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16 GD LEASE COX CABLE 12-02-96
NO. 16 12-2-96 DATE: DECEMBER 2, 1996 Inter-Com TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONSIDERATION OF A GROUND LEASE WITH COX CALIFORNIA, PCS INC. FOR THE INSTALLATION OF A CELLULAR COMMUNICATION FACILITY AND ELECTRONIC SCOREBOARD AT THE TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Recommendation: That the City Council authorize the City Manager to execute the Ground Lease between the City of Tustin and Cox California, PCS, Inc. for the installation of cellular communications and scoreboard facilities at the Tustin Sports Park (12850 Robinson Drive). Background and Discussion: Cox California, PCS, Inc. ("Cox") is a public utility company licensed to operate Personal Communications Services (PCS) in California by the Federal Communications Commission (FCC).. Cox is developing its network in Orange County; and, has requested approval to locate a cellular communication facility at the Tustin Sports Park and has offered associated public improvements (purchase and installation of two scoreboards and controllers). Project Description' The project consists of the installation of an electronic equipment area (approximately 250 square feet) containing five (5) metal equipment boxes (approximately 2.5'x 5' each) supporting three (3) sets of antenna array mounted vertically on three (3) eighty foot high light standards. The equipment is proposed to be located between Fields Nos. 2 and 3, approximately 100 lineal feet from Jamboree Road. The equipment area' will be enclosed and screened by a six (6) foot high wrought iron fence and mature landscaping. The proposed 23 foot high scoreboards would be installed in front of the equipment area serving Fields No. 2 and No. 3. (Attachment 2, 3, and 4). If the lease is approved, final design specifications will be subject to review and approval by the Community Services and Community Development Departments. Cox Communication Grou, .... ease: December 2, 1996: Page 2 Ground Lease Terms and Conditions. The specific terms and conditions established in the ground lease are identified in Attachment 1. The information below describes the major provisions of the lease: The term of the lease .would expire at the end of seven (7) years but could be renewed for five (5) additional periods of one (1) year each; Cox would be required to pay $1,000 in monthly rent; Cox's use of the facility may not interfere with the park use without notice and City approval; Cox would be required to obtain all related development permits, business licenses, and state and federal licenses; Licensing by the FCC to meet American National Standards Institute (ANSI) standards would be required. In addition, the lease requires an annual test to ensure emissions do not exceed acceptable levels. The cost of the annual test would be borne by Cox; and, At lease termination, Cox would be required to remove the cellular related equipment to the City's satisfaction within 60 days. The City Attorney has reviewed and approved the content and form of the proposed ground lease. Parks and Recreation Commission: The Parks and Recreation Commission considered the proposed park improvements at its meetings of October 17 and November 7, 1996, and recommended Council approval subject to the following concerns and conditions: . Commission Concem: The neighborhood area residents should be 'notified of the project. The notice should include a statement that the project information is available for review at City Hall. Staff Response: Staff provided notice of the project in the Tustin News; sent individual notices to 480 property owners within a 300 foot radius of the park site; posted notices on the site, at the adjacent apartment complex, and at City Hall; and, made information regarding the project available for review at City Hall. 'To date, no inquiries have been received regarding this project. 2. Commission concern: The Health Study should be made available to the Parks and Recreation Commission. Cox Communication Ground ,- ,e: December 2, 1996: Page 3 Staff Responses: A Statement of Compliance with Radio Frequency Power Density Standards for the General Public prepared for this facility was forwarded to the Commission and is included as Attachment 5. 3. Commission Concern: Emission levels should be tested annually for the initial term of the least (seven years) and should to be paid for by Cox. · Staff Response: The lease requires that annual testing be conducted at Cox's expense; however, a certified engineer Would be hired by the City. Fiscal Impact: If authorized by the City Council, Cox will submit $2000.00 during the Permit Phase, $500.00 per month until the Operational Phase Commencement date, and $1000.00 per month during the Operational Phase until the lease expires. In addition, Cox will pay the costs associated with the scoreboard and controller installations of approximately $18,000-$20,000. The expenses incurred by the City relate to administrative costs in reviewing and enforcing the provisions of the lease. Elizabeth A. Binsack Community Development Director Attachments: 1. Draft Ground Lease Between Cox California, PSC, Inc. and the City of Tustin 2. Site Plan 3. Photo Simulation of the proposed improvements 4. Proposed scoreboard specifications 5. Statement of Compliance with Radio FrequencY Power Density Standards for the General Public 6. Working drawings of the proposed improvements (Available in the City Council's Packets and available for public review at City Hall) m soffice\eab\agenda\cox.doc Attachm.ent I Draft Ground Lease Between Cox California, PSC, Inc. and the City of Tustin GROUND LEASE [Scoreboard and Antennae to be Constructed] THIS GROUND LEASE ("Lease") is dated for reference purposes only this twenty- sixth day of November, 1996, by and between CITY OF TUSTIN, a municipal corporation ("Landlord"), and COX CALIFORNIA PCS, INC., a Delaware corporation. ("Tenant"). WHEREAS, Landlord is the owner of certain real property in the City of Tustin, County of Orange, State of California, commonly known as 12850 Robinson Drive and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). WHE~, Tenant desires to lease from Landlord and Landlord desires to lease to Tenant that portion of the Property shown as cross-hatched on the plot plan of the Property attached as Exhibit "B' hereto and made a part hereof showing in addition a description of Tenant's "Licenses," as defined below, (collectively, the "Premises"). NOW, THEREFORE, Landlord hereby leases the Premises and grants the Easements to Tenant on the terms and conditions hereinafter set forth. 1. Term and Commencement This Lease shall be for a Term commencing on ("Term Commencement Date"), and ending seven (7) years thereafter ("Initial Term"). The Commencement Date shall be upon the fuil execution of this Lease agreement. Notwithstanding the foregoing, it is understood and agreed between the parties that Tenant's use of the Premises is contingent upon Tenant obtaining all necessary governmental approvals and permits to allow it to construct and operate the "Communications Facility," as such term is defined in Paragraph 7 hereinbelow, on the Premises. The period of time from the Term Commencement Date to the date on which Tenant has obtained all necessary governmental approvals and permits and has provided Landlord written notice of the commencement of construction of its Communications Facility, as provided below, shall be called the "Permit Phase." The period of time from the date of the written notice by Tenant to Landlord of the commencement of construction of the Communications Facility to the expiration of the Term of this Lease shall be called the "Operational Phase." Tenant has no expectation of an extension or renewal of this Lease, except as provided herein. 2. Additional Terms and Renewals. Tenant has the right to and option under the Lease to extend the tern', for five (5) additional periods of one (1) year each (a "Renewal Term"). Except as provided herein, each Renewal Term shall be on the same terms and conditions as set forth in this Lease. This Lease shall automatically be extended for each Renewal Term unless Tenant notifies Landlord in writing of Tenant's intention not to extend this Lease at least ninety (90) days prior to expiration of the Term or the then-existing Renewal Term, as the case may be. At the end of the term of the Lease, in the event the Lease is not renewed or extended, Tenant agrees that it has no right to claim just compensation or relocation benefits under the United States Constitution, California Constitution or federal or state law. Tenant fully and irreVocably releases Landlord and the City of Tustin from all such claims, liabilities, and causes of action, including attorneys' fees and cost. In the event of renewal or extention of this Lease, the Community Development Department may impose new conditions to protect the public health, safety and general welfare. 3. Licenses. Landlord hereby grants to Tenant the following revocable licenses: (i) a nonexclusive license for vehicular and pedestrian ingress and egress to and from the Premises Draft #6 Page 1 of 9 OR102-1A Tustin Ranch twenty-four (24) hours a day, seven (7) days a week as shown and marked "Access License" on Exhibit 'B" attached hereto, (ii) a nonexclusive, license for the installation and/or use of sub- surface utility lines, including, without limitation, electrical, water, gas, telephone, power, drains and/or sewer pipes located or to be located under, across and through those portions of the Property as shown and marked "Sub-Surface Utility License" on Exhibit "B' attached hereto, (iii) a nonexclusive, license for the installation and/or use of overhead utility lines, including, without limitation, electrical, telephone, power and/or other utility lines, ancl/or support apparatus located or to be located above, across and through those portions of the Property as shown and marked "Overhead Lines Utility License" on Exhibit "B" attached hereto, and (iv) zero (0) assigned parking space(s) as shown and marked "Assigned Parking Space(s)" on Exhibit "B' attached hereto and one (1) unassigned parking space(s) as shown and marked" 'o · Non-Assigned Parking Space(s)" "B' collectively, the cerise ). The Licenses shall be deemed automatically revoked at the end of "Li "' on Exhibit attached hereto individually and the Term of the Lease or on earlier termination of the Lease by either Landlord or Tenant as otherwise authorized herein. The Licenses shall include placement and traffic of such trucks, vehicles and heavy or other construction or repair machinery on the Property from time to time as may be necessary or appropriate for the construction, installation, operation, maintenance, replacement and/or removal of the Communications Facility. Tenant shall promptly repair upon written notice by Landlord to Tenant all damage to the Property, if any, directly caused by Tenant's construction or use of the Licenses to a condition that existed immediately prior to such damage; provided, however, that Tenant shall not be liable to Landlord or any such other person or entity entitled to use the Property on which the Licenses are located for any consequential damages, including economic loss, attributable to such use, damage or repairs. To the extent that the Licenses and improvements thereon are consla'ucted or used by Tenant exclusively, and except for such maintenance necessitated by the use or negligent misuse of 'the License by Landlord and/or Landlord's assigns, independent contractors, agents and/or invitees, Tenant shall maintain during the Term of this Lease the. Licenses and all improvements thereon in good condition and repair, free and clear of any obstructions and other hazards to persons entitled to use the Licenses. The Licenses shall be part of the Premises so long as this Lease is in full force and effect and Premises, &s that term is used in this Lease, shall include by definition the Licenses. 4. Permit Phase Termination. Landlord understands and agrees that Tenant's ability to use the Premises is contingent on the Premises and the Licenses being suitable fOr Tenant's intended use from both an economic and technical engineering basis, and on Tenant's ability to obtain and maintain all required governmental permits and approvals. In the event that during the Permit Phase, Tenant, in its sole discretion, determines that the Premises and/or the Licenses are or have become unsuitable and/or any required governmental permits or approvals cannot be obtained or maintained and/or the cost or effort required to obtain and/or maintain such governmental permits and approvals is or has become, in Tenant's judgment, economically impractical, then Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Landlord. To obtain governmental' approvals, Tenant shall submit a photo-metric simulation of structural plans for building permits. The City of Tustin Community Development Director shall review and approve architectural plans prior to execution of the agreement and the issuance of building permits. 5. Rent. Concurrently with the execution of this Lease, Tenant shall pay to Landlord the sum of Two Thousand Dollars ($2,000.00) as payment in advance for Rent during the Permit Phase of this Lease; provided, however, in the event said period of time should extend beyond four (4) months from the Term Commencement Date, Tenant shall pay to the Landlord the sum of Five Hundred Dollars ($500.00) per month in advance on the first day of the month, for each month thereafter until the "Operational Phase Commencement Date," as defined below; or earlier termination hereof during the Permit Phase, as provided in Paragraph 4 above. In the event of such termination by Tenant, all sums theretofor paid by Tenant to Landlord as Rent Draft #6 Page 2 of 9 OR102-1A Tustin Ranch during the Permit Phase shall remain the property of Landlord. Tenant shall give Landloi'd written notice upon commencement of consh-uction of the Communications Facility on the Premises, and the date of said notification shall become the commencement date of the Operational Phase of this Lease ("Operational Phase Commencement Date"). A copy of such written notification shall be attached hereto for future reference regarding the anniversary date of the commencement of payment of Operational Phase Rent. Beginning with the Operational Phase Commencement Date, Tenant shall pay to Landlord monthly Rent in.the sum of One Thousand Dollars ($1,000.00) per month in advance on the first day of each and every month during the Term as such amount may be increased or decreased as hereinafter provided. Begirming at the expiration of the first twelve-month period following the Operational Phase Commencement Date and continuing for each twelve-month period thereafter, .including during any Additional Term, the Rent shall be increased or decreased, if applicable, by the percentage increase or decrease of the Consumer Price Index for All Urban Consumers applicable to the Los Angeles-Anaheim-Riverside area published by the U.S. Department of Labor, Bureau of Labor Statistics subgroup "All Items (1982-84 = 100)" ("Index") then in effect, over the index that was in effect at the commencement of the immediately preceding twelve-month period; provided, however, that in no event shall the increase or decrease in Rent payable, as adjusted, be greater than five percent (5%) of the Rent payable for the twelve-month period immediately preceding said adjustment and in no event shall said Rent decreaSe below the original Rent effective on the Operational Phase Commencement Date. 6. Use. Tenant shall have the right to use the Premises for the purposes of construCtion, maintaining and operating its Cdmmunications Facility as provided herein. Tenant's use, installation, maintenance, repair or replacement of the facility shall not interfere with the use of the primary park use. Tenant shall provide written notification to the City five (5) days prior to any work on the site conducted by the Tenant. Said work and work hours are subject, to review and approval by the City. Any work or repair of an emergency nature will require the Tenant to provide the City with reasonable notice. Tenant shall be responsible to provide regular routine maintenance to the facility. Tenant shall provide twenty-four (24) hour written notification to the City prior to commencing any maintenance that would interfere with the use of the scoreboard during scheduled events. Said maintenance and work hours shall be subject to review and approval by the City. ' Within sixty (60) days of the final building inspection, the Tenant shall provide for completion of an emission test. Said test shall be taken from the perimeter of the leased space and prepared by a certified engineer selected by the City. The City will obtain, in writing, three (3) bids from certified engineering firms and select the lowest responsible bidder to perform such emission test. At Tenant's cost, such testing shall be conducted on an annual basis. If said emissions exceed the acceptable levels, then said antenna shall be disengaged immediately, .and,~ration discontinued. Acceptable levels sh_a!lrnean test results tha. t . ~ corn 1 w~th the standards set b the Federal Commumcations demonstrat~~~'~'els which p y ' Y Commission. Without limiting the provisions of Tenant's indemnity contained herein, Tenant, on behalf of itself and its successors and assigns, shall indemnify the Landlord from and against all claims of personal injuries due to EIVIFs to the extent such personal injuries are caused by Tenant's Facilities on the Premises. 7. Construction and Alterations. Subject to the obtaining of all necessary governmental approvals, Tenant shall have the right to construct and install on the Premises its communications facility with such specifications as Tenant shall determine, to consist of one building with communications equipment and pole mount with antennae array and all necessary appurtenances, support equipment and such other equipment, cables and/or conduits as may be appropriate for Tenant's business use of the Property ("Communications Facility"). Tenant shall not interfere in any way with radio or other equipment which Landlord or any other user Draft #6 Page 3 of 9 OR102-1A Tustin Ranch may have on or in the Property at the time Tenant's equipment is installed. The Communications Facility installed by Tenant, including, without limitation, the building, pole ~nr°e~U~..t.,'__an!er~, ae,.arra..Y, communications equipment and the support e ui ~ - ,,u~es, mciuc~mg me suvvort en '~,,~,--+ ~ ..... -, ..... -- q pment located on the property of Tenant. -~ -~ult, ........ ,-~-,,teu on me Licenses, shall at all times be the sole 8. Cooperation; Indemnity. Landlord shall cooperate with Tenant in supporting . applications for governmental permits or approvals covering Tenant's use, construction and/or occupation of the Premises, including the Licenses, provided that Tenant shall reimburse Landlord for any and all reasonable expenses attributable to said cooperation which are approved in advance by Tenant in writing. Tenant shall keep the' Property and the Premises free from mechanics' Hens arising out of Tenant's construction. Tenant shall indemnify and hold Landlord harmless from any claim, demand or cause of action which may arise from Tenant's · · . . t _or .o. rr~ sion or willful mrsconauct in the construction, installation, o erati muance or irs commtmications Facili~ ......... - ' p 'on or L.,,, ~x~:epr tot any occurrence attributable, in whole or part, to Landlord and/or its assigns, tenant, agents, employees, customers, invitees or contractors. 9. Quiet Enjoyment and Landlord's Non-Interference. La._n._.dlord shall not cause, or permit any party controlled by Landlord to cause, any interference with the construction, installation, maintenance and/or operation of Tenant's Co.mmunications Facility. In addition, without limitation, Tenant shall have the right to terminate this Lease in the event of any material interference with the Communications Facility which remains uncured for a period Of ten (10) days after notice thereof to Landlord. Specifically, without limitation, Landlord shall not cause, or permit a2rty party controlled by Landlord to cause, (i) any delay in the delivery of possession of the Premises to Tenant beyond the Term Commencement Date and/or (ii) any interference with the proper and optimum placement and operation of all equipment and apparatus by Tenant to construct and operate the Communications Facility.on the Premises. Tenant, in the use or maintenance of the property, shall not interfere with normal park operations, including activities .which utilize the scoreboard. 10. Utilities and Taxes. Tenant shah pay all utilities to the extent required for Tenant's use of the Premises. Landlord and Tenant shall reasonably cooperate to provide for a separate metering of said utilities. Landlord shall pay for all real property taxes and assessments against the Premises; however, that Tenant shall, if requested by Landlord, pay to Landlord any increase in said taxes or assessments based solely on the assessed value of any improvements constructed by Tenant on the Premises for operation of its Communications Facility, and provided, further, that Tenant. shall have the right to protest and contest any such taxes or assessments with the appropriate governmental authority. Tenant shall pay all personal property taxes on its equipment located on the Premises. 11. Removal of Property. Tenant shall remove, within a reasonable period of time (not to exceed sixty (60) days) following the expiration of the Term hereof, such' personal property, equipment, trade fixture(s) and improv,,e, ment(s) as are specifically desi ated as required to be rem. oved by Tenan. t, if any, on Exhibit B" attached hereto. If any suchg~ersonal property, equipment, trade fixtures, and improvements are not specifically designated as required to be removed by Tenant on Exhibit "B," then Tenant shall have the right, but not the obligation, to remove such items within a reasonable period of time (not to exceed sixty (60) days) following the expiration of earlier termination of the Term hereof. Tenant is required to return site and the scoreboard and facility improvements in a condition acceptable to the City. Any personal property, equipment, trade fixtures and improVements which are not removed by Tenant within sixty (60) days after the expiration or earlier termination of this Lease shall, upon the expiration of said sixty (60) day period, become the property of Landlord (subject, however, to any interest therein or rights thereto of any third parties in accordance with Paragraph 28 of Draft #6 Page 4 of 9 OR102-1A Tustin Ranch this Lease) and Tenant shall thereafter have no rights, obligations or liabilities whatsoever with respect thereto. 12. Title Matters. Landlord represents and warrants that it has full authority to enter in to this Lease and to grant tile Licenses and that Landlord has fee title to the Property and the Premises, subject to only those exceptions as shown on Exhibit "C" attached hereto and made a part hereof ("Permitted Title Exceptions"), and that Landlord has provided to Tenant copies of all agreements and documents affecting Tenant's use of the Premises and/or leasehold estate acquired hereunder. 13. Assignment. Tenant may, without Landlord's approval and in Tenant's sole discretion, assign the Lease and all Licenses held under the Lease (i) to any entity which has, directly or indirectly, a 30% or greater interest in Tenant (a "Parent") or in which Tenant or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any entity with which Tenant and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Tenant or any Affiliate; or (iv) to the holder or transferee of the Federal Communications Commission ("FCC") license under which Tenant's Facility is operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to Landlord a document in which the assignee assumes responsibility for all of Tenant's obligations under the Lease arising from and after the effective date of assignment. 14. Insurance. Throughout the Term, Tenant shall maintain insurance against public hability for injury to persons (including death) or damage to property occurring within, upon or about the Premises or Property. Such insurance policy shall be a combined single limit policy in an amount not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate and Landlord shall be named as an additional insured under the policy. Said insurance may be in the form of general coverage or floating policies covering these and other premises. 15. Damage or Destruction. If the whole or any part of the Communications Facility or the Premises, including the Licenses, are damaged or destroyed by fire, the elements, subsidence of sublateral or subjacent support or any other casualty (all of which are herein called "damage"), makes the Premises unsuitable or uneconomic for Tenant's use, Tenant may terminate this Lease and all of the obligations of either party hereunder upon written notice to Landlord provided that such notice is given by Tenant to Landlord within thirty (30) days of the later to occur of (i) the date of such damage or (ii) Tenant's determination that continued use of the Premises is unsuitable or uneconomic .- 16. Tenant's Default. If Tenant shall fail to make any payment of Rent herein provided when due, Landlord shall forward written notice of such failure to Tenant, as provided in Paragraph 29 hereinbelow, and the failure of Tenant to cure within fifteen (15) days after Tenant's receipt of said notice shall be an "Event of Default" under this Lease and Landlord may thereafter terminate this Lease upon fifteen (15) days written notice to Tenant and pursue any and all other remedies available to it under law. If Tenant shall fail to perform any of the terms or provisions of this Lease Other than the payment of Rent, and if Landlord shall give Tenant written notice, as provided herein, of, if the failure to perform' is of such character as to require more than thirty (30) days to cure and Tenant shall not use reasonable diligence in commencing a cure of such failure during said period, such failure shall be deemed an "Event of Default" of Tenant's obligations under this Lease and Landlord may thereafter terminate this Lease upon fifteen (15) days written notice to Tenant and pursue any and all other remedies available to it under law. Tenant shall not be in default under this Lease unless and until an "Event of Default," as defined in this paragraph, shall have occurred. Draft #6 Page 5 of 9 OR102-1A Tustin Ranch 17. Landlord's Default. If Landlord shall default on any of its obligations contained in this Lease, Tenant shall have the right to deliver written notice of such default to Landlord, as provided in Paragraph 29 hereinbelow, and failure of Landlord to cure such default within thirty (30) days or any such lesser period as may expressly provided herein shall be a default under this Lease and Tenant may thereafter pursue any and all remedies available to it under law, including, without limitation, the right, but not the obligation, to cure said default and submit a written statement of costs incurred for curing said default to Landlord. In such event, Landlord shall have thirty (30) days following receipt of such written statement to reimburse Tenant for costs incurred. The foregoing shall in no way limit Tenant's right to seek equitable relief without notice to Landlord. 18. Estoppel Certificate. From time to time upon not less than twenty (20) days prior written notice by either party, the other party shall execute, acknowledge and deliver to the requesting party a statement in writing certifying that, this Lease is unmodified and in full force and effect (or if modified, describing such modification(s)) and that the requesting party is not in default, except as specified in such statement, in regard to any of its obligations under this Lease and further setting forth the Rent then payable hereunder, the dates to which Rent has been paid in advance, if any, and such other statements relating to delivery and acceptance of the Premises as the requesting party's lender, purchaser, assignee or sublessee may require. Said statement shall be accurate and binding on the party executing same and may be relied upon by any such person as hereinabove described at'whose insistence the estoppel was prepared and/or delivered. 19. Obligations and Rights Run with the Land. The Licenses, and each and all of the obligations, rights, restrictions, liens and charges set forth in this Lease run with the land' comprising Tenant's estate and Landlord's estate and every portion thereof, and are binding upon and inure to the benefit of the respective successors (by operation of law or otherwise), assigns, tenants, invitees and agents of the parties hereto and other lawful occupants of Tenant's estate and Landlord's estate. 20. Landlord's Covenant to Provide Notice. In addition to any other obligation of Landlord to provide notice to Tenant provided herein, Landlord shall deliver to Tenant, as provided in Paragraph 29 hereinbelow, any and all notice(s) received by Landlord which pertain to Tenant's use and enjoyment of the Premises, including, without limitation, from any governmental authority, lender, lien claimant or any other person or entity claiming an interest in or right to the Premises. Landlord shall deliver such notice(s) to Tenant promptly upon receipt of same by Landlord. .o 21. Time of Essence. Time is of the essence of each and every provision of this Lease. 22. Consent of Parties. Except as otherwise expressly provided herein, whenever the consent or approval of either party is required, that party shall not unreasonably withhold or delay such consent or approval. 23. California Law. This Lease shall be construed and enforced in accordance with the laws of the State of California. 24. Successors and Assigns. Each and all of the rights and obligations of the parties under this Lease shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. 25. Severability. The invalidity of any portion of this Lease shall not affect the remainder of this Lease. Draft #6 Page 6 of 9 OR102-1A Tustin Ranch 26. Attorneys' Fees. In the event that any action shall be instituted by either of the parties hereto for the enforcement of any of its rights or remedies in and under this Lease the prevailing party shall be entitled to recover from the other party all costs incurred by said prevailing party in said action, including reasonable attorneys' fees to the extent fixed by the Court therein. 27. Additional .Agreements. From and after the date of this Lease, each of the parties hereto shall promptly execute, acknowledge and deliver, or cause to be executed, acknowledged a.nd delivered, all such instruments or documents and to take all actions pursuant to the provisions hereof as may 'reasonably be requested by any party to carry out the intent or purpose of this Lease. 28. Tenant's Premises, Equipment F'mancing and Leasehold Assignment. Landlord acknowledges that Tenant's use of the Premises includes proprietary trade secrets. Landlord shall have the right to enter the Premises with Tenant's prior written consent which Tenant shall not unreasonably withhold. Landlord hereby expressly understands and agrees that, at all times during the Term, Tenant shall have the absolute and unconditional right from time to time to grant to any person or entity a security interest (including, without limitation, a security interest of first lien priority) in some or all of the Communications Facility and/or any of Tenant's furniture, fixtures, equipment and/or other property utili?ed in connection therewith ("Equipment Financing") and/or to assign or pledge Tenant's interest in this Lease and the Premises, including the Licenses, to any person or entity' for purposes of financing its equipment or for'the operation of its business ("Leasehold Assignment"), and to record against Tenant's interest in the Premises any instruments or documents as may be required with respect to such Equipment Financing or Leasehold Assignment. Landlord hereby waives any and all rights or interest which Landlord may have or acquire to or in the Communications Facility and/or any of Tenant's furniture, fixtures, equipment and/or other property utilized or to be utilized in connection therewith and hereby agrees that same will not constitute realty regardless of the law of fixtures and/or the manner in which, same are affixed to or placed on the Premises or otherwise. Accordingly, Landlord shall not grant, create or purport to grant or create any. security interest whatsoever in the Communications Facility and/or any of Tenant's furniture, fixtures, equipment and/or other property utilized or to be utilized in connection therewith. Landlord hereby expressly understands and agrees to promptly execute, acknowledge and deliver to Tenant, upon request by Tenant, all such instruments and documents as are reasonably requested by Tenant, in order for Tenant to consummate the transactions contemplated by this Paragraph 28. 29. Notices. Any notice, request, information or other document to be given thereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery if delivered personally, or three (3) days after mailing if sent by certified mail, postage prepaid, as follows: If to Tenant, addressed to: If to Landlord, addressed to: Cox California PCS, Inc. 2646 Dupont Drive, Suite 20-608 Ia'vine, CA 92612 Attn.: Property Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Attn.: William Huston Elizabeth Binsack Any party may change the address or persons to which notices are to be sent to it by giving the written notification change of address or persons to the other parties in the manner herein provided for giving notice. Draft #6 Page 7 of 9 OR102-1A Tustin Ranch 30. Operational Phase Termination. In addition to any other right or event of termination thereunder, Tenant may at any time during the Term, terminate this Lease on thirty (30) days prior written notice to Landlord, provided that Tenant shall concurrently with the giving of such notice of termination pay Landlord an amount equal to three (3) months Rent, as such Rent shall be determined pursuant to Paragraph 5, hereinabove. 31. Compliance with Laws. Landlord and Tenant shall comply in all respects with ~11 applicable building codes, regulations and ordinances affecting the Property. 32. Entire Agreement. This Lease along with all exhibits and attachments or other documents affixed hereto or referred to herein as part of the agreement between the parties (including, the Memorandum of Lease) constitutes the entire and exclusive agreement between Landlord and Tenant relative to the Premises, including the Licenses, herein described and "Lease" as such term is used herein shall include by definition all such exhibits, attachments and other documents. Al/prior or contemporaneous oral agreements, understm-tdings and/or discussions relative to the leasing of the Premises, including the Licenses, are merged in or revoked by this Lease. This Lease and said exhibits, attachments and other documents may be altered, amended or revoked only by instrument in writing signed by both Landlord and Tenant. 33. Landlord's Authority to Execute Lease. LandlOrd represents and warrants that this Lease and the execution hereof does not and will not conflict with or violate the Arfides of Incorporation, By Laws, Partnership Agreement, Instrument of Trust or any other comparable document of Landlord or any agreement to which I_andlord is a party or by which it or its assets are bound. Further, Landlord and each individual executing this Lease on behalf of Landlord represent and warrant that he/she is duly authorized to execute and deliver this Lease on behalf of Landlord and that this Lease is binding upon Landlord and enforceable against Landlord in accordance with its terms. Landlord shall, at its sole cost and expense, concurrently with its execution of this Lease (and at other times at Tenant's request), deliver to Tenant, without limitation, such resolutions, certificates, approvals, letter of conservatorship, Court orders and written assurances as Tenant may request authorizing and approving the execution of this Lease. 34. Addendum. Attached hereto is an addendum or addenda containing Paragraph 36 which constitutes a part of this Lease. : " 35. Third Party Collocation. Attached hereto as Exhibit "D.' LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, DEMONSTRATE THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERC~LLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES. ATrACHED EXHIBITS EXHIBIT "A" EXHIBIT "B" EXHIBIT "C' EXHIBIT "D" Legal Description of Property Plot Plan (Diagram of Property and Premises, including the Licenses) Permitted Title Exceptions Technical Requirements for Third Party Collocation Draft #6 Page 8 of 9 OR102-1A Tustin Ranch IN WITNESS WHEREOF, the parties have executed this Lease on the date first abo.ve written. LANDLORD: TENANT: City of Tustin, a municipal corporation By: Cox California PCS, Inc., a Delaware corporation Its: Its: By: Its: APPROVED AS TO FORM: Agency Legal Counsel Draft #6 Page 9 of 9 OR102-1A Tustin Ranch _Legal Description of Property ~ ~ ref~ to in this ~ is situa~- ~ ~%e State of Ca!i£cz~9~, ~ 2 of ~ ~ ~. 88-3i6, ~ ~ ~ of ~, ~~ of ~, S~ of ~~a, ~ ~n ~ a ~D f~ ~ ~ 262, ~ 45 ~ 47 n ~' 91-249110 Draft #6 EXHIBIT A OR102-1A Tustin Ranch Plot Plan (Diagram of Property and Premises, including the Licenses) '. A.,~T'~I~A -[CTCR O' ~.m'r~ o~ (£)~o ~r. FOR ' ' ~']TE: c~ · L, I . SCALE: I 1 '-"""" I'-so'-o' I (~ PRCPOSED JUNCTiCN BOX FOR OETACHE,~,I._c, ~ ~ ~ B~TOP). ~.A~PRCOF Ou~T L~A~N FOR CON.IT ~[~H FOR ~RT~ SCOR~O~D CCN~O~q. SEE ~T E-6 FOR Sl~ S~T~.I; OR102--A1 SITE PLAN KEY NO~ I SCm.£: , ,-=:c._.:.-I 2 E-2 Draft #6 EXHIBIT B Permitted Ti'tie Exceptions (None applicable.) Draft #6 EXHIBIT C OR102-1A Tustin Ranch Technical Requirement~ for Third Party Collocation 1. Landlord shall obtain preliminary plans and technical specifications for the proposed facility from Carrier and shall submit the same to Tenant. Tenant shall have fifteen (15) business days to respond to Landlord in writing with preliminary comments concerning Carrier's proposed plans and specifications and Tenant's approval or disapproval of such plans and specifications. 2. If Carrier's plans and specifications are not approved by Tenant, then Landlord shall instruct Carrier to revise its plans and specifications to meet the objections thereto set forth in Tenant's written disapproval. No construction, installation, testing, or operation of Carrier's transmitting/recei~g equipment shall be permitted by Landlord unless and until Tenant approves Carrier's plans and specfi_fications. 3. If Carrier's plans and specifcafions are approved by Tenant, Landlord shall notify Tenant in writing as to the scheduled date and time of commencement of construction and installation of Carrier's transmitting/receiving equipment not less than five (5) busin~ days prior to such date. 4. Landlord shah also notify Tenant in writing five (5) business days prior to Carrier's pre-operation transmit test as to the date and .time such test will commence. The pre-operation transmit test will be conducted jointly by Tenant and Carrier and shall measure: A. The signal transmit levels at the output after the final filter stage crt Carrier's transmit line with all transmitters keyed up at maximtun power. B. Antennae isolation between the output of the final filter stage crt the Carrier's transmit line and input to Lessee's first receive filter in the base station in Lessee's frequency band of operation. C. The combination of (i) worst case level measured out of Carrier's transmit line added to (ii) worst case antennae isolation. Such value shall be no greater than -ll4dBm in Tenant's Federal Communications Commission receive and transmit bands of operation. If Tenant determines that it is experiencing interference, Tenant shall notify Landlord and Carrier to immediately cease the pre-operation transmit test and Landlord shall cause Carrier' to cease such test. Therefcre, Tenant shall have two (2) business days to submit its written approval, disapproval or conditional approval of Carrier's intended equipment installation to Landlord. 5. Landlord and Tenant understand and agree that it shall be Carrier's responsibility to ensure that proper filtering and isolation are in place for the pre-operation transmit test and operation of Carrier's antennae system. Any change to Carrier's approved antennae type and location and/or change in transmitter types and power output shall be required to follow each of the steps set forth in Sections 3 and 4 of this Exhibit D. Draft #6 EXHIBIT D OR102-1A Tustin Ranch NOV.-2.7'96(WED) 09'40 P. O0, ADDENDUM TO LEASE THIS ADDENDUM TO LEASE ("Addendum") is attached to and made a part of that certain lease ("Lease") dated this twenty-sixth day of November, 1996, by and between CITY OF TUSTIN, a municipal corporation, as landlord ("Landlord") and COX CALIFORNIA PCS, INC., a Delaware corporation, as tenant ("Tenant"). Notwithstanding' anything to [he contrary in the Lease, the provisions of this Addendum shall prevail. 36. Environmental Mattev~. 36.1 L,'mdlord's Warranties and.Representation_,-. Landlord represents and warrants that, to the best of Landlord's knowledge, except as set follows: (If None, write the word "NONE") that (i) there have been no leaks, spills, releases, discharges, emissions, in~ta_!!ation, or disposal of hazaxdous or toxic wastes, materials or substances (as such substances ate regulated or may be regulated by any applicable local, state or federal laws or regulations) ('"Hazardous Substances"), oc~g on or affecl:ing the Property or the improvement~ located thereon, if any, and (ii) the soil, ground water, or improvements, if any, on, in, under or about the Property is/are free of'any Hazardous Substances. The term "Hazardous Substance" as used in. this Lease shall not include small quantities of household or office supply materials maintained in commerta~l containers and used ir/the ordinary course of business. 36.2 Mutual Indemnification. Except to the extent that such Haz~dous Substances axe introduced into the Property solely a~ a result of Tenant's conduct, Landlord agrees to indemnibf, defend (with c~unsel selected by Tenant) and hold Tenant harmless from any claims judgments, datnages, penalties, fines, costs, liabilities (including sums paid in se~ement,~ o£. clai~ns) or losses, includ3ng attorneys' fees, consultants' fees, and expmts' fees which ~ri~e from or in connection with the presence or suspected presence of Ha~_,-dou~ Substances on, in, under or about the Property ("C2alms"). Tenant agrees to indenmif3r, defend (with counsel selected by Landlord) and hold Landlord harmless from any and all Claims arising from the presence of I'Lxzardou~ Substances on, in, under or about the Property the pre~ence o£ which were solely a result of Tenant's conduct. Without limiting the generality of the foregoing, this indemnification obligation of Tenant and Landlord shall speegfically cover costs incurred in connection with any investigation of site conditions or any dean-up, remedial, removal, or restoration work required by any federal, state or local government agency or political subdivision, or by any.third party resulting from the presence or the suspected presence of Hazardous Substances in, on, under or about the Property. Iandlo~d's indemnification obligations shall also include Hazardous Substances released by Tenant's construction of improvements on. the Property if the existence of such Hazardous Substance~ was not disclosed by Landlord to Tenant. Landlord's and Tenant's indemnification obligations shall survive the exi~ixation or earlier termination of this Lease. 36.3 Erese_~ce of I-I~ardous Substances.. (a) Throughout the term of this Lease, Landlord shall immediately notify Tenant of the presence of or the release of a Hazardotus Substance on, inj under or about the Property. Draft Page l of 2 OR102-1^ ] (b) Notwithstanding the terms of this Lease to the contrary, if Landlord has entered the Premises in connection with the presence or remediation of Hazardous Substances, whether or not Landlord has provided Tenant with prior written notice of such entry, Landlord shall thereafter immediately notify Tenant of such entry and the purpose of and actions taken by Landlord in connection with such entry. (c) Due to the sensitive nature of the equipment maintained by Tenant at the' Premises, if Hazardous Substances are present on, in, under or about the Premises or the Property (which presence was not caused or necessitated solely as a result of Tenant's conduct) and the presence thereon adversely affects the operation of Tenant's equipment, then Tenant shall have such rights as are provided elsewhere in this Lease for total damage to or destruction of the Premises or the Property. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first above written. LANDLORD: TENANT: City of Tustin, a municipal corporation Cox California PCS, Inc., a Delaware corporation By: Its: By:' Its: APPROVED AS TO FORM: Agency Legal Counsel Draft #6 Page 2 of 2 'OR102-1A Tustin Ranch Attachment 2 Site Plan .- ° (E) BASEBALL FIELD DASHED LINE INDICATE U.O.-- SCOREBOARD CONDUIT TRENCH · I I I · PROPOSED ANTENNA MOUNTED TO (E) 80 FT. HIGH LIGHT POLE DASHED LINE INDICATE U.G. CABLE' TRENCH FOR PCS CABLE AND SCOREBOARD CONDUIT. I, I I I I I I (E) BASEBALL FIELD · --(E) 10' HIGH C.L. FEN (E) . --(E) ELECTRIC PULL BOX PROPOSED ANTENNA MOUNTED TO (E) 80 FT. HIGH LIGHT POLE PROPOSED ANTENNA MOUNTED TO (E) 80 FT. HIGH UGHT POLE (E) ELECTRIC PULL BOX PROPOSED lO'x 4.' SCORE PROPOSED LOCATION OF / ~ ~..z.'~ ' BTS EQUIPMENT LAYOUT , · ~.,:. . G~A C,.~... LANDSCAPING: ._/ - SURROUND EQUIPMENT AND SCOREBOARDS WITH PRUNUS CAROLINIANA-SIX TO EIGHT FEET HIGH AT PURCHASE. THIS EVERGREEN SHRUB . HAS COMPACT FORM AND GROWS "TIGHT" ..-/ ~...:,~.... TOGETHER SO THERE ARE NO OPENINGS. / ./ SITE PLAN .L 1 "=5. Attachment 3 Photo Simulation of the Proposed Improvements ' .IOTO SIMULATIONS OR1 . Cox California PCS, Inc. Proposed Tustin Sports Center PCS Facility 12850 Robinson Drive, Tustin, CA APN 501-011-05 thru 09 PROPOSED LIGHT MOUNT FACILITY jM Co~ firing Group, Inc. Telecommunications PHOTO SIM~ ,TION OR102-1 Cox California PCS, Inc. Proposed Tustin Sports Center PCS Facility 12850 Robinson Drive, Tustin, California APN: 501-011-05 thru 09 PROPOSED Attachment 4 Proposed Scoreboard Specifications Ld (D © >- Attachment 5 Statement of Compliance with Radio Frequency Power Density Standards for the General Public STATEMENT OF COMPL~NCE WITH RADIO FREQUENCY PO WER DENSITY STANDARDS FOR THE GENERAL PUBLIC Tustin Ranch 12850 Rob#tson Drive Tustin, CA 92680 Cox. California PCS, Inc. 18200 Von Karman Avenue Irvine, California 92612 ph (714) 623-5000 cox COMMUNICATIONS Cox Communications, Inc. (Cox) is licensed by the Federal Communications Commission (FCC) to construct and operate a Personal Communications Services (PCS) network which is similar to a cellular telephone network. Cox's network is being designed using CDMA, a low powered spread spectrum technology. Cox California PCS, Inc. is constructing the PCS system on behalf of the licensee. Currently, FCC licensees must meet exposure standards updated and adopted by the FCC on August 1, 1996. The FCC standard is based on a hybrid of the ANSI/IEEE C95.1- 1992 standard and the NCRP standard, the National Council on Radiation Protection and Measures. Cox is licensed to transmit in the 1930-1945 MHz frequency band. At these frequencies, the FCC standard permits members of the general public to be continuously exposed to a power density of no more than one milliwatt per square centimeter (lmW/cm2). Power density is a measure of the amount of radio energy received by a unit of surface area and is calculated and given in milliwatts per square centimeter (mW/cm2). It will be shown that the proposed Cox installation will easily satisfy this standard. The attachments show that for the Cox site OR102-1, the maximum power density encountered by a member of the general public is calculated to be 0.000841 mW/cm2 with no mechanical tilting of the antennas. This is 0.0841% of the allowable FCC limit (see Attachment 5.1). Our calculation is very conservative in that it assumes that all three CDMA transmitters at OR102-1 will be operating simultaneously and at maximum power. Statistically this condition occurs only a small percentage of the time. Were the PCS site to utilize mechanical down tilt of the antennas as far as physically permitted by the mounting hardware, the power density that a member of the general public could encounter is calculated to be 0.007938 mW/cm2. This is 126 times lower than the FCC limit (see Attachment 5.2). 1 11/07/96 Please refer to Attachments 1 to 6 for the specifics of the proPOsed installation and step-by-step power density calculations. Given the conservative nature of the calculations and the fact that the results are well below the allowable limit, no adverse environmental impact is anticipated from the Cox installation. Sincerely, cchus Director Engineering · . . 2 11/07/96 A TTA CHMENT 1 CALCULATION METHODOLOGY RADIO FREQUENCY POWER DENSITY COMPUTATION COX CALIFORNIA PCS, INC. The following text provides an overview of the Cox radio frequency power density calculation procedure. Please refer to Attachment 2. Attachment 2 shows the proposed Cox transmitting antenna supported by a generic tower structure (actual appearance may vary). In order to compute the radio frequency (RF) power density illuminating a person standing on the ground, a straight line is drawn between the antenna and .the subject under investigation. By drawing the line between the base of the antenna and the head of the individual, the shortest possible distance will result. This will yield the greatest calculated power density and thereby represent the most conservative calculation. For the purposes of this illustration, it will be assumed that the subject is seven feet tall (Y=7 ft, worst case). The straight line distance C is calculated from the formula shown at the bottom of Attachment 2. Parameters B and X are contained if Attachment 3 and Parameter A is found in Attachments 4 and 5. The power density calculations (Attachments 4, 5, and 6) are made under the assumption that the subject starts at the tower base (A=0 fi) and walks away from the base over a flat plane. RF power density is then computed by knowing the straight line distance between the subject and the antenna (Parameter C) and by knowing the effective radiated power that the antenna casts toward the subject at each location (Parameter E). (Most antennas are designed to transmit strong signals in the horizontal plane and weak signals toward the ground near the tower base. For example, workers standing on the ground beneath a 5,000,000 watt UHF-TV transmitting antenna typically receive power densities that are well within the FCC limit due to this "cone of silence" effect. It's like standing off to the side of a searchlight; the light simply isn't all that bright when you're out of the main beam.) The actual radio frequency power density calculations are computed using the formula on page nine of FCC OST Bulletin 65. Basically, the effective radiated power cast toward an individual (Parameter E) is multiplied by a constant and divided by the distance to the antenna (Parameter C) squared. This results in a power density figure expressed in units of milliwatts per square centimeter when the proper input dimensions are used. 3 11/07/96 A TTA CHMENT 2 VERTICAL PLAN SKETCH COX CALIFORNIA PCS, INC. B A Y = Subject height X = Antenna length A = Distance from subject to point directly below nearest antenna B = Center Line C = Distance from Subject to the nearest antenna base C = {(A)2 + (B- X/2- y)2}o.~ Note: 1. Same calculation philosophy applies to rooftops and other structures. 4 11/07/96 A T T,4 CHMENT 3 TECHNICAL PARAMETERS OF PROPOSED COX PCS INSTALLATION COX CALIFORNIA PCS, INC. Site Name: Tustin Ranch Site ID: oR102-1 Number of Transmitting Antennas at this Site: 3 * Number of CDMA Carriers: Max. Antenna Input Power with all Carriers On: 24 watts Transmit Frequency Band: Antenna Type: Radiation Pattern: 1930-1945 MHz Comsat PCSS065-13-2 Directional Maximum Antenna Gain: 16 dBd Elevation of Antenna Center Line: 49.8' AGL (Parameter B) Antenna Length: 4.3' (Parameter X) Antenna Polarization:~ Vertical NOte: The terrain in the vicinity of the antenna is appropriate for the use of flatplane analysis (see Attachment 2). * There could be up to 3 separate transmitting antennas at the site. They are so close together that for purposes of calculations, we assume that the transmitter power of all three transmitters is emitted from the antenna which is nearest to the observer. This is a worst, case assumption. 5 11/07/96 Attachment 4.1 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number o'f carriers: 3 Frequency: 1900.00 MHz Antenna azimuth: 0.0 deg. Length of antenna: 4.3 Electrical downtilt Antenna centerline: Maximum antenna gain- 2.0 deg. Mechanical downtilt 59.8 ft. 15.5 dB 0.0 deg. Feeder/connecter loss: 3.0 dB Standard used for comparison: ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at 1.00 mW/cm^2 Radial 1 Azimuth 0.0 Distance from Subject to Point Directly Below Antenna (ft) Distance from Subject to Nearest Antenna Base (ft) Vert/Horiz Antenna Incident Discrim. Gain Power Angle (dBd) Density (deg) (mW/cm^2) Percent of Standard 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 50.7 50.7 50.8 50.8 50.9 51.0 51.2 51.3 51.5 51.7 52.8 54.5 56.5 58.9 61.6 64.6 67.8 71.2 74.8 78.5 82.4 86.4 90.5 94.7 99.0 03.3 -89.0 -12.8 0.000088 -88.0 -12.5 0.000094 -87.0 -12.3 0.000100 -86.0 -12.0 0.000107 -85.0 -11.7 0.000114 -84.0 -11.3 0.000122 -83.0 -11.1 0.000129 -82.0 -10.7 0.000141 -80.0 -10.4 0.000149 -79.0 -10.4 0.000149 -74.0 -13.2 0.000074 -69.0 -17.3 0.000027 -64.0 -14,6 0.000047 -60.0 -9.5 0.000140 -56.0 -7.2 0.000218 -52.0 -7.9 0.000168 -49.0 -9.8 0.000098 -46.0 -9.0 0.000108 -43.0 -10.6 0.000068 -41.0 -13.9 0.000029 -38.0 -6.8 0.000134 -36.0 -2.1 0.000357 -35.0 -1.0 0.000421 -33.0 0.6 0.000551 -31.0 -1.9 0.000288 -30.0 -4.0 0.000160 0.0088% 0.0094% 0.0100% 0.0107% 0.0114% 0.0122% 0.0129% 0.0141% 0.0149% 0.0149% 0.0074% 0.0027% 0.0047% 0.0140% 0.0218% 0.0168% 0.0098% 0.0108% 0.0068% 0.0029% 0.0134% 0.0357% 0.0421% 0.0551% 0.0288% 0.0160% Page 1 Attachment 4.1 95.0 107.7 -29.0 -7.3 0.000070 100.0 112.1 -27.0 -9.1 0.000042 200.0 206.3 -15.0 7.6 0.000580 300.0 304.2 -10.0 7.8 0.000281 400.0 403.2 -8.0 9.3 0.000226 500.0 502.6 -6.0 14.0 0.000430 600.0 602.1 -5.0 14.6 0.000348 700.0 701.8 -5.0 14.6 0.000256 800.0 801.6 -4.0 15.1 0.000218 900.0 901.4 -4.0 15.1 0.000172 1000.0 1001.3 -3.0 15.4 0.000150 1100.0 1101.2 -3.0 15.4 0.000124 1200.0 1201.1 -3.0 15.4 0.000104 1300.0 1301.0 -3.0 15.4 0.000089 1400.0 1400.9 -3.0 15.4 0.000077 1500.0 1500.9 -2.0 15.2 0.000064 1600.0 1600.8 -2.0 15.2 0.000056 1700.0 1700.8 -2.0 15.2 0.000050 1800.0 1800.7 -2.0 15.2 0.000045 1900.0 1900.7 -2.0 15.2 0.000040 2000.0 2000.6 -2.0 15.2 0.000036 The maximum percentage of the standard reached is 0.0580 of 200.0 ft. 0.0070% 0.0042% 0.0580% 0.0281% 0.0226% 0.0430% 0.0348% 0.0256% 0.0218% 0.0172% 0.0150% 0.0124% 0.0104% 0.0089% 0.0077% 0.0064% 0.0056% 0.0050% 0.0045% 0.0040% 0.0036% % at a distance Page 2 Attachment 4 2 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number of carriers: 3 Frequency: 1900.00 MHz Antenna azimuth' 0.0 deg. Length of antenna: 4.3 Electrical downtilt Antenna centerline: Maximum antenna gain- 2.0 deg. Mechanical downtilt 15.5 dB 15.0 deg. 59.8 ft. Feeder/connecter loss' 3.0 dB Standard used for comparison: ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at 1.00 mW/cm^2 Radial 1 Azimuth 0.0 Distance Distance Vert/Horiz Antenna Incident from from Discrim. Gain Power Subject Subject Angle (dBd) Density to Point to Nearest (deg) (mW/cm^2) Directly Antenna Below Base (ft) Antenna (ft) Percent of Standard 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 50.7 50.7 -50.8 50.8 50.9 51.0 51.2 51.3 51.5 51.7 52.8 5'4.5 56.5 58.9 61.6 64.6 67.8 71.2 74.8 78.5 82.4 86.4 90.5 94.7 99.0 103.3 -74.0 -13.2 0.000080 -73.0 -14.2 0.000065 -72.0 -15.1 0.000052 -71.0 -16.1 0.000041 -70.0 -16.9 0.000034 -69.0 -17.3 0.000031 -68.0 -17.7 0.000028 -67.0 -17.5 0.000029 -65.0 -16.0 0.000041 -64.0 -14.6 0.000057 -59.0 -8.8 0.000205 -54.0 -7.2 0.000276 -49.0 -9.8 0.000141 -45.0 -8.9 0.000160 -41.0 -13.9 0.000046 -37.0 -4.2 0.000392 -34.0 0.2 0.000978 -31.0 -1.9 0.000557 -28.0 -10.6 0.000067 -26.0 -5.5 0.000199 -23.0 0.5 0.000711 -21.0 0.1 0.000597 -20.0 -1.1 0.000407 -18.0 1.2 0.000634 -16.0 6.4 0.001937 -15.0 7.6 0.002315 O.OO8O% 0.0065% 0.0052% 0.0041% 0.0034% 0.0031% 0.0028% 0.0029% '0.0041% 0.0057% 0.0205% 0.0276% 0.0141% 0.0160% 0. 0046% 0.0392% 0.0978% 0.0557% 0.0067% 0.0199% 0.0711% 0.0597% 0.0407% 0.0634% 0.1937% 0.2315% Page 1 Attachment 4.2 95.0 107'.7 -14.0 8.5 100.0 112.1 -12.0 8.5 200.0 206.3 0.0 13.4 300.0 304.2 5.0 1.6 400.0 403.2 7.0 -0.5 500.0 502.6 9.0 -5.7 600.0 602.1 10.0 -10.8 700.0 701.8 10.0 -10.8 800.0 801.6 11.0 -10.4 900.0 901.4 11.0 -10.4 1000.0 1001.3 12~.0 -6.2 1100.0 1101.2 12.0 -6.2 1200.0 1201.1 12.0 -6.2 1300.0 1301.0 12.0 -6.2 1400.0 1400.9 12.0 -6.2 1500.0 1500.9 13.0 -2.5 1600.0 1600.8 13.0 -2.5 1700.0 1700.8 13.0 -2.5 1800.0 1800.7 13.0 -2.5 1900.0 1900.7 13.0 -2.5 2000.0 2000.6 13.0 -2.5 165.8 173.3 73.0 15.5 0.002626 0.2626% 0.002449 0.2449% 0.002223 0.2223% 0.000068 0.0068% 0.000024 0.0024% 0.000005 0.0005% 0.000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.000000 0.0000% 0.000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.000001 . 0.0001% 0.000001 0.0001% 0.'000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.000001 0.0001% 0.005114 0.5114% The maximum percentage of the standard reached is of 165.8 ft. 0.5114% at a distance % · Page 2 Attachment 5.1 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number of carriers: 3 Frequency: 1900.00 MHz Antenna azimuth: 120.0 deg. Length of antenna: 4.3 Electrical downtilt 2.0 deg. Antenna centerline: 49.8 ft. Maximum antenna gain: Mechanical downtilt Feeder/connecter loss: 15.5 dB 0.0 deg. 3.0 dB 'Standard used for comparison: ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at 1.00 mW/cm^2 Radial 1. Azimuth 120.0 Distance Distance from from Subject Subject to Point to Nearest Directly Antenna Below Base (ft) Antenna (ft) Vert/Horiz Antenna Incident Discrim. Gain Power Angle (dBd) Density (deg) (mW/cm^2) Percent of Standard 1.0 40.6 2.0 40.7 3.0 40.7 4.0 40.8 5.0 40.9 6.0 41.1 7.0 41.2 8.0 41.4 9.0 41.6 10.0 41.8 15.0 43.3 20.0 45.3 25.0 47.7 30.0 50.5 35.0 53.6 40.0 57.0 45.0 60.6 50.0 64.4 55.0 68.4 60.0 72.5 65.0 76.7 70.0 80.9 75.0 85.3 80.0 89.7 85.0 94.2 90.0 98.7 -89.0 -12.8 0.000137 -88.0 -12.5 0.000146 -86.0 -12.0 0.000166 -85.0 -11.7 0.000177 -83.0 -11.1 0.000201 -82.0 -10.7 0.000220 -81.0 -10.5 0.000228 -79.0 -10.4 0.000231 -78.0 -10.6 0.000215 -77.0 -10.9 0.000200 -70.0 -16.9 0.000048 -64.0 -14.6 0.000074 -59.0 -8.8 0.000252 -54.0 -7.2 0.000321 -50.0 -9.3 0.000176 -46.0 -9.0 0.000168 -43.0 -10.6 0.000103 -40.0 -13.7 0.000045 -37.0 -4.2 0.000349 -35.0 -1.0 0.000656 -33.0 0.6 0.000841 -31.0 -1.9 0.000431 -29.0 -7.3 0.000112 -27.0 -9.1 0.000066 -26.0 -5.5 0.000138 -25.0 -2.9 0.000229 0.0137% 0.0146% 0.0166% 0.0177% 0.0201% 0.0220% 0.0228% 0.0231% 0.0215% 0.0200% 0.0048% 0.0074% 0.0252% 0.0321% 0.0176% 0.0168% 0.0103% 0.0045% 0.0349% 0.0656% 0.0841% 0.0431% 0.0112% 0.0066% 0.0138% 0.0229% Page 1 Attachment 5.1 95.0 103.3 -24.0 -0.1 0.000392 0.0392% 100.0 107.9 -23.0 0.5 0.000414 0.0414% 200.0 204.1 -12.0 8.5 0.000739 0.0739% 300.0 302.7 -8.0 9.3 0.000401 0.0401% 400.0 402.1 -6.0 14.0 0.000671 0.0671% 500.0 501.6 -5.0 14.6 0.000501 0.0501% 600.0 601.4 -4.0 15.1 0.000388 0.0388% 700.0 701.2 -4.0 15.1 0.000285 0.0285% 800.0 801.0 -3.0 15.4 0.000234 0.0234% 900.0 900.9 -3.0 15.4 0.000185 0.0185% 1000.0 1000.8 -3.0 15.4 0.000150 0.0150% 1100.0 1100.7 -3.0 15.4 0.000124 0.0124% 1200.0 1200.7 -2.0 15.2 0.000100 0.0100% 1300.0 1300.6 -2.0 15.2 0.000085 0.0085% 1400.0 1400.6 -2.0 15.2 0.000074 0.0074% 1500.0 1500.6 -2.0 15.2 0.000064 0.0064% 1600.0 1600.5 -2.0 15.2 0.000056 0.0056% 1700.0 1700.5 -2.0 15.2 0.000050 0.0050% 1800.0 1800.5 -2.0 15.2' 0.000045 0.0045% 1900.0 1900.4 -2.0 15.2 0.000040 0.0040% 2000.0 2000.4 -2.0 15.2 0.000036 0.0036% The maximum percentage of the standard reached is 0.0841% at a distance of 65.0 ft. Page 2 Attachment 5.2 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number of carriers: 3 Frequency: 1900.00 MHz Antenna azimuth: 120.0 deg. Length of antenna: 4.3 Electrical downtilt 2.0 deg. Antenna centerline: 49.8 ft. Maximum antenna gain- Mechanical downtilt Feeder/connecter loss: 15.5 dB 15.0 deg. 3.0 dB Standard used for comparison: ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at 1.00 mW/cm^2 Radial 1 Azimuth.120.0 Distance Distance Vert/Horiz Antenna Incident from from Discrim. Gain Power Subject Subject Angle (dBd) Density to Point to Nearest (deg) (mW/cm^2) Directly Antenna Below Base (ft) Antenna (ft) Percent of Standard 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 40.7 40.7 40.8 40.9 41.0 41.1 41.3 41.5 41.7 41.9 43.4 45.3 47.7 50.5 53.7 57.0 60.7 64.5 68.4 72.5 76,7 81.0 85.3 89.7 94.2 98.8 -74.0 -13.2 0.000124 -73.0 -14.2 0.000100 -71.0 -16.1 0.000063 -70.0 -16.9 0.000053 -68.0 -17.7 0.000044 -67.0 -17.5 0.000046 -66.0 -17.2 0.000049 -64.0 -14.6 0.000088 -63.0 -13.0 0.000124 -62.0 -12.1 0.000152 -55.0 -7.1 0.000451 -49.0 -9.8 0.000219 -44.0 -9.2 0.000229 -39.0 -11.8 0.000113 -35.0 -1.0 0.001197 -31.0 -1.9 0.000867 -28.0 -10.6 0.000102 -25.0 -2.9 0.000538 -22.0 0.3 0.000996 -20.0 -1.1 0.000635 -18.0 1.2 0.000967 -16.'0 6.4 0.002895 -14.0 8.5 0.004182 -12.0 8.5 0.003821 -11.0 8.0 0.003101 -10.0 7.8 0.002669 0..0124% 0.0100% 0.0063% 0.0053% 0.0044% 0.0046% 0.0049% 0.0088% 0.0124% 0.0152% 0.0451% 0.0219% 0.0229% 0.0113% 0.1197% 0.0867% 0.0102% 0.0538% 0.0996% 0.0635% 0.0967% 0.2895% 0.4182% 0.3821% 0.3101% 0.2669% Page 1 Attachment 5.2 95.0 103.3 -9.0 8.2 0.002656 0.2656% 100.0 108.0 -8.0 9.3 0.003154 0.3154% 200.0 204.1 3.0 6.5 0.000469 0.0469% 300.0 302.7 7.0 -0.5 0.000042 0.0042% 400.0 402.1 9.0 -5.7 0.000007 0.0007% 500.0 501.7 10.0 -10.8 0.000001 0.0001% 600.0 601.4 11.0. -10.4 0.000001 0.0001% 700.0 701.2 11.0 -10.4 0.000001 0.0001% 800.0 801.0 12.0 -6.2 0.000002 0.0002% 900.0 900.9 12.0 -6.2 0.000001 0.0001% 1000.0 1000.8 12.0 -6.2 0.000001 0.0001% 1100.0 1100.8 12.0 -6.2 0.000001 0.0001% 1200.0 1200.7 13.0 -2.5 0.000002 0.0002% 1300.0 1300.6 13.0 -2.5 0.000001 0.0001% 1400.0 1400.6 13.0 -2.5 0.000001 0.0001% 1500.0 1500.6 13.0 -2.5 0.000001 0.0001% 1600.0 1600.5 13.0 -2.5 0.000001 0.0001% 1700.0 1700.5 13.0 -2.5 0.000001 0.0001% 1800.0 1800.5 13.0 -2.5 0.000001 0.0001% 1900.0 1900.4 13.0 -2.5 0.000001 0.0001% 2000.0 2000.4 13.0 -2.5 0.000001 0.0001% 133.0 139.1 73.0 15.5 0.007938 0.7938% The maximum percentage of the standard reached is 0.7938% at a distance of 133.0 ft. Page 2 Attachment 6.1 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number of carriers: 3 Frequency: 1900.00 MHz Antenna azimuth: 240.0 deg. Length of antenna: 4.3 Electrical downtilt 2.0 deg. Antenna centerline: 49.8 ft. Maximum antenna gain- Mechanical downtilt Feeder/connecter loss- Standard used for comparison- ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at Radial 1 Azimuth 240.0 15.5 dB 0.0 deg. 3.0 dB 1.00 mW/cm^2 Distance Distance Vert/Horiz Antenna Incident from from Discrim. Gain Power Subject Subject Angle (dBd) Density to Point to Nearest (deg) (mW/cm^2) Directly Antenna Below Base (ft) Antenna (ft) Percent of Standard 1.0 40.7 -89.0 -12.8 2.0 40.7 -88.0 -12.5 3.0 40.8 -86.0 -12.0 4.0 40.9 -85.0 -11.7 5.0 41.0 -83.0 -11.1 6.0 41.1 -82.0 -10.7 7.0 41.3 -81.0 -10.5 8.0 41.5 -79.0 -10.4 9.0 41.7 -78.0 -10.6 10.0 41.9 -77.0 -10.9 15.0 43.4 -70.0 -16.9 20.0 45.3 -64.0 -14.6 25.0 47.7 -59.0 -8.8 30.0 50.5 -54.0 -7.2 35.0 53.7 -50.0 -9.3 40.0 57.0 -46.0 -9.0 45.0 60.7 -43.0 -10.6 50.0 64.5 -40.0 -13.7 55.0 68.4 -37.0 -4.2 60.0 72.5 -35.0 -1.0 65.0 76.7 -33.0 0.6 70.0 81.0 -31.0 -1.9 75.0 85.3 -29.0 -7.3 80.0 89.7 -27.0 -9.1 85.0 94.2 -26.0 -5.5 90.0 98.8 -25.0 -2.9 0.000137 0.000146 0.000166 0.000176 0.000200 0.000219 0.000228 0.000231 0.000215 0.000200 0.000047 0.000074 0.000252 0.000321 0.000175. 0.000168 0.000103 0.000045 0.000349 0.000656 0.000840 0.000431 0.000112 0.000066 0.000138 0.000229 0.0137% 0.0146% 0.0166% 0.0176% 0.0200% 0.0219% 0.0228% 0.0231% 0.0215% 0.0200% 0.0047% 0.'0074% 0.0252% 0.0321% 0.0175% 0.0168% 0.0103% 0.0045% 0.0349% 0.0656% 0.0840.% 0.0431% 0.0112% 0.0066% 0.0138% 0.0229% Page 1 Attachment 6.1 95.0 103.3 -24.0 -0.1 100.0 108.0 -23.0 0.5 200.0 204.1 -12.0 8.5 300.0 302.7 -8.0 9.3 400.0 402.1 -6.0 14.0 500.0 501.7 -5.0 14.6 600.0 601.4 -4.0 15.1 700.0 701.2 -4.0 15.1 800.0 801.0 -3.0 15.4 900.0 900.9 -3.0 15.4 1000.0 1000.8 -3.0 15.4 1100.0 1100.8 ~3.0 15.4 1200.0 1200.7 -2.0 15.2 1300.0 1300.6 -2.0 15.2 1400.0 1400.6 -2.0 15.2 1500.0 1500.6 -2.0 15.2 1600.0 1600.5 -2.0 15.2 1700.0 1700.5 -2.0 15.2 1800.0 1800.5 -2.0 15.2 1900.0 1900.4 -2.0 15.2 2000.0 2000.4 -2.0 15.2 0.000392 0.0392% 0.000414 0.0414% 0.000739 0.0739% 0.000401 0.0401% 0.000671 0.0671% 0.000501 0.0501% 0.000388 0.0388% 0.000285 0.0285% 0.000234 0.0234% 0.000185 0.0185% 0.000150 0.0150% 0.000124 0.0124% 0.000100 0.0100% 0.000085 0.0085% 0.000074 0.0074% 0.000064 0.0064% 0.000056 0.0056% 0.000050 0.0050% 0.000045 0.0045% 0.000040 0.0040% 0.000036 0.0036% The maximum percentage of the standard reached is of 65.0 ft. 0.0840% at a dis tance Page 2 Attachment 6.2 Site: OR102-1 Tustin Ranch Ground elevation: 136.2 ft. Antenna type: ss65132 PA power: 8.0 Watts Number of carriers: 3 Frequency: 1900.00 MHz Antenna azimuth: 240.0 deg. Length of antenna: 4.3 Electrical downtilt 2.0 deg. Antenna centerline: 49.8 ft. Maximum antenna gain: Mechanical downtilt Feeder/connecter loss- 15.5 dB 15.0 deg. 3.0 dB Standard used for comparison: ANSI/IEEE C.95.1-1992 and NCRP 1986 hybrid at 1.00 mW/cm^2 Radial 1 Azimuth 240.0 Distance Distance Vert/Horiz Antenna Incident from from Discrim. Gain Power Subject Subject Angle (dBd) Density to Point to Nearest (deg) (mW/cm^2) Directly Antenna Below Base (ft) Antenna (ft) Percent of Standard 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 40.7 40.7 40.8 40 .'9 41.0 41.1 41.3 41.5 41.7 41.9 43.4 45.3 47.7 50.5 53.7 57.0 60.7 64.5 68.4 72.5 76.7 81.0 85.3 89.7 94.2 98.8 -74.0 -13.2 0.000124 -73.0 -14.2 0.000100 -71.0 -16.1 0.000063 -70.0 -16.9 0.000053 -68.0 -17.7 0.000044 -67.0 -17.5 0.000046 -66.0 -17.2 0.000049 -64.0 -14.6 0.000088 -63.0 -13.0 0.000124 -62.0. -12.1 0.000152 -55.0 -7.1 0.000451 -49.0' -9.8 0.000219 -44.0 -9.2 0.000229 -39.0 -11.8 0.000113 -35.0 -1.0 0.001197 -31.0 -1.9 0.000867 -28.0 -10.6 0.000102 -25.0 -2.9 0.000538 -22.0 0.3 0.000996 -20.0 -1.1 0.000635 -18.0 1.2 0.000967 -16.0 6.4 0.002895 -14.0 8.5 0.004182 -12.0 8.5 0.003821 -11.0 8.0 0.003101 -10.0 7.8 0.002669 0.0124% 0.0100% 0.0063% 0.0053% 0.0044% 0.0046% 0.0049% 0.0088% 0.0124% 0.0152% 0.0451% 0.0219% 0.0229% 0.0113% 0.1197% 0.0867% 0.0102% 0.0538% 0.0996% 0.0635% 0.0967% 0.2895% 0.4182% 0.3821% 0.3101% 0.2669% Page 1 Attachment 6.2 95.0 103.3 -9.0 8.2 0.00265.6 0.2656% 100.0 108.0 -8.0 9.3 0.003154 0.3154% 200.0 204.1 3.0 6.5 0.000469 0.0469% 300.0 302.7 7.0 -0.5 0.000042 0.0042% 400.0' 402.1 9.0 -5.7 0.000007 0.0007.% 500.0 501.7 10.0 -10.8 0.000001 0.0001% ' 600.0 601.4 11.0 -10.4 0.000001 0.0001% 700.0 701.2 11.0 -10.4 0.000001 0.0001% 800.0 801.0 12.0 -6.2 0.000002 0.0002% 900.0 900.9 12.0 -6.2 0.000001 0.0001% 1000.0 1000.8 12.0 -6.2 0.000001 0.0001% 1100.0 1100.8 12.0 -6.2 0.000001 0.0001% 1200.0 1200.7 13.0 -2.5 0.000002 0.0002% 1300.0 1300.6 13.0 -2.5 0.000001 0.0001% 1400.0 1400.6 13.0 -2.5 0.000001 0.0001% 1500.0 1500.6 13.0 -2.5 0.000001 0.0001% 1600.0 1600.5 13.0 -2.5 0.000001 0.0001% 1700.0 1700.5 13.0 -2.5 0.000001 0.0001% 1800.0 1800.5 13.0 -2.5 0.000001 0.0001% 1900.0 1900.4 13.0 -2.5 0.000001 0.0001% 2000.0 2000.4 13.0 -2.5 0.000001 0.0001% 133.0 139.1 73.0 15.5 0.007938 0.7938% The maximum percentage of the standard reached is 0.7938% at a distance of 133.0 ft. Page 2 Attachment 6 Working Drawings of the Proposed Improvements (Available in the City Council's Packets and available for public review at City Hall)