HomeMy WebLinkAbout06 COMMUNICATIONS SITE LICENSE AGREEMENT - VERIZON 0�� Agenda Item 6
,. AGENDA REPORT Reviewed
to?Se City Manager
Finance Director N/A
MEETING DATE: OCTOBER 20, 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: PARKS AND RECREATION DEPARTMENT
SUBJECT: COMMUNICATIONS SITE LICENSE AGREEMENT WITH LOS
ANGELES SMSA LIMITED PARTNERSHIP, D/B/A VERIZON
WIRELESS, FOR WIRELESS FACILITIES AT TUSTIN SPORTS PARK
(12850 ROBINSON DRIVE)
SUMMARY
Approval is requested for a Communications Site License Agreement between the City of
Tustin (Licensor) and Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless
(Licensee).
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the
attached Communications Site License Agreement with Los Angeles SMSA Limited
Partnership, d/b/a Verizon Wireless, a California limited partnership, subject to any non-
substantive modifications as may be deemed necessary by the City Attorney prior to
execution of the Agreement.
COORELATION TO THE STRATEGIC PLAN
This action correlates to the City's Strategic Plan for Financial Strength (Goal C).
BACKGROUND
Wireless facilities have been located in Tustin Sports Park since 1996. Currently there are
four cell sites at this location and the existing equipment facilities are located behind the
scoreboard adjacent to Jamboree Road. The antennas are located on the baseball field light
poles. The carriers for these cell sites are AT&T, T-Mobile, and Crown Castle/STC One and
the city is engaged in similar multi-year Agreements for each of these.
The City Attorney has reviewed the Communications Site License Agreement and approved
it as to form.
FISCAL IMPACT
Under the proposed License Agreement, Verizon Wireless (Licensee) will pay $38,400 per
year ($3,200 per month) for the right to install six (6) panel antennas, one (1) microwave
dish, two (2) fiber demarcation boxes, and six (6) RRU units mounted to two (2) new 80'
light standards that will replace the existing 80' light standards. Licensee will also install
one (1) underground equipment vault. The term of the Agreement is 10 years with two 5
year options. License payments will be escalated annually at 4.00%. Over the initial 10
year term, Licensee will pay $461,035, of which the City will receive $368,828 (80%). If
Licensee exercises the option to extend through 2035 (total of 20 years), total payments
will be $1,143,478, of which the City will receive $914,783 (80%).
Consistent with the existing consulting agreement, ATS Communications will receive 20%
of the license payments through the term of the License Agreement including extension
periods. The proposed terms and conditions of the Agreement are competitive with market
rents for similar carriers providing voice and data services.
Chad Clanton David A. Wilson
Deputy Director, Parks and Recreation Director, Parks and Recreation
Attachment — Communications Site License Agreement
1.
COMMUNICATIONS SITE LICENSE AGREEMENT
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This Communications Site License Agreement ("Agreement") is made as of the latter
signature date below ("Effective Date") by and between the City of Tustin, a municipal
corporation, whose address is 300 Centennial Way, Tustin, California 92780 (hereinafter
"City"), and Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless, a California
limited partnership with its principal offices located at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920 (hereinafter "Licensee"). The City and Licensee are at times
collectively referred to hereinafter as the"Parties"or individually as the"Party."
1. GRANT OF LICENSE.
City currently owns property, commonly known as Tustin Sports Park, located at 12850
Robinson Drive, in the City of Tustin, County of Orange, State of California, identified
Assessor's Parcel Numbers 501-112-05 — 501-112-12, 501-112-14 and 501-112-16, as legally -
described on Attachment I attached hereto and made a part hereof(the"Property"). City hereby
grants a license to Licensee for the purpose of installing and maintaining certain communications
equipment consisting of antenna support structure ("Tower"), antennas, cable runs, radio i
transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines
and facilities, storage facilities, including walls, fences and gates, telephone facilities,microwave
equipment and associated equipment (collectively, "Licensee's Facilities") on the Property at
those locations more specifically set forth on Attachment 2 attached hereto and made a part
hereof(the"Premises") and as depicted on Attachment 3 attached hereto and made a part hereof,
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 over, under, or along a twelve foot (12') wide
right-of-way extending from the nearest public right-of-way, Robinson Drive, (the "Non-
Exclusive Site Access Area") to the Premises to be approved in form and content in the sole
discretion of the Tustin Parks and Recreation Department as generally depicted in Attachment 3,
following notice by Licensee of its intent to access the Premises or Licensee's Facilities. The
Tustin Parks and Recreation Department reserves the right to change the Non-Exclusive Site
Access Area at any time, and the Non-Exclusive Site Access Area shall not remain a fixed
location for access purposes; provided, however, that any new Non-Exclusive Site Access Area
provides Licensee with reasonable access to the Premises. 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:
1.1 All utility wires, poles, cables, conduits, and pipes along or under the Non-
Exclusive Site Access Area shall be below ground, except for transformers and meter pedestals
in the locations generally depicted in Attachment 3.
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1.2 Motor vehicles, including trucks, shall be limited in their access to the Premises
on those portions of the Non-Exclusive Site Access Area that are depicted on Attachment 3.
1.3 Licensee shall have twenty-four (24) hours per day, seven (7) days pet' week
access to the Premises, without payment of any additional fees to City.
1.4 Licensee shall give twenty-four(24) hours notice to the City prior to commencing
any routine maintenance or any other activity or work that would interfere with the use of Tustin
Sports Park or scheduled City activities or programs; provided that no advanced notice shall be
required in the event of an emergency, in which case Licensee shall give the City notice of its
access to the Premises as soon as is reasonably practical thereafter. Routine maintenance and
work hours that result in interference with the use of Tustin Sports Park or scheduled City
activities or programs shall be subject to review and approval by the City. Licensee shall not
interfere with City scheduled activities within Tustin Sports Park, except in the event of an
emergency as defined in Section 12 of this Agreement.
2. TERM. F.
Unless earlier terminated in accordance with this Agreement, the term of this Agreement
shall be for ten(10)years commencing upon the Effective Date("Term") 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(s)")
of Three Thousand Two Hundred and No/100 Dollars ($3,200.00)payable to the City on the first
of each month, commencing upon the Effective Date. However, the City and Licensee
acknowledge and agree that the initial License Payment shall be sent by Licensee within thirty
(30)days of the Effective Date.
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 percent (10%) 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 until paid in full, at the default rate of ten percent
(10%), 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 5 —License Payment Direction Form or as modified in writing by
the City upon notice to Licensee.
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3.2 Security Deposit.
3.2.1 Payment and Form of Security Deposit. Prior to the Effective Date and prior to
taking possession of the Premises, Licensee shall pay to the City a security deposit in the amount
of Nine Thousand and No/100 Dollars ($9,000.00) ("Security Deposit") in the form of a certified
check. In lieu of posting a certified check Security Deposit, Licensee may provide a
performance bond to the City in the amount of Nine Thousand and No/100 Dollars ($9,000.00),
naming the City as covered obligee,with surety and in the form and substance each acceptable to
the City in its sole discretion.
3.2.2. Performance. The Security Deposit shall serve as security for the faithful
performance of all of Licensee's obligations, and may be applied in satisfaction and/or mitigation
of damages arising from an Event of Default (as defined in Section 13 below), 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
bylaw to remedy an Event of Default.
3.2.3. Maintaining Security Deposit. In the event any amount or all of the Security II
Deposit 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 the Security
Deposit to the full amount required hereunder.
3.2.4 Return of Security Deposit. The Security Deposit 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
the City.
3.3 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 Licensee's personal property, equipment, and trade fixtures installed about the Premises.
Licensee shall have the sole responsibility to pay such taxes or fees.
3.4 Utilities. Licensee shall obtain, at its sole cost and expense, any utilities for the
operation of Licensee's Facilities. Licensee shall furnish and install a separate electrical meter
for the measurement of its electrical power used by Licensee. Licensee shall be permitted at any
time during the Term, to install, maintain and/or provide access to and use of, as necessary
(during any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such locations
as approved by the City in its sole discretion in accordance with applicable codes and
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regulations. Licensee shall have the right to install conduits connecting the temporary power
source and related appurtenances to the Premises. 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 this Agreement.
4. ANNUAL LICENSE PAYMENT INCREASES.
Monthly License Payments shall be subject to an annual increase of four percent (4%) per
year,to be increased on each anniversary of the Effective Date of this Agreement.
5. LICENSE EXTENSIONS.
Provided that Licensee is not in default in the performance of this Agreement, Licensee
shalt have the option to extend the term of this Agreement 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 the Agreement terms related to insurance in any renewal license per City
policy. The monthly Licensee Payment for the Renewal Term shall be equal to the then-current
Licensee Payment, as adjusted on an annual basis as described in Section 4, Annual License
Payment Increases. The option(s) to extend the term shall be exercised by written notice given
to the City not less than ninety (90) days prior to the Agreement termination date. The initial
term and all Renewal Terms shall be collectively referred to herein as the"Term."
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 Agreement as
the "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 Govermnental 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 or are found to be unsatisfactory so that
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Licensee will be unable to use the Premises for its intended purposes, Licensee and its agents
shall have the right to terminate this Agreement. Notice of Licensee's exercise of its right to
terminate shall be given to the City in writing by personal service, or first class mail, or by a
nationally recognized carrier, 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 the Parties shall have no further obligations, including the payment of
money, to each other.
7. LICENSEE'S USE AND MAINTENANCE OF PREMISES.
7.1 Use. Following the City's approval of Licensee's Facilities plans and
specifications, Licensee may use the Premises for the purpose 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 right to construct, maintain, install, repair,
and operate a radio communications facilities on the Premises, 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.
7.2 Maintenance of Licensee's Facilities and Damage to City Property.
Notwithstanding the foregoing, once the initial improvements are installed, Licensee shall, as is
necessary, be responsible for the replacement, substitution, upgrading 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 entering the
Premises. 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 apprentices
caused by Licensee regardless of negligence. Licensee shall repair and/or replace said damages
or the City will contract for said services. If the City makes such repairs and/or replaces said
damages (only after giving Licensee notice of intent to do so and an opportunity to cure), then
Licensee shall pay to the City an amount equal to the reasonable amount of said costs which the
City has invoiced Licensee within thirty (30) days after presentation by the City to Licensee of a
written invoice and supporting documentation. If any payment to be made by Licensee is not
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received within such thirty (30) day period, a late charge equal to ten percent (10%) 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
until paid in full, at the default rate of ten percent(10%)per annum.
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 the City.
7.4 Licensee Maintenance Notification. Licensee shall provide notification to the
City five (5) days prior to commencement of any construction work on the Licensee's Facilities
conducted by Licensee or its agents, so as to give the City the opportunity to post a notice of
non-responsibility. Said work hours are subject to the approval by the City. Licensee, in
providing regular maintenance to the Licensee's Facilities, shall provide twenty-four (24) hours
notice to the City prior to commencing any maintenance that would interfere with the use of the
City facilities or scheduled events; all other routine maintenance work may be conducted without
notice to the City. Said work hours shall be subject to review and approval by the City.
7.5 Licensee Notification for Emergency Repair. Any work or repair of an
emergency nature will require 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 in a
condition that approximates the initially installed Licensee's Facilities, including exterior
finishes. If Licensee is responsible for installing any landscaping on the Property as a result of
any government permits or approvals, once the initial installation is completed, the City shall be
responsible for the ongoing maintenance of the landscaping at the City's sole cost and expense.
In the event any portion of the Licensee's Facilities and/or any parts regardless of fault,
including, but not limited to damage caused by vandalism or Acts of God, except if damage is
caused solely by the gross negligence or willful misconduct of the City, its employees, agents,
contractors or volunteers, prove to be defective or shall require repair or prompt maintenance to
prevent further deterioration, Licensee shall, promptly on demand by the City and in no event
later than seven (7) days after Licensee's receipt of the demand by the City, 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 seventy-two (72) hours
after Licensee's receipt of demand by the City. This time period for completion of any required
work may be extended with written authorization from the City 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 tine granted by the City for completion of work, the City
shall have the right(but not the obligation)to take such actions as are necessary to complete such
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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) days after
Licensee's receipt of written demand by the City. If any payment to be made by Licensee is not
received within such ten (10) day period, .a late charge equal to ten percent (10%) 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
until paid in full, at the default rate of ten percent(10%)per annum.
8. CITY'S USE OF PREMISES.
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8.1 City Business. Notwithstanding the grant of license rights to Licensee, the City
and the public shall have the right to conduct City Business (as defined below) on the Property
and within the Non-Exclusive Access Area, excluding that portion of the Premises identified for ll
Licensee's Facilities. Nothing in this 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; provided such
use does not interfere with Licensee's use of the Premises or operation of Licensee's Facilities
thereon. "City Business" shall include, but not be limited to, the following: maintenance,
landscaping, construction, concessionaires, City sponsored events, and 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. The 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. Licensee acknowledges and agrees that the City policy is to provide
for co-location of communication tower facilities. In the event that a third party wishes to
collocate equipment within/on Licensee's Premises, Licensee shall require such third party to
enter into a license directly with the City for use of ground space outside of the Premises, and for
use of the Non-Exclusive Site Access Area and utility casements therefore. Licensee
acknowledges that the City shall retain the authority and absolute right to enter into a license
agreement with other mobile/wireless communications providers ("Additional Licensee") to
utilize space on the Property, excluding the Premises. The City agrees that any subsequent
license agreement for an Additional Licensee shall include a provision that, as a condition
precedent to using such space, Additional Licensee shall not interfere with the operations of
Licensee's Facilities, and shall indemnify, defend and hold harmless Licensee and its employees,
agents, contractors and subcontractors for any and all losses, claims, liabilities, damages, costs
and expenses (including reasonable attorney's, court and appellate fees and costs) and injuries
(including personal injuries or death) caused or contributed to by Additional Licensee, its
employees, agents, contractors, subcontractors and invitees.
8.3 City Use of Tower for Park Lighting. Licensee shall construct the Tower so that
it is structurally and functionally capable of supporting the City's lighting equipment, as
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described and depicted in Attachment 3. Licensee shall be responsible for equipping and
installing the City Park lighting on the Tower as specified by the City's Parks and Recreation
Department, the Department of Public Works, and the City's Building Division. The City shall
have the right (but not the obligation) to install lighting equipment thereon, as such lighting
equipment is generally shown on the site plans attached hereto as Attachment 3, which lighting
equipment shall at all times remain the personal property of the City and the City shall at all
times be solely responsible and liable for the installation, operation, maintenance and repair
thereof, including but not limited to replacement of lights and all other ownership obligations
relating thereto, except for damage resulting from the negligence or willful misconduct of
Licensee. If the City intends to make any changes to such lighting equipment or if the
installation will deviate at all from that shown on Attachment 3 hereto, the City must first obtain
Licensee's prior written consent to such changes, which consent shall not be unreasonably
denied, delayed or conditioned. The City will notify Licensee of any installation, construction, ft
maintenance, repair and removal work to be conducted on the Tower, and will coordinate the
scheduling of such activities with Licensee so that Licensee can power down its equipment, if
necessary, to meet any ANSI (as defined in Section 11.1 below) standards or any other
applicable laws, orders or regulation relating to MPE(as defined in Section 11.1 below).
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 judgment 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 9
injury to persons or damage to property and for civil fines 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:
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 Agreement;
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 Agreement or otherwise;
9.1.2.1 Any act, omission, or negligence of Licensee its officers, agents,
employees;
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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 Agreement or any applicable
federal, state, regional or municipal law,ordinance, rule or regulation related to the use or
occupancy of the Premises.
10. INSURANCE.
10.1 Licensee shall provide, and require any contractors or subcontractors to obtain and
maintain substantially the same coverage as required of Licensee, and maintain at its own expense
during the Tenn 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 according to
the latest Best's Key Rating Guide, except that the City wilt 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 Blanket Additional Insured Endorsements as
applicable shall be delivered to the City Manager prior to commencing with work. Licensee shall
provide as follows: (1) upon receipt of notice from its insurer Licensee shall provide the City with
no less than thirty (30) days prior written notice of cancellation from its insurer; (2) commercial
general liability insurance shall be primary to and not contributing with any other insurance
maintained by the City, and shall include the City, ATS Communications, and any related entity of
the City, as an additional insureds as their interest may appear; (3) Licensee's workers
compensation insurance 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 (4) if Licensee is self insured for Workers' Compensation, Licensee shall submit to the City a
copy of its certification of self insurance. All insurance shall be maintained on an occurrence basis
and shall include the following:
10.1.1 Commercial General Liability Insurance. Commercial general
liability insurance including Premises-Operations, contractual liability, third party property
damage, and bodily injury (including death), with a combined single limit of not less than
$2,000,000.00 per occurrence and$2,000,000.00 general aggregate. Coverage shall be at least as
broad as Insurance Services Office Commercial General Liability coverage.
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.
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10.1.3 Deductibles. Licensee shall be at sole risk of any deductibles on
any required coverage.
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 verified.
10.1.5 Verification of Coverage. Certificates of insurance required herein
are to be signed by a person authorized by that insurer to bind coverage on its behalf. Blanket
additional insured endorsements are acceptable. All certificates and endorsements are to be
received and approved by the City before the Effective Date of this Agreement.
10.1.6 Vehicle Insurance. Licensee shall maintain sufficient automobile
liability insurance covering all owned, non-owned, and hired vehicles accessing the licensed
Premises and such insurance shall be in the amount of $1,000,000.00 per accident for bodily
injury and property damage. Coverage shall be at least as broad as Insurance Services Office
Form.
11. MISCELLANEOUS LICENSEE RESPONSIBILITIES.
11.1 Maximum Pennissible Exposure. Licensee shall comply with all present and
future laws, orders, and regulations relating to Maximum Permissible Exposure ("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 the City, its officials, officers, and employees from and against all
claims of personal injuries due to violation of MINE 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. Licensee shall not interfere or
cause to interfere with activities on adjacent City-owned sites including sports activities and
cultural events. Licensee shall provide notice to the City pursuant to Section 7, Licensee's Use,
and Maintenance of Premises, of this Agreement above 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 the City's communication equipment on Licensee's Facilities
at no cost to the City on a temporary basis, not to exceed thirty (30) days. The City is
responsible for maintaining its own equipment. In addition, the City shall indemnify, defend and
hold harmless Licensee, its officers, directors, partners, shareholders, employees, agents,
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contractors or subcontractors from and against any and all losses, claims, liabilities, damages,
costs and expenses (including reasonable attorney's fees and costs) and injuries (including
personal injuries or death) arising from or in connection with the City's use, operation,
maintenance or repair of equipment on the Premises and Licensee's Facilities, except those
resulting from the negligence or willful misconduct of Licensee or Licensee's officers, directors,
partners, shareholders, employees, agents, contractors or subcontractors. The space to be made
available will not create interference with Licensee's communications operations and radio
frequency transmissions previously in use and operating in compliance with all government
regulations. During such cases of emergency, the City entities will be afforded twenty-four(24)
hours access to its equipment at the Premises. In addition, for such emergency use only, the City
will be provided "power backup" by Licensee at the Premises,if available, on a temporary basis;
provided the City hereby waives any and all rights and claims against Licensee for any damages,
injury, or costs that may arise should there be an interruption or outage in use of such "power
backup." �
i
13. DEFAULTS.
It shall constitute an event of default under this Agreement ("Event of Default"), 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 Agreement ("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 fifteen (15) days in which to cure any monetary default. A non-
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 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 Event of Default by the Defaulting
Party, the Injured Party may:
Tustin Sports Park
63873887_3 11
13.4.1 Terminate the Agreement. Terminate the Agreement by written
notice to the Defaulting Party pursuant to Section 16 of this Agreement.
13.4.2 Seek Performance. Seek specific performance of the obligations
under this 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 (as
defined below) onto the Premises, except for sealed batteries, propane/diesel/gasoline, HVAC
system, halon/FM200 fire suppression system, 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 and 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 the 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 Agreement
following such fine or other casualty, the License Payment shall be abated during the period of
Tustin sports Park
63873337_3 12
repair following such fine or other casualty in proportion to the degree to which Licensee's use of
the Premises is impaired.
16. TERMINATION.
16.1. Compelled Termination. If, during the Term, there is a determination made
pursuant to a final and non-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, then
Licensee shall immediately cease all operations on the Premises and the City or Licensee may
terminate this Agreement immediately upon written notice to the other party.
16.2. Termination by Licensee. Licensee may terminate this Agreement by notice to
the 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) Licensee
experiences any technological interference to its operations at the Premises, including, without
limitation, signal strength; (iii) the Property or Licensee's Facilities are, or becomes,
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 the
City an early termination fee equal to six (6)months of the then-current License Payment; or(iv)
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 the City an early termination fee equal to six (6) months of the
then-current License Payment; or (v) the 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 be granted to the City
by Licensee pursuant to Section 13.3. Upon termination, except in the case of a termination for
an Event of Default by the City, all prepaid rent shall be retained by the City. In the event
Licensee abandons'its property for ninety (90) days, including, but not limited to, the Tower,
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 (3) consecutive months, provided that the City has notified Licensee of its failure to
make such License Payments in accordance with Section 13, and failure to provide the City with
Tustin spoils Park
63873887_3 13
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written communication by Licensee regarding use of Licensee's Facilities; the City is under no t
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obligation to contact Licensee regarding status of Licensee's Facilities during this period. f
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16.3. Termination by City. 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 agree upon a Relocation Site (as defined in Section
17 below) in accord with Section 17 of this Agreement.
17. RELOCATION RIGHT BY CITY.
i
17.I. City Right to Order Relocation. Any time after the expiration of the first Renewal i
Tenn, the City shall have the one-time right to relocate Licensee's Facilities to alternate space on 1
the Property; to be performed by Licensee or its agents, at the Licensee's sole cost and 1
expense,to be done in accordance with Subsections 17.2 and 17.3 below. Upon relocation of 9
Licensee's Facilities, the access area and utility rights-of-way areas will be relocated as required, {
in the sole discretion of the City in coordination with any utility provider, to operate and
maintain Licensee's Facilities. Any relocation of the Licensee's Facilities shall be consistent i
with Chapter 3 of Division 4 of the California Public Utilities Code (Section 7901 et seq.) and 1
other sections of the Public Utilities Code, as applicable, except that the provisions of this 1
Section 17.1 shall only remain in force and effect for twenty-five (25) years. Notwithstanding 1
1
anything in this Agreement to the contrary, under no circumstances is Licensee responsible or i
liable to relocate any of the City's equipment or any Additional Licensee's equipment, such i
responsibility and liability remaining solely with the entity that owns or operates such
equipment.
t
17.2. Exercising Right to Relocation. The City shall exercise the City's relocation right i
under Section 17,1 above only by delivering written notice (the "Notice") to Licensee. In the
t
Notice, the City shall propose an alternate site within or on the Property to which Licensee may s
relocate Licensee's Facilities ("Relocation Site"). Licensee shall have sixty (60) days from the i
date it receives the Notice to evaluate the City's proposed Relocation Site, during which period E
Licensee shall have the right to conduct tests to determine the technological feasibility of the 1
proposed Relocation Site. If Licensee fails to approve such proposed Relocation Site in writing
within the sixty (60) day period, Licensee shall be deemed to have disapproved such proposed 1
Relocation Site. If Licensee disapproves such Relocation Site, then the 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 Relocation Site within six (6) months of the initial Notice
being delivered by the City, then this Agreement shall be terminated pursuant to Section 16. {
However, if the City and Licensee find an alternative Relocation Site, Licensee shall have a 1
period of not more than twelve (12) months after execution of a written agreement between the
Parties concerning the location and dimensions of the Relocation Site to relocate Licensee's j
Facilities to the Relocation Site. I
1
Tustin Sports Park i
63873887_3 14
i
1
17.3. Agreement 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. The 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 Attachment 2 and become a part hereof and
will control or describe the Premises. Except as expressly provided, the 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 terms and
conditions of this Agreement.
18. CONDITION OF PREMISES AT TIME OF TERMINATION.
Upon termination of this Agreement, Licensee shall within ninety (90) days remove all of
Licensee's Facilities and all personal property and restore the Premises, as defined in this
Agreement, to the condition in which it existed immediately prior to Licensee's construction on
the Premises, reasonable wear and tear and casualty excepted. The 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. The
City may, at its sole discretion, agree to provide reasonable additional time to remove Licensee's
Facilities. In such event, Licensee shall pay the License Payment at the then-existing monthly
rate as adjusted upward by twenty-five percent (25%) until such time as the Licensee's Facilities
and personal property are removed. In the event Licensee fails to remove the Licensee's
Facilities and personal property within such ninety (90) day period as requested by the City, the
City may remove the Licensee's Facilities and personal property at the sole cost and expense of
Licensee.
19. NON-INTERFERENCE WITH PUBLIC COMMUNICATIONS SYSTEMS.
19.1. Non-Interference with Public Safety Communication Systems. Before activating
Licensee's Facilities, Licensee shall submit to a post-installation test to confirm that the
"planning and frequency coordination" of Licensee's Facilities was successful in not interfering
with the City's Public and Safety radio equipment. The test will be conducted by the
Communications Division of the Orange County Sheriff-Coroner Department or a Division-
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 twenty-four (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 Licensee' Engineering and Maintenance Departments shall be provided to
the City prior to activation of Licensee's Facilities as well as a telephone number to its Network
Operations Center,
Tustin Sports Park
63873887_3 15
it
19.2. Notes to be Added to Licensee's Submitted Plans. Licensee recognizes that the
frequencies used by Licensee's Facilities located at the Premises are close to the frequencies
used by the City 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. and as endorsed by the Federal Communications Commission ("FCC"). Prior
to the issuance of any permits to install Licensee's Facilities, 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.
Similar consideration shall be given to any other existing or proposed wireless communications
facility that may be located on the Property. Licensee shall provide a twenty-four (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 Licensee's Engineering and Maintenance Departments shall be provided to
the City upon activation of Licensee's Facility as well as a telephone number to its Network
Operations Center.
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 the respective Parties to 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. This Agreement constitutes the entire agreement
between the Parties pertaining to the subject matter hereof. This Agreement may not be
modified, amended, supplemented, or otherwise changed except in writing executed by both
Parties.
20.3 Partial Invalidity. If any provision of this 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 Rights. The failure of either Party to insist upon strict performance of any of the
terms or conditions of this Agreement or to exercise any of its rights under this 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.
Tustin Sports Park
63873887_3 16
{
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 Assignment/Subletting. Licensee shall not assign, transfer or sublet any right or
interest in this Agreement without written approval of the City; provided, however, that Licensee
may, without City approval, 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
Agreement. All other assignments shall require review and approval by the City. Upon a City-
approved assignment in which Licensee's assignee assumes all liabilities and obligations of
Licensee subsequent to the effective date of such assignment, and in which Licensee retains
liabilities and obligations accruing prior to the effective date of such assignment under applicable
law, Licensee shall be relieved of all future performance, liabilities, and obligations under this
License Agreement,provided that the assignee shall assume 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.
•
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 the City:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: City Manager's Office
Tustin Sports Park
63873887_3 17
i
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With a copy to:
President
i
ATS Communications ,,
22642 Lambert Street, Suite 401A
Lake Forest, California 92630 l
(949) 344-1621 -
tony@atsconun.com 4.
P,
To Licensee: it
Los Angeles SMSA Limited Partnership,
d/b/a Verizon Wireless .
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention: Network Real Estate
Site Name: Tustin Sports Park
i
The City or Licensee may from time to time designate any other address for notices or j
deliveries by written notice to the other party. Notice shall be effective upon actual receipt as i
i
shown on the receipt obtained pursuant to the foregoing. n
i
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 Interference with Licensee's Facilities. Licensee's Facilities and operations shall
not interfere with the communications configurations, frequencies or operating equipment which a
. exist on City's Property on the Effective Date which operate and continue to operate within their
frequencies and in compliance with all laws ("Pre-existing Communications"), and Licensee's
d.
Facilities and operations shall comply with all non-interference rules of the FCC. Upon receipt p
of written notice from the City of apparent interference by Licensee with Pre-existing t
Communications, Licensee shall have the responsibility to promptly terminate such interference
or demonstrate to the City with competent information that the apparent interference in fact is
not caused by Licensee's Facilities or operations. The City shall not, nor shall City permit any
l
subsequent tenant or occupant of any portion of the City's Property, to engage in any activities or
operations which interfere with the communications operations of Licensee described in this l
Agreement. Such interference with Licensee's communications operations shall be deemed a
material breach by the City, and the City shall have the responsibility to promptly terminate said
interference. In the event any such interference does not cease promptly, the Parties
acknowledge that continuing interference will cause irreparable injury to Licensee, and therefore s
Licensee shall have the right to bring a court action to enjoin such interference or to terminate i
this Agreement immediately upon notice to the City. The City agrees to incorporate equivalent i
provisions regarding non-interference with Pre-existing Communications into any subsequent
i
Tustin Sports Park 3'
63873887_3 18
leases, licenses, or rental agreements with other persons or entities for any portions of the City's
Property.
20.12 This Agreement shall be binding upon and inure to the benefit of the Parties, their
respective successors,personal representative and assigns.
20.13 Quiet Enjoyment. So long as Licensee is not in default under this Agreement,
Licensee shall be entitled to quiet enjoyment of the Premises during the Term of this Agreement,
and Licensee shall not be disturbed in its occupancy and use of the Premises.
20.14 Attachments. Attached hereto are the following, all of which constitute part of
this Agreement:
A. Attachment 1, Legal Description of the Property
B. Attachment 2, The Premises
C. Attachment 3, Licensee's Facilities and Non-Exclusive Site Access Area
D. Attachment 4, Agreement to Conditions Imposed
E. Attachment 5, License Payment Direction Form
***SIGNATURES ON FOLLOWING PAGE***
ps
Tustin sports Park
63873887_3 19
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date
and year last written below.
ATTEST: CITY OF TUSTIN
By: By:
City Clerk Services Supervisor Name: Jeffery C. Parker, City Manager
Date:
APPROVED AS TO FORM:
By:
City Attorney
LICENSEE:
Los Angeles SMSA Limited Partnership,
d/b/a Verizon Wireless
By: AirTouch Cellular
Its: General Partner
By: -, ���i
Name: Harold.W. avarre
Its: Executive Director-Network
Date: gJ2e)
Tustin Sports Pak
63873887_3 20
Attachment 1
Legal Description of 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.
Excepting from the land all oil, oil rights, minerals, mineral rights, natural gas rights and other
hydrocarbons by whatsoever name known, geothermal steam, and all products derived from any
of the foregoing, that may be within or under the land, together with the perpetual right of
drilling, mining, exploring and operating therefore, and storing in and removing the same from
said land or any other land, including the right to whipstock or directionally drill and mine from
lands other than the land, oil or gas wells, tunnels and shafts into, through or across the
subsurface of the land, and to bottom such whipstocked or directionally drilled wells,tunnels and
shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip,
maintain, repair, deepen and operate any such wells or mines, without,however, the right to drill,
mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of
the land, as reserved by The Irvine Company in the Deed recorded May 21, 1991 as Instrument
No. 91-249110 of Official Records.
Also excepting from the land any and all water, water rights or interests therein appurtenant or
relating to the land or owned or used by The Irvine Company in connection with or with respect
to the land (no matter how acquired by The Irvine Company), whether such water rights shall be
riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or
contractual, together with the right and power to explore, drill, redrill, remove and store the same
from or in the land or to divert or otherwise utilize such water, rights or interests on any other
property owned or leased by The Irvine Company; but without, however, any right to enter upon
the surface of the land in the exercise of such rights, as reserved by The Irvine Company, in the
deed recorded May 21, 1991 as Instrument No. 91-249110 of Official Records.
Assessor's Parcel Number: 501-112-05—501-112-12, 501-112-14& 501-112-16
Tustin Sports Park
63873887_3
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Attachment 2
The Premises
See the attached drawings dated October 22, 2014, Sheet A-1
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Attacffinent 3
Licensee's Facilities and Non -Exclusive Site Access Aa,ea
See the attached drawings dated October 22, 2014, Sheets A-2 and A-3 identified with PrqjeCt
Information: TUSTIN SPORTS PARK
In addition to the approxn"inately one htinch-ed seventy-nine (179) square feet lease area for the
installation, operation and maintenance of conu-nunications equipment as depicted on the
attached drawings, the Preinises also includes anten-nas, cable runs and support structures.
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Attachment 4
Agreement to Conditions Imposed
See attached.
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Tustin Spoils Park
63873887_3
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Community Development Department TU S TIN t
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January 9, 2015 Ii� IW,; i
His cony 1
Verizon Wireless (c/a Elaine Yang, Core Development Services) BUILDING OUR FUTURE
15055 Sand Canyon Avenue, Building D, First Floor HONORING OUR PAST i
Irvine, CA 92618 I 1
SUBJECT: APPROVAL OF APPLICATION DESIGN REVIEW 2014-016 I :
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Dear Ms. Yang: 1 i
Thank you for your application received on November 25, 2014, requesting authorization to mount 3
six (6) panel antennas, one (1) microwave dish, two (2) demarcation boxes and six (6) RRU ,
units to two (2) 80'-0" tall field light standards with an underground equipment vault for a minor i
wireless telecommunications facility at 12850 Robinson Drive. The project is identified as Design i t
Review (DR) 2014-016. The Community Development Department is pleased to Inform you that }
your project has been approved subject to the conditions of approval contained'in the attached f
Exhibit A.
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Approval of Design Review 2014-016 is contingent upon the applicant and property owner signing r
and returning an "Agreement to Conditions Imposed" form as established by the Community 2
Development Department in accordance with Condition 1.5 of Exhibit A, In addition, a"Notice of
Discretionary Permit Approval"form is required to be signed and notarized by the property owner in
accordance with Condition 1.5 of Exhibit A,
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Should you have any questions or concerns regarding this project, please contact Samantha Beier 1
at(714) 573-3354.
Sincerely, s
ElizabethA. Binsack' �� i t
Director of Community Development 1 (
Attachments: Exhibit A— Findings and Conditions of Approval `
Agreement to Conditions Imposed Form • s
Notice of Discretionary Permit Approval 1 (;
cc: Elaine Yang, CORE Development Services, 2749 Saturn Street, Brea,CA 92821 t
Verizon Wireless-Site Development, 15606 Sand Canyon Avenue, Bldg. 0, Irvine, CA 02618 1
David Wilson,Parks& Recreation Director q
John Buchanan, Redevelopment Program Manager t
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S\Cdd\Samantha\Dasign Review\DR 2014-016(Verizon Minor Wireless)Wpproval.doc 1
300 Centennial Way,Tustin, CA 92780 • R (714)573-3100 • F: (714) 573-3113 • aww.tustinca.org i
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EXHIBIT A
FINDINGS AND CONDITIONS OF APROVAL
DESIGN REVIEW 2014-016
12850 ROBINSON DRIVE
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I, The Community Development Department finds and determines as follows:
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A. A proper application for Design Review 2014-016 was submitted by Elaine ;
Yang of CORE Development Services, on behalf of Verizon Wireless
requesting to mount six (6) panel antennas, one (1) microwave dish, two i
(2) demarcation boxes and six (6) RRU units to two (2) 80'-0" tall field light
standards with an underground equipment vault for a minor wireless
telecommunications facility at 12850 Robinson Drive,
B. The site is designated Planned Community Community Facility (PCCF) i
within the East Tustin Specific Plan zoning district. The site Is designated `3
as Planned Community Public/Institutional by the General Plan Land Use
map and is developed with a public sports park. The proposed wireless
facility meets the development standards of the PCCF. i
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C. That Tustin City Code Section 7262 requires Design Review for new
'aboveground utility facilities and their accessory equipment located on
public property and in the public right-of-way. City Council Resolution No. 1
01-95 provides guidelines for aboveground utility facilities on public
property and within the public right-of-way and the project has been
reviewed for consistency with the guidelines, i
D. That the City's wireless telecommunications consultant, ATS '
communications, has identified the project site as an optimal location for a s
wireless facility. Furthermore, ATS Communications has reviewed and
• approved the proposed project. •
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E. That the location, size and general appearance of the proposed project as
conditioned is compatible with the surrounding area in that the light poles
are existing and all associated equipment would be contained within an
underground vault.
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F. That a license agreement with the City is required prior to installation or
operation of the proposed facility in accordance with Section 7261 of the
Tustin City Code. }
G. That the location, size, aesthetic features, and general appearance of the j
proposed wireless facility complies with City Council Resolution No. 01-95
and will not impair the orderly and harmonious development of the area,the
present or future development therein, or the community as a whole. In .
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January 9, 2015
Design Review 2014-016 I
Exhibit A I
Page 2 i
making such findings, the Community Development Director has considered 1
at least the following Items: igig(
1. Exterior materials and colors - As conditioned, the proposed light E
pole, panel antennas, equipment enclosure and landscaping will t
match the existing light poles and landscaping in color and style, i
2. • Towers structures -As conditioned, the proposed light pole height
is compatible with the existing sports field light poles. •
3. Stealth Facility - The proposed wireless facility is of a stealth design 1 .
as light poles. The facility will replace two (2) existing light standards.
All new accessory equipment will be located within an underground
vault. i s
4. Co-location - The proposed facility has been conditioned to evaluate t
requests for co-location and determine the feasibility of additional Ir
carriers on the light poles. ?,
. • 5. Accessory Equipment-•All accessory equipment is located within an i
underground vault and will Include two (2) vent stacks, and an
equipment vault hatch. t
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6. Landscape-- No trees would be removed as a result of the proposedI
facility and additional landscaping to match the existing landscaping t
would be provided at the equipment enclosure.
7. Signage - Only signage related to certifications and warnings will be
allowed at the facility in accordance with proposed Condition 2.4, No I E
advertising would be permitted on the facility.
8. Required Removal - Upon termination of the license agreement, the
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proposed facility would be required to be removed.
9. Undergrounding-All of the utilities servicing the project site would be i j
located underground. !
10. Appearance and design relationship of proposed structures to t i
existing structures and possible future structures in the I
neighborhood and public thoroughfare - The proposed project is '
designed to match the existing light poles and would not
significantly alter the appearance of the light poles as currently ;
existing.
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11, Development Guidelines and criteria as adopted ' y t
y the City
Council. The proposed project complies with Design Guidelines it t
adopted by the City Council. jfII
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January 9, 2015
Design Review 2014-016
Exhibit
Page 3
H, This project Is Categorically Exempt pursuant to Section 15303, Class 3 of
Title 14, Chapter 3 of the California Code of Regulations (Guidelines for
the California Environmental Quality Act),
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II. The Community Development Department hereby approves Design Review
•
. 2014-016 authorizing the modification of an existing wireless telecommunications
facility which would involve the mounting of six (6) panel antennas, one (1)
microwave dish, two (2) demarcation boxes and six (6) RRU units to two (2) 80' E
tall field light standards with an underground equipment vault, subject to the €
following conditions:
GENERAL ,
(1) 1.1 The proposed project shall substantially conform with the Tustin City
Code and Tustin guidelines and standards and be consistent with
submitted plans for the project date stamped January 9, 2015, on file
with the Community Development Department, as herein modified, or as I
modified by the Director of Community Development in accordance with I
this Exhibit. The Director of Community Development may also approve I
subsequent minor modifications to plans during plan check if such ,
modifications are consistent with provisions of the Tustin City Code or
other applicable regulations. c`
(1) 1.2 All conditions in this Exhibit shall be complied with subject to review and
approval by the Community Development Department.
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(1) 1.3 This approval shall become null and void unless the use is established 1 [
within eighteen (18) months of the date of this Exhibit. Time extensions
may be granted if a written request is received by the Community
Development Department within thirty (30) days prior to expiration. i.
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(1) 1.4 Design Review approval shall remain valid for the term of the Lease
Agreement or License and/or Right-of-Way Agreement including any t
extension thereof or as long as the Encroachment Permit is valid. Upon
termination or expiration of the Lease Agreement or License,
Encroachment Permit, Right-of-Way Agreement or upon the failure of
Grantee to build the facility within 180 days of its approval, the Design 1 €
Review approval for the facility shall become null and void and the r
facility shall be removed within thirty (30) days from such termination or i fi
expiration. Time extensions may be considered if a written request Is `
received by the Community Development Department within thirty (30)
days prior to expiration.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) GEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) CALIFORNIA CODE/S (7) PCICC POLICY j
(4) DESIGN REVIEW """ EXCEPTION !
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January 9, 2015 t
Design Review 2014-016
Exhibit A 1
Page 4
(1) 1.5 Approval of Design Review 2014-016 Is contingent upon the applicant j
signing and returning to the Community Development Department a l
notarized "Agreement to Conditions imposed" form. The forms shall be t
established by the Director of Community Development. Design Review !
approval is also contingent on establishing a valid License Agreement 1
with the City for the subject project. I
(1) 1.6 The applicant shall agree at its sole cost and expense, to defend, !
indemnify, and hold harmless the City, its officers, employees, agents, {
and consultants, from any claim, action, or proceeding brought by a third I
party against the City,,its officers, agents, and employees, which seeks
to attach, set aside, challenge, void, or annul an approval of the City 1
Council, the Planning Commission, or any other decision-making body,
including staff, concerning this project. The City agrees to promptly notify t
the applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at this sole 4 1
cost and expense, elect to participate in defense of any such actions f
under this condition. c 1 i
(1) 1,7 Any violation of any of The conditions Imposed is subject to issuance of '
an Administrative Citation pursuant to Tustin City Code Section 1162(a). i ti
(1) 1.8 The applicant shall be responsible for costs associated with any
necessary code enforcement action, including attorney fees, subject to
the applicable notice, hearing, and appeal process as established by the 1
City Council Ordinance. I i
(1) 1.9 Any public improvements damaged by- the applicant adjacent to this
project shalt be repaired and/or replaced.by the applicant as determined
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by the Public Works.Department and shall include but not be limited to A
curb, gutter, street paving, and drive apron.
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(1) 1.10 The frequencies used by the wireless facility shall not interfere with the • t
Public Safety 800 MHz Countywide Coordinated Communications System f I
(CCCS). s
(1) 1.11 Operation of the wireless facility shall be in compliance with the
proposed methods of operation as proposed by the applicant and noted
on the plans:
a. The applicant shall provide a 24-hour phone number to which
interference problems may be reported. To ensure continuity on all
telephone number, fax number, and e-
mail
issues the name, p )
mail address of a "single point of contact" in Its Engineering and t {
Maintenance Departments shall be provided to the City's designated
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January 9, 2015
Design Review 2014-010 I
Exhibit A
Page 5 (
representative upon activation of the facility. This condition will also
apply to all existing facilities (Verizon Wireless) in the City of Tustin,
The applicant shall file the accessory equipment identification i
number, company name, person responsible for maintenance of the t
accessory equipment, and the phone number with the Public Works i
Department. 1
b. The applicant shall ensure that licensee or other users shall comply i
with the terms and conditions of Design Review 2014-016 and shall
be responsible for the failure of any licensee or other users under the
control of the applicant to comply.
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c. Radio frequency emissions shall not exceed the radio frequency e
emission guidelines of the Federal Communications Commission
(FCC), as such guidelines may be amended from time to time. The
applicant shall provide to the Community Development Department a
pre and post-installation test showing compliance with the guidelines
established by the FCC.
• USE RESTRICTIONS .
*** 2.1 The facility shall be limited to six (6) new antennas mounted on two (2) "
80' field light standards, one (1) microwave dish, six (6) RRU units, and c
the installation of an underground equipment vault. All antennas shall be -
• located as depicted in the approved plans and associated ground mounted
equipment shall be located underground within equipment vault.
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(1) 2.2 The applicant shall be responsible for obtaining any required approvals or 3
clearances from the applicable easement holders for work In any I
easement areas. 1
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*** 2.3 The light poles and all related facilities shall be regularly maintained and °
inspected for safety and aesthetics by the applicant in accordance with the
approved plans.
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(1) 2A The equipment shall not bear any signs or advertising devices (other than t
certification, warning, or other required seals or signage),
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(1) 2.5 Utilities associated with the proposed facility such as but not limited to
telecommunication and power supplies, shall be located underground.
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(1) 2.6 At building plan check, the applicant shall submit a plan identifying
hardscape, landscape, and other improvements that will be removed
under the proposed plan. Any removal or damage done to existingi.
landscape, irrigation, pedestrian walkways, parking, and/or utilities
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January 9, 2015 i '
Design Review 2014-016 . )
Exhibit A
Page 6 '
necessary to install the equipment shall be replaced and/or repaired to t
the satisfaction of the Directors of Parks and Recreation, Community t
Development, and the City Engineer. t
(1) 2,7 Prior to issuance of building permits, the applicant shall obtain a license
agreement with the City. The project plans shall make reference to the
license agreement. 1 t
*** 2,8 The plans shall identify the access route to service the facility. I
(1) 2.9 The applicant shall evaluate all requests for co-location on the facility by1 ll
additional carrier(s) and make a good-faith determination of each such s
requesting carrier's compatibility with the applicant at this location. If, in t
the good-faith determination of the applicant, the co-location is t
technically compatible, then the applicant shall accommodate such ',
additional carrier if applicable business terms can be successfully t
negotiated. All requests for co-location shall he reviewed and approved t '_
by the City and require a separate license agreement. 3
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(1) 2.10 Aboveground accessory equipment shall be constructed or treated with 1 I
appropriate materials which discourage or repel graffiti and the applicant t
shall be responsible for removing graffiti from accessory equipment 1 't'
within forty-eight (48) hours. The applicant shall be responsible for costs f
associated with any necessary enforcement action related to graffiti t
removal, 1
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(1) 2.11 The aboveground accessory equipment shall be constructed of a 0
material that will be rust resistant (i.e, stainless steel, etc.). The utility i
provider shall be responsible for treating any rust by either repainting or 3
• any other method recommended by the manufacturer that eliminates the 1
rust. a
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(1) 2.12 Prior to building permit issuance, the applicant shall post a bond with the fi
City to ensure that facility is built to the specifications and design as I
represented in the approved Design Review and building plans. Final
design and materials are subject to review and approval by the City 1
(1) 2,13 The proposed antenna panels shall be painted to match the light poles. i
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*** 2.14 The Licensee shall give twenty four (24) hours notice to the City prior to i
commencing any routine maintenance or any other activity or work that
would interfere with the use of the park or scheduled City activities or j
programs; provided that no advanced notice shall be required in the
event of an emergency, in which case Licensee shall give City notice of ,
its access to the Premises as soon as is reasonably practical thereafter. F
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January 9,2015 1
Design Review 2014-016
Exhibit A 1
Page 7 I
Routine maintenance and work hours that result in interference with the t
use of the park or scheduled City activities or programs shall be subject 1
to review and approval by the City, which approval shall not be I
unreasonably denied, delayed or conditioned. The Licensee shall not I
• interfere with City scheduled activities within Tustin Sports Park, except I
in the event of an emergency as defined in the license agreement. j
NOISE I
(5) 3.1 All construction operations including engine warm-up, delivery, and
loading/unloading of equipment and materials shall be subject to the I
provisions of the City of Tustin Noise Ordinance, as amended, and may
take place only during the hours of 7:00 AM until 6:00 PM, Monday through €
. Friday and 9:00 AM until 5:00 PM on Saturday unless the Building Official
determines that said activity will be in substantial conformance with the q
Noise Ordinance and the public health and safety will not be impaired s i
subject to application being made at the time the permit for the work is I
awarded or during the progress of the work. i
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(7) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's
Noise Standards. i
BUILDING DIVISION ? €
(1) 4.1 At the time of building permit application, the plans shall comply with the
latest edition of the codes, City Ordinances, State, Federal laws, and
regulations as adopted by the City Council of the City of Tustin.
4.2 At plan check, detailed information on hatch to vault shall be provided. I
Hatch shall be flush to the ground to avoid trip hazard.
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PUBLIC WORKS DEPARTMENT
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(1) 5.1 Construction and Demolition Waste Recycling and Reduction Plan I
(WRRP). I
a. The applicant/contractor is required to submit a WRRP to the Public I
Works Department. The WRRP must indicate how the applicant will 0
comply with the City's requirement (City Code Section 4351, et al) to
recycle at least fifty (50) percent of the project waste material.
b. The applicant will be required to submit a $50.00 application fee and i
a cash security deposit. Based on the review of the submitted Waste
Management Plan, the cash security deposit will be determined by
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January 9, 2015 t 1
Design Review 2014-018
Exhibit A
Page 8
the Public Works Department in an amount not to exceed five (5) i
percent of the project's valuation.
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c. Prior to issuance of any permit, the applicant shall submit the • t
required security deposit in the form of cash, cashier's check, I I
personal check, or money order made payable to the"City of Tustin".
(1) , 5.2 Prior to any work in the public right-of-way (within Tustin Sports Park and I I
within any public streets), an Encroachment Permit shall be obtained
from and applicable fees paid to the Public Works Department. .
• (1) 5,3 Prior to issuance of an Encroachment Permit for construction within the ! (
public right-of-way, a 24" x 36" construction area traffic control plan, as
prepared by a California Registered Traffic Engineer, or Civil Engineer
experienced in this type of plan preparation, shall be prepared and
submitted to the Public Works Department for approval. @
ORANGE COUNTY FIRE AUTHORITY(OCFA). • I
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(1) 6.1 Prior to the Issuance of a building permit, the applicant shall submit to
the Fire Chief a plan for review and approval of the proposed battery, 1.
"for any system containing an aggregate quantity of electrolyte with ; r
hazard classification(s) in excess of the permit issuance threshold i
amount listed in CFC Appendix Chapter 1, Section 105." The applicant r v
may contact the OCFA at(714) 573-6100, t
FEES a 1
(1)(5) 7.1 Prior to issuance of building permits, payment shall be made of all
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applicable fees, including but not limited to, the following: i i
a. Building and Planning Plan Check and Permit Fees 4
b. Encroachment Permit Fees r h
• c. Orange County Fire Authority Fees r�
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co 7.2 Within forty-eight (48) hours of approval of the subject project, the j r
applicant shall deliver to the Community Development Department, a i
CASHIER'S CHECK payable to the COUNTY CLERK in the amount of
fifty dollars ($50.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight t
(48) hour period the applicant has not delivered to the Community
Development Department the above-noted check, the statute of t
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limitations for any interested party to challenge the environmental , • 5
determination under the provisions of the California Environmental I
Quality Act could be significantly lengthened. I
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AGREEMENT TO CONDITIONS IMPOSED
I, the undersigned, hereby agree to comply with all conditions imposed by the Community
Development Department of the City of Tustin on approval of Design Review 2014-016
with conditions as stated in Exhibit A attached to the letter dated January 9, 2015
Sign tura Applicant)
Print Name (Applicant),Verizon Wireless LLC gg
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NOTARY ACKNOWLEDGMENT •
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness,accuracy,or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On FE13Q.UR2t24)-'�rxi5 before me, 6USAI`111,-3l0.R.UG1O , Notary
Public, personally appealed Harold Navarre who proved to me on the basis of satisfactory
. evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. 5l1sANA 9ARRUEro
dw..$ ti..Commission #2019519
a `;M:I;
Notary Public-Calllornla i
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My Comm.Expires A r 13,2017
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�Sig:ature of Moiety'u.lic ! R
PlaceNotary Seal Above
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RECORDING REQUESTED BY i €
AND WHEN RECORDED MAIL TO: €
Director of Community Development t i
300 Centennial Way
Tustin, CA 92780-3767 • j
Space Above This Line For Recorder's Use Only
AGREEMENT WITH CONDITIONS OF APPROVAL
DISCRETIONARY PERMIT APPROVAL il €
1. Project Name: Wireless Communication Facility i
2. Name of Applicant(s): Verizon Wireless 1
3. File Number: DR 2014-016
4. Resolution Number: N/A 1
5. Assessors Parcel Number(s) of Property: 501-112-05 I
6. Street Address of Property: 12850 Robinson Drive I
Tustin Sports Park I
7. Legal Description of Property; Exhibit"A" j
8. Type of Discretionary Permit: Design Review
9. Property Owner: City of Tustin
Notice is hereby given that a discretionary permit was approved by the City of Tustin for
the Project at the Property, as described above. The discretionary permit was approved
subject to certain specified conditions of approval which apply to the Property and to the t
use of the Property, The Applicant agrees to these conditions of approval and
acknowledges that these conditions of approval run with the land and constitute express t
limitations and restrictions on the use of the Property. These conditions of approval are s
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binding on all persons who own or occupy the Property, A copy of the discretionary t
permit and the conditions of approval are on file in the Office of the Director of j
Community Development of the City of Tustin.
APPLICANT(S) SIG ATURES:
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Date: i
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Date: i '
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Notes: Legal Description of Property must be attached as Exhibit "A"
Signatures of Applicant(s) must be acknowledged before a notary public. fi
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Attachment 5
License Payment Direction Form
LICENSE PAYMENT DEPOSIT DIRECTIONS
Licensee shall make monthly License Payments to the following address:
If by Direct Deposit
Bank: Bank of the West
300 South Grand Ave, Suite 700
Los Angeles, CA 90071
Account Name PSRS ATS Communications-Municipal Lockbox Account
Account Number: 751014325
ABA: 122242843
Tax I.D. # 42-1543928
Bank Contact Name Mary F.Nauert tmtauertRpsrs.com
Bank Phone# 858-522-1420
Bank FAX# 858-514-2105
Vendor Account ID Number:
If by U.S. Mail-PLEASE have the remittances sent to the following address:
Pacific Southwest Realty Services
Attn: Mary F. Nauert
8840 Complex Drive, Suite 101
San Diego, CA 92123
Tustin Sports Park
63873887_3