at the
Premises, terminate this Agreement upon twenty (20) days written notice to the City. Any
such notice of termination shall cause this Agreement to expire with the same force and
effect as though the date set forth in such notice were the date originally set as the
expiration date of this Agreement and the parties shall make an appropriate adjustment, as
of such termination date, with respect to payments due to the other under this Agreement.
If Licensee decides not to terminate this A~eement, the License Payment shall be abated
proportionally to the reduction of use of the Premises as determined by the City.
16. TERMINATION.
16.1. Compelled Termination. If, during the License Term, there is a
determination made pursuant to an un-appealable order of a county, state, or national
governmental health agency having proper jurisdiction over Licensee's operations that
Licensee's use of the Premises poses a human health hazard which cannot be remedied and
that Licensee must cease all operations on the Premises, then Licensee shall immediately
cease all operations on the Premises and this Agreement shall terminate as of the date of
such order. In the event the Federal Communications Commission, or any successor
agency, makes a determination which is final and non-appealable or which is affirmed and
becomes final after the exhaustion of all available appeals concluding that Licensee's use
as set forth in this Agreement presents a material risk to the public health or safety and that
Licensee must cease all operations on the Premises, City may terminate this Agreement
upon fourteen (14) days notice to Licensee.
16.2. Termination by Licensee. Licensee may terminate this Agreement by
notice to City if (i) Licensee does not obtain all permits, consents, easements, non-
disturbance agreements or other approvals (collectively "approval") reasonably desired by
Licensee or required from any governmental authority or any third party related to or
reasonably necessary to operate, install, maintain, replace, or remove Licensee's Facilities,
or if any such approval is canceled, expires or is withdrawn or terminated without any fault
of Licensee, or (ii) the Property or Licensee's Facilities are, or become, unacceptable under
Licensee's design or engineering specifications for Licensee's Facilities or the
communications system to which Licensee's Facilities belong, so long as Licensee pays
City a termination fee equal to six (6) months rent, or (iii) upon ninety (90) days' written
notice by Licensee if Licensee determines that the Property or Licensee's Facilities are
inappropriate or unnecessary for Licensee's operations due to economic reasons so long as
Licensee pays City a termination amount equal to six (6) months' of the then current
License Payment, as liquidated damages, or (iv) City fails to cure a default within sixty
(60) days after receipt of written notice thereof to cure, or upon any longer period as may
12
ranted to City by Licensee pursuant to Section 13.3. Upon termination, except in the case
of a termination for a Default by City, all prepaid rent shall be retained by City. In the
event Licensee abandons its property for ninety (90) days, including, but not limited to, the
tower structure, antennas, support structures, cabling, equipment, radios or any ancillary
equipment, it shall become the property of the City. Abandonment shall be defined as
stoppage of License Payment for three consecutive months and failure to provide City with
written communication by Licensee regarding use of Licensee Facilities; City is under no
obligation to contact Licensee regarding status of Licensee Facilities during this period.
16.3. Termination by CitX. In the event that Licensee does not cure an Event of
Default pursuant to Section 13, the City may terminate this Agreement, or upon thirty (30)
days prior written notice if the City and Licensee fail to agn-ee upon a Relocation Site in
accord with Section 17 of this Agreement.
17. RELOCATION RIGHT BY CITY.
17.1. City Right to Order Relocation. Anytime after the expiration of the Initial
Term, the City shall have the one-time right to relocate Licensee's Facilities to alternate
space on the Property; to be performed by Licensee or its agents, at the Licensee's sole
cost, to be done in accordance with subsections 17.2 and 17.3 below. Upon relocation of
Licensee's Facilities, the access area and utility rights-of-way areas will be relocated as
required, in the sole discretion of City in coordination with any utility provider, to operate
and maintain Licensee's Facilities. Any relocation of the Licensee's Facilities shall be
consistent with Chapter 3 of Division 4 of the California Public Utilities Code (Section
7901 et seq.) and other sections of the Public Utilities Code, as applicable except that the
provisions of this Section 17.1 shall only remain in force and effect for twenty (20) years.
17.2. Exercising Rifht to Relocation. City shall exercise City's relocation right
under Section 17.1 above by (and only by) delivering written notice (the "Notice") to
Licensee. In the Notice, City shall propose an alternate site within or on the Property to
which Licensee may relocate Licensee's Facilities. Licensee shall have sixty (60) days
ti-om the date it receives the Notice to evaluate City's proposed relocation site, during
which period Licensee shall have the right to conduct tests to determine the technological
feasibility of the proposed relocation site. If Licensee fails to approve of such proposed
relocation site in writing within the sixty-day (60) period, Licensee shall be deemed to
have disapproved such proposed relocation site. If Licensee disapproves such relocation
site, then City may thereafter propose another relocation site by Notice to Licensee in the
manner set forth above. If the City and Licensee fail to find an alternative site for
relocation within six (6) months of the Notice being delivered by the City, the License
shall be terminated pursuant Section 16, Termination. Licensee shall have a period of not
more than twelve (12) months after execution of a written agreement between the parties
13
concerning the location and dimensions of the Relocation Site to relocate Licensee's
Facilities to the Relocation Site. If the right of relocation is exercised by the City, the City
shall grant the Licensee an additional five (5) years under the terms provided for in Section
5.
17.3. A~,reement to Survive Relocation of Licensee's Facilities. Upon relocation
of Licensee's Facilities to the Relocation Site, all references to the Premises herein shall be
deemed to be references to the Relocation Site. City and Licensee agree that the
Relocation Site (including the access and utility right of way) may be surveyed by a
licensed surveyor at the sole cost of Licensee, and such survey will then replace Exhibit
"B" and become a part hereof and will control or describe the Premises. Except as
provided, City and Licensee hereby agree that in no event will the relocation of Licensee's
Facilities, or any part thereof, under Section 17.1 above, affect, alter, modify or otherwise
change any of the teens and conditions of this Agreement other than for the License
Agreement Extensions as provided for in Section 5.
18. CONDITION OF PREMISES AT TIME OF TERMINATION.
Upon termination of this Agreement, Licensee shall within thirty (30) days remove
all of its facilities and all personal property and restore the Premises, as defined in this
Agreement, to a condition satisfactory to the City. City acknowledges that all of the
equipment and personal property of Licensee shall remain the personal property of
Licensee and shall not be deemed fixtures, and Licensee shall have the right to remove
such facilities. City may, at its sole discretion, agree to provide reasonable additional time
to remove facilities. In such event, Licensee shall pay the License Payment as adjusted
upward by twenty-five percent (25%) until such time as the facilities and personal property
are removed. In the event, the Licensee fails to remove the facilities and personal property
as requested by the City, the City may remove the facilities and personal property at the
cost of the Licensee.
I9. NON-INTERFERENCE WITH PUBLIC COMMUNICATIONS
SYSTEMS.
19.1. Non-Interference with Public Safety Communication S.. std. Before
activating Licensee's Facilities, Licensee shall submit to apost-installation test to confirm
that the "planning and frequency coordination" of the facility was successful in not
interfering with the City of Tustin's Public and Safety radio equipment. The test will be
conducted by the Communications Division of the Orange County Sheriff-Coroner
Department or aDivision-approved contractor at the expense of the applicant. This post-
installation testing process shall be repeated for every proposed frequency addition and/or
change to confirm the intent of the "frequency planning" process has been met. Licensee
shall provide a 24-hour phone number to which interference problems may be reported.
14
To ensure continuity on all interference issues the name, telephone number, fax number,
and e-mail address of a "single point of contact" in its Engineering and Maintenance
Departments shall be provided to the City prior to activation of the License Facilities as
well as a telephone number to its Network Operations Center.
19.2. Notes to be Added to Licensee's Submitted Plans. Licensee recognizes that
the frequencies used by the wireless facility located at the Premises are close to the
frequencies used by the City of Tustin for public safety. This proximity will require
extraordinary "comprehensive advanced planning and frequency coordination" engineering
measures to prevent interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by the Association
of Public-Safety Communication Officials-International, Inc. (APCO) and as endorsed by
the Federal Communications Commission (FCC). Prior to the issuance of any permits to
install the facility, Licensee shall meet in good faith to coordinate the use of frequencies
and equipment with the Communications Division of the Orange County Sheriff-Coroner
Department to minimize, to the greatest extent possible, any interference with the Public
Safety 800 MHz countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless communications
facility that may be located on the subject property.
The Licensee shall provide a 24-hour phone number to which interference
problems may be reported. To ensure continuity on all interference issues the name,
telephone number, fax number, and e-mail address of a "single point of contact" in its
Engineering and Maintenance Departments shall be provided to the City upon activation of
the facility. City acknowledges that Licensee has already installed and has been operating
Licensee's Existing Facilities pursuant to that certain Ground Lease dated November 1996
between the City and Licensor's predecessor in interest. Licensee's Existing Facilities are
hereby approved. Licensee may continue to use the Premises for mobile/wireless
communications services, including transmission and reception of radio communication
signals on various frequencies providing there is no conflict with the primary purpose of
the City-owned property or City communication activities including, but not limited to,
emergency service responders serving the City (e.g., the City's Police communication
system, the Orange County Fire Authority conununication system, and other emergency
communication systems). City acknowledges that the requirements of this Section 19 have
been met with Licensee's Existing Facilities. Any addition or modification of the
frequencies used by Licensee at this site shall be addressed as previously stated in this
section.
20. MISCELLANEOUS PROVISIONS.
20.1 Authority of Signatories. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to
15
each of the terms of this Agreement, and each party shall indemnify the other fully,
including reasonable costs and attorney's fees, for any injuries or damages incurred in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
20.2 Integration and Amendments. The Agreement constitutes the entire
agreement between the Parties pertaining to the subject matter hereof. This A~-eement
may not be modified, amended, supplemented, or otherwise changed except in writing
executed by both Parties.
20.3 Partial Invalidity. If any provision of the Agreement is declared to be
invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining
provisions hereof shall not in any way be affected or impaired
20.4 Rte. The failure of either Party to insist upon strict performance of any
of the terns or conditions of this Agreement or to exercise any of its rights under the
Agreement shall not waive such rights and such Party shall have the right to enforce such
rights at any time and take such action as may be lawful and authorized under this
Agreement, either in law or in equity.
20.5 Governing Law. This Agreement and the performance thereof shall be
governed, interpreted, construed, and regulated by the laws of the State of California, with
venue in Orange County.
20.6 Attorney's Fees. The substantially prevailing party in any legal action or
lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs,
including appeals, if any.
20.7 Assi n~ment. Licensee shall not assign, transfer or sublet any right or
interest in this Agreement without written approval of the City which such approval shall
not be unreasonably be withheld provided, however, that Licensee may assign its interest
to its parent company, any subsidiary or affiliate of it or its parent company or to any
successor-in-interest or entity acquiring more than fifty percent (50%) of its stock or assets,
subject to any financing entity's interest, if any, in this License. Upon assignment,
Licensee shall be relieved of all future performance, liabilities, and obligations under this
License Agreement, provided that the assignee assumes all of Licensee's obligations
herein.
20.8 No Joint Venture. The Parties acknowledge and agree that this Agreement
shall not be deemed or constructed as creating a partnership, joint venture or similar
association between the City and Licensee and the relationship between the Parties shall
remain solely that of contracting Parties.
16
20.9 Notices. Any notice required to be given under this Agreement shall be
provided in writing, unless otherwise indicated, and may be provided by personal service
or first class mail, postage prepaid, or sent next-business-day delivery by a nationally
recognized overnight courier as follows:
To City:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: Assistant City Manager/City Manager's Office
Tustin Redevelopment Agency
To Licensee:
STC One LLC
c/o Crown Castle USA Inc.
E. Blake Hawk, General Counsel
Attention: Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317-8564
Additional Notice to:
President
ATS Communications
22642 Lambert Street, Suite 402
Lake Forest, CA 92630
20.10 Time is of the Essence. Time is of the essence with respect to any act to be
performed under this Agreement.
20.11 Attachments. Attached hereto are the following, all of which constitute
part of this Agreement:
A. Attachment No. 1, Legal Description of the Property
B. Attachment No. 2, The Premises
C. Attachment No. 3, Licensee's Facilities and Non-Exclusive Site Access Area
D. Attachment No. 4, Agreement to Conditions Imposed
17
E. Attachment No. 5, License Payment Direction Form
F. Attachment No. 6, Addendum to Standard Form Communications Site License
Agreement
G. Attachment No. 7, Pre-Approved Assignment Entities
***SIGNATURES ON FOLLOWING PAGE***
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
CITY OF TUSTIN
sy:
David C. Biggs, City Manager
LICENSEE:
STC One LLC, a Delaware limited
liability company
By: Global Signal Acquisitions III LLC,
a Delaware limited liability company, its
Attorney in Fact
Name:
Title:
Date:
19
Attachment No. 1
Legal Description of the Property
All that certain real property situated in the County of Orange, State of California,
described as follows: Parcel 2 of Parcel Map No. 88-316, in the City of Tustin, County of
Orange, State of California, as per map recorded in Book 262, Page(s) 45 and 47 of Parcel
Maps, in the Office of the County Recorder of said County.
Assessor's Parcel Number: 501-112-OS thru 12, 501-112-14 & 501-1 12-16
Attachment No. 2
The Premises
See the attached drawings
"Sprint, Tustin Sports Park, CA-ORC5102-B, 12850 Robinson Drive, Tustin CA 92782"
referenced as Sheet A- l .
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Attachment No. 3
Licensee's Facilities and Non-Exclusive Site Access Area
"Sprint, Tustin Sports Park, CA-ORC5102-B, 12850 Robinson Drive, Tustin CA 92782"
referenced as Sheet A-2 and A-3 and further described below.
1. OVERALL EQUIPMENT LICENSE AREA INCLUDING LICENSEE (STC
ONE) AND OTHER CARRIER (ATT)
Business Unit Number (BUN) #879019
Site Name: Tust Ran
12850 Robinson Drive
Tustin, California
A portion of Parcel 2 of Parcel Map No. 88-316, tiled in Book 262 at Pages 45 through
47, located in the City of Tustin, County of Orange, State of California, and being more
particularly described as follows:
COMMENCING at a found Cotton Picker Spindle at the center line intersections of
Robinson Drive and Jamboree Road, said cotton picker spindle bears South 24 degrees
24 minutes 00 seconds East, a distance of 342.5 I feet from a cotton picker spindle
found on the center line of Robinson Drive;
THENCE in a direct line, South 82 degrees 37 minutes 35 seconds West, a distance of
589.11 feet to an existing wrought iron fence intersection point being the POINT OF
BEGINNING of the irregular shaped Overall Equipment License Area;
THENCE along said wrought iron fence line, South OS degrees 15 minutes 00 seconds
East, a distance of 19.66 feet to the Southeast corner of said of said wrought iron fence;
THENCE continuing along said fence line, South 84 degrees 08 minutes 21 seconds
West, a distance of 26.44 feet to the Southwest corner of said wrought iron fence;
THENCE continuing along said fence line, North 04 degrees 26 minutes 48 seconds
West, a distance of 31.47 feet to the Northwest corner of said wrought iron fence;
THENCE continuing along said fence line, North 84 degrees 31 minutes 27 seconds
East, a distance of 26.00 feet to the Northeast corner of said wrought iron fence;
THENCE continuing along said fence line, South OS degrees I S minutes 00 seconds
East, a distance of 11.63 feet to an existing wrought iron fence intersection point being
the POINT OF BEGINNING of the irregular shaped Overall Equipment License
Area containing 823 square feet (0.0188 acre) of land more of less.
PROPERTY OWNER
City of Tustin
300 Centennial Way
Tustin, California 92780
PROPERTY ADDRESS
12850 Robinson Drive
Tustin, California 92680
PARCEL NUMBER AND MISCELLANEOUS INFORMATION
APN #501-1 12-08
Deed -Document 91249110, dated 5/21/1991
Overall Equipment License Area - 823 square feet (0.0188 acre) of land.
2. NON-EXCLUSIVE LICENSEE (STC ONE) ACCESS EASEMENT
Business Unit Number (BUN)-#879019
Site Name: Tust Ran
12850 Robinson Drive
Tustin, California
A portion of Parcel 2 of Parcel Map No. 88-316, filed in Book 262 at Pages 45 through
47, located in the City of Tustin, County of Orange, State of California, and being more
particularly described as follows:
COMMENCING at a found Cotton Picker Spindle at the center line intersections of
Robinson Drive and Jamboree Road, said cotton picker spindle bears South 24 degrees
24 minutes 00 seconds East, a distance of 342.51 feet from a cotton picker spindle
found on the center line of Robinson Drive;
THENCE in a direct line, North 69 degrees 33 minutes 12 seconds West, a distance of
1291.53 feet to a found 1 "Pipe with Tag at the Northwest corner of the Parent Parcel;
THENCE along the Northwest line of the Parent Parcel and the Southeast right-of-way
line of Robinson Drive, North 65 degrees 50 minutes 00 seconds East, a distance of
95.18 feet to the POINT OF BEGINNING of the 18.00 feet wide Non-Exclusive
Access Easement, being 9.00 feet on each side of the following described center line;
THENCE leaving the Southeast right-of--way line of Robinson Drive, South 24 degrees
10 minutes 00 seconds East, a distance of 52.00 feet;
THENCE South 69 degrees 10 minutes 00 seconds East, a distance of 22.00 feet;
THENCE South 24 degrees 10 minutes 00 seconds East, a distance of 295.26 feet;
THENCE South 65 degrees 38 minutes 49 seconds West, a distance of 33.80 feet to the
SOUTHWEST TERMINUS of the 18.00 feet wide Non-Exclusive Access Easement
containing 7,255 square feet (0.1665 acre) of land more of less, the sidelines of said
easement to be lengthened or shortened to terminate in a line perpendicular to the
Southwest Terminus and begin in the Southeast right-of--way line of Robinson
Drive.
PROPERTY OWNER
City of Tustin
300 Centennial Way
Tustin, California 92780
PROPERTY ADDRESS
12850 Robinson Drive
Tustin, California 92680
PARCEL NUMBER AND MISCELLANEOUS INFORMATION
APN #501-112-08
Deed -Document 91249110, dated 5/21/1991
Non-Exclusive Access Easement Area - 7,255 square feet (0.1665 acres) of land
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Attachment No. 4
Agreement to Conditions Imposed
NA
Attachment No. 5
License Payment Direction Form
Licensee shall make monthly License Payments to the following:
City of Tustin
Finance Department
300 Centennial Way
Tustin, CA 92780
Attn: Finance Director
Attachment No. 6
Addendum to Standard Form Communications Site License Agreement
NA
Attachment No. 7
Pre-Approved Assignment Entities
NA