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HomeMy WebLinkAboutCD 2020-0013; WESELOH CHEVROLET WCF EXTENSION PMBS ENCINITAS SITE SD 185-06; Consistency Determination (CD)PLG 1 ·.1--> CITY OF CARLSBAD APPLICATION FORM FOR.CONSISTENCY DETERMINATION APPLICATION PROJECT NAME: T.:Mobile SD06185A Assessor's Parcel Number(s) and Address: 211-060-10-00 5335 Paseo Del Norte, Carlsbad, CA 92008 Description of proposal (add attachment if necessary): Cell site upgrade. Increasing from (6) antennas to (9) antennas. Relocating existing antennas. Concealment method changing from FRP tubes to antenna screens in the corners of the building. Yes D ~ Would you like to orally present your proposal to your assigned staff planner/engineer? D ~ Please list the staff members you have previously spoken to regarding this project. If none, please so state. Sarah Cluff OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: AP Wireless Inv. I, LLC 9276 Scranton Road, Suite 600 San Diego, CA 92121 858-228-4205 KHoward@APWIP.COM *Owner's signature indicates permission to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE 7/23/2020 DATE APPLICANT NAME (Print): T-Mobile -----------MA I LING ADDRESS: 10509 Vista Sorrento Pkwy Suite 206 CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: 858-344-6112 EMAIL ADDRESS: Joseph.Rose41@T-Mobile.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 7/8/20 Sl~ATUR DATE APPLICANT'S REPRESENTATIVE (Print): _C_h_ri_s_V_u_o_n __ g _____________________ _ MAILING ADDRESS: 17169 Botero Drive CITY, STATE, ZIP: San Diego, CA 92127 TELEPHONE: 858-205-4150 --a-:;;.,;;;-=-:_,,__.......,....__ ________________________ _ EMAIL ADDRESS: cvuong@j5ip.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. C/4,-,:r 1/4.olf/ 01-01-2020 SIGNATURE DATE RECEIVED BY: RECEIVED AUG O 5 20 CITY OF CARLSBAD PLANN~(i; DIVISION Page 2 of2 C 07-0"lO - Revised 02/28/18 '"'- Street Address • City& State Zip RECORDING REQUESTED BY -~ AND WHEN RECORDE.D MAIL TO: Fidelity National Title Group Attention:· ·i:J. l!.a.,Vt:1.Y" 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 I DOC # 2014-04 77537 • 11111111111111 111111111111111 1111111111 lllll 111111111111111 ~111111 NOV 03, 2014 4:20 PM ; OFFICIAL RECORDS i SAN DIEGO COUNTY RECORDER'S OFFICE : Emest J. Dronenburg, Jr., COUNTY RECORDER i FEES: 291.50 WAYS: 2 i oc oc ! PAGES: 14 111 fflll llffl Dll 11111111111111 um llffl 11111111111111111:111 ! : ~tie Order No. ,q4f>'\~l \I Escrow No. Assessors Parcel Number: !, ~ 1,-(J.d)--l()i:() TRA: SPACE ABOVE THIS LINE FOR RECORDER'S USE ~oofcop tasav\mt o.vtd At,~,9nt'YU\t Asv.wwe • TITLE OF DOCillv.IENT SIGNING AUTHORITY DOCUMENT Please refer to sections 2,3,6 and 14 ~TRANSFERTAX ·$_Ci. LCOMPUTED ON FULL VALUE OFPROPERTVCONVE'IED,OR _COMPUTED ON FULL VALUE LESS UENS REMAINING AT ~OFSALE \')Lv\Uil..,cw,Br;- =~l:xl.J-JJNINCORPORATED . RECORDING ORDER 02 3 4 5· THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 ADDITIONAL RECORDING FEE APPLIES) ROOFI'OP EASEMENT AND ASSIGNMENT AGREEMENT THIS EASEMENT AND ASSIGNMENT AGREEMENT ("Agreement") is made as of the _!_! day of ~t-f-,-"'°1-,.. , 2014 ("Effective Date"), by and between Weseloh Carlsbad LLC, a California limited liability company, also known of record as Weseloh Carlsbad, LLC, a California limited liability company, whose address is 4065 Oceanside Blvd. Suite S, Oceanside, CA 92056 (collectively, "Site Owner") and AP Wireless Investments I, LLC, a Delaware limited liability company ("APWII"). All references hereafter to "APWII" and "Site Owner" shall include their respective heirs, successors, personal representatives, lessees, licensees and assigns (APWII and Site Owner, collectively, "Parties"). RECITALS WHEREAS, Site Owner is the owner of that certain building and real property ("Property'') located in the City of Carlsbad, and County of San Diego, in the State of California having a street address of 5335 Paseo Del Norte, Carlsbad, CA 92008 and which Property is more particularly described on Exhibit A attached hereto. NOW, fflEREFORE, for and in consideration of the sum of Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which Site Owner does hereby acknowledge and grant APWII full discharge and acquittance therefor, Site Owner agrees to the following: 1. Grant of Easement, (a) Site Owner grants, bargains, sells, transfers and conveys to APWII: (1) an exclusive easement in, to, under and over the portion of the Property substantially as shown and described on Exhibit B-1 ("Comniunication Easement") for the transmission and reception of any and all wireless communication signals and the construction, maintenance, repair, replacement, improvement, operation and removal of towers, antennas, buildings, fences, gates and related facilities (collectively, "Facilities") and any related activities and uses including those necessacy for APWII to comply with its obligations under the agreements listed on Exhibit C ("Existing Agreements") together with the right in favor of APWII and its customers (as defined herein below) to enter the Property and access the easements described below at any time, without notice to the Site Owner, twenty-four (24) hours ·a day, seven (7) days a week, as may be required in connection with the foregoing activities and uses, and (2) a non-exclusive easement in, to, under and over portions of the Property substantially as shown and described on Exhibit B-2 ("Access and Utility Easements;" Communication EaseID;ent and Access and Utility Easements, collectively "Easements") for ingress and egress to and from the Communication Easement and a publicly dedicated roadway, and for the installation, repair, replacement, improvement, maintenance and removal of utilities providing service to the Communication Easement and the Facilities, and any related activities and uses; and l RECEIVED OCT 15 ZGt4 (3) a non-exclusive easement in, to, and under and over portions of the Property for ingress and egress to building risers, conduits, shafts, raceways or other designated space to connect the telecommunications equipment to other locations in the building as is necessary to install wiring, electronic equipment and other personal property to support and maintain the Facilities. (b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of the Property leased by Site Owner under the Existing Agreements, and (ii) the portion of the Property upon which any Facilities are located on the Effective Date. 2. Assignment of Existing Agreements. Site Owner transfers and assigns to APWII, as of the Effective Date, all of its beneficial rights, title and interest in, to and under the Existing Agreements, including without limitation, all rents and other monies due the Site Owner specified therein. The Parties intend that this Agreement serve as an absolute assignment and transfer to APWII of all rents and other monies due the Site Owner pursuant to the Existing Agreements. Site Owner covenants and agrees that Site Owner remains the fee owner of the Property and Site Owner is not assigning and shall continue to comply with all obligations of the lessor under the Existing Agreements. Notwithstanding the foregoing, to the extent that any of the Existing Agreements require any assignee of the Site Owner's rights to assume all obligations of Site Owner under the Existing Agreements, then (i) Site Owner also transfers and assigns to APWII, as of the Effective Date, any and all of its obligations in, to and under the Existing Agreements, (ii) APWII assumes, recognizes and is responsible for all such obligations, and (iii) Site Owner shall cooperate with APWII to facilitate APWil's fulfillment of all such obligations, and Site Owner shall indemnify, defend and hold harmless APWII for any performance of APWII of such obligations that reasonably relate to the Property outside of the Easement. 3. Use of Easements. APWII shall have the unrestricted right to lease, license, transfer or assign, in whole or in part, or permit the use of the Easements and/ or its rights under this Agreement, by any third parties including communication service providers or tower owners or operators, and any lessee or licensee under the Existing Agreements and the affiliates, agents, contractors, invitees and employees of APWII and/or APWII's present or future lessees or licensees (collectively, "CUstomers"). 4. Tum, This Agreement and the Easements shall be for a term of fifty (50) years commencing on the Effective Date. 5, Tennination. In the event APWII and Customers voluntarily cease to use the Easements (as defined in Section 1) for a period of more than five years (for reasons other than casualty, condemnation or Act of God), the Easements shall be deemed abandoned. APWII may abandon the Easements for any reason or at any time by giving thirty (30) days notice to Site Owner. Unless otherwise provided in this paragraph, other limited use of the Easements by APWII or Customers shall not be deemed a surrender or abandonment of the Easements nor prevent APWII from benefiting from the full use and enjoyment of the Easements. This Agreement may not be terminated by Site Owner. Upon abandonment, this Agreement shall be terminated, and APWII and Site Owner shall execute and record such documents reasonably required to terminate the Easements. 6. Improvements; Utilities. APWII and its Customers, may, at their discretion and expense, construct such improvements in, to, under and over the Easements, consistent with the uses specified in Section 1, all of which shall be deemed part of the Facilities. The Facilities shall remain the Property of APWII and its Customers, as applicable, and Site Owner shall possess no right, title or interest therein. In the event that utilities necessary to serve the Facilities cannot be installed within the Easements, Site Owner agrees 2 to cooperate with APWII and to act reasonably and in good faith in granting APWII the right to locate such utilities on the Property without requiring the payment of additional fees. If necessary, Site Owner shall, upon APWil's request, execute and record a separate written easement with APWII or with the utility company providing the utility service to reflect such right. Site Owner agrees to cooperate with APWII in obtaining, at APWil's expense, all licenses and permits required for APWll's use of the Easements and Site Owner hereby irrevocably constitutes and appoints APWII as its true and lawful attorney-in-fact, with full power of substitution and resubstitution, to apply for and obtain any and all licenses, permits, consents or approvals which may be required in connection with the use of the Easements by APWII, in the name of Site Owner or APWII, as necessary to comply with applicable laws, statutes or regulations. 7. ~-Site Owner acknowledges that a portion of the purchase price delivered by APWII to Site Owner is for and in consideration of the continuing obligation of Site Owner to pay, on or before the due date, all present and future real property taxes, transfer taxes, penalties, interest, roll-back or additional taxes, sales and use taxes and all other fees and assessments (the "Taxes") attributable to the Property, this Agreement, and the Easements regardless of the party to whom such Taxes are billed. Within ten (10) days of receiving a request from APWII, Site Owner shall furnish to APWII a copy of each bill for any such Taxes and evidence of Site Owner's payment of such bill. In the event that Site Owner fails to pay any Taxes when due, APWII shall have the right, but not the obligation, to pay such Taxes on behalf of Site Owner. Site Owner shall reimburse APWII for the full amount of such Taxes paid by APWII on Site Owner's behalf within five (5) business days of Site Owner's receipt of an invoice from APWII. 8. Representations. Site Owner hereby represents and warrants to APWII, as of the date hereof, that: {a) It is the legal owner of indefeasible and marketable title to the Property with the right, power and authority to enter into this Agreement and to grant the Easements to APWII, and any consents and authorizations required in connection with the execution and delivery of this Agreement have been obtained; (b) The Existing Agreements, this Agreement and all other documents executed by Site Owner in connection therewith constitute the legal, valid and binding obligation of Site Owner, enforceable against Site Owner in accordance with their terms; (c) Site Owner has delivered to APWII true, correct and complete copies of the Existing Agreements; (d) Except for the Existing Agreements and as disclosed on Exln"bit D, no leases, mortgages, deeds of trust or other encumbrances affect the Property as of the Effective Date; (e) To the best of Site Owner's knowledge and belief, there are no uncured defaults on the part of any party to the Existing Agreements and there is no circumstance, event, condition or state of facts which, by the passage of time or the giving of notice or both, could constitute or result in such a default; (f) Site Owner shall neither use nor permit its affiliates, licensees, invitees or agents to use any portion of the Property or any other property owned or controlled by Site Owner, either directly, indirectly or by action or inaction, in a manner which in any way could result in default of the Existing Agreements or otherwise interfere with the operations of APWII and/or any Customers; 3 (g) To the best of Site Owner's knowledge and belief, a tenant or any other party has no existing defenses, offsets, credits, charges, liens or claims under the Existing Agreements or otherwise against the Site Owner or any other party in connection with the Property; (h) No party has any option or preferential right to purchase the Property or Facilities or terminate any of the Existing Agreements; (i) The execution, delivery and performance by Site Owner of the Existing Agreements, this Agreement and such other documents does not and will not violate or conflict with any provision of Site Owner's organizational documents (if Site Owner is an organization) or of any agreement to which Site Owner is a party or by which Site Owner is bound and will not violate or conflict with any law, rule, regulation, judgment, order or decree to which Site Owner is subject; G) Any permits, licenses, consents, approvals and other authorizations which are required to be obtained in connection with Site Owner's execution, delivery or performance of the Existing Agreements, this Agreement and such other documents have been obtained and are and will remain in full force and effect; (k) There is no pending or threatened action, suit or proceeding that, if determined against Site Owner, would adversely affect Site Owner's ability to enter into the Existing Agreements, this Agreement or such other documents or to perform its obligations hereunder or thereunder; 0) Site Owner shall comply with all obligations of the lessor under the Existing Agreements which relate to the use, ownership and operation of the building located at the Property; (m) Site Owner will comply with all governmental laws, rules and regulations applicable to the Property; and (n) No party under the Existing Agreements has advised of any intention to exercise, nor have they exercised, any right of early termination set forth in its Existing Agreements, and further, no party has requested a reduction in the rental amount or escalator due under the Existing Agreements. 9. Environmental Covenants and Indemni1y. Site Owner represents that it has not permitted or engaged in the use of, and has no knowledge of, any substance, chemical or waste (collectively "Substance") located on, under or about the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Neither Site Owner nor APWII will introduce or use any such Substance on, under or about the Property in violation of any applicable law or regulation. No underground storage tanks for petroleum or any other Substance, or underground piping or conduits, are or have previously been located on the Property, and no asbestos-containing insulation or products containing PCB or other Substances have been placed anywhere on the Property by Site Owner or, to Site Owner's knowledge, by any prior owner or user of the Property. Site Owner and APWII shall each defend, indemnify, protect and hold the other party harmless from and against all claims, costs, fines, judgments and liabilities, including attorney's fees and costs, arising out of or in connection with the presence, storage, use or disposal of any Substance on, under or about the Property caused by the acts, omissions or negligence of the indemnifying party and their respective agents, contractors and employees. The foregoing indemnity shall survive any termination of this Agreement. 10. General Indemnity. In addition to the Environmental Indemnity set forth above, Site Owner and APWII shall each indemnify, defend and hold the other harmless against any and all costs (including ... reasonable attorney's fees) and claims of liability or loss arising (i) due to the breach of any representation, warranty or covenant of such indemnifying party set forth herein; and (ii) out of the use and/or occupancy of the Property and Easements by the indemnifying party. This indemnity shall not ,', 4 apply to any claims to the extent arising from the gross negligence or intentional misconduct. of the indemnified party. Notwithstanding the foregoing, or any provision to the contrary set forth herein, APWII shall have no liability or obligation whatsoever to maintain or repair the areas upon which the Easements are located 11. Site Owner's Ongoing Obligations. Site Owner shall continue to pay, fulfill or perform fully, faithfully and timely, each and every condition, covenant, obligation and duty required of Site Owner under the Existing Agreements or by Law, other than those assigned herein. Without limiting the generality of the foregoing, Site Owner shall: (a) not suffer or allow any breach, default or event of default by Site Owner to occur under the Existing Agreements; (b) not take any action, or fail to take action, for the purpose of, or with the effect of, terminating the Existing Agreements or inducing or causing a tenant to exercise, or not to exercise, a right to renew or extend the Existing Agreements; (c) not perform or discharge any obligation or liability of Site Owner under the Existing Agreements in a manner that would: (i) hinder, delay or otherwise adversely affect APWil's receipt and collection of rent or the exercise by APWII of any of its other rights or remedies under the Existing Agreements; or (ii} give rise to any offset or deduction by a tenant, or the withholding by a tenant of rent for any cause or reason whatsoever, or the assertion of any such right by a tenant; (d) keep and ensure that the Property remain in compliance with all applicable federal, state, municipal and local laws, rules, regulations and permits (collectively, "Law(s)"}; (e) n.ot terminate or accept a surrender or termination of any of the Existing Agreements; (t) at Site Owner's sole cost and expense, appear in and defend any action growing out of or in any manner connected with the Existing Agreements or the obligations or liabilities of the Site Owner thereunder; (g) not transfer, pledge, convey, hypothecate, create a security interest or lien upon the Property or the Existing Agreements which in any way is superior to or that jeopardizes in any manner or respect APWil's assignment or interest conveyed under this Agreement; (h) operate and maintain the Property and any improvements thereon only in good order and repair in the ordinary course of business and refrain from entering into any agreements, contracts, services or other activities that would conflict with, frustrate or fail to comply with the terms and conditions of the Existing Agreements, this Agreement or any assignments or agreements entered into between the Site Owner and APWII; (i) comply with all obligations, duties and liabilities as Site Owner under the Existing Agreements, and satisfy all such obligations in good faith and with due chligence; 0) promptly forward to APWII any written notice or communication by, to or from Site Owner and any tenant, government authority, taxing authority, service provider, lender, mortgagee or otherwise which may affect the Existing Agreements or any existing or future leas~ or other agreement at or upon the Property or which notice may affect or relate to the Property or the operation or function thereof in any manner or respect; and 5 (k) name APWII, its stockholders, members, partners, affiliates or lenders as additional named insureds under any and all property, casualty and liability insurance policies relating to the Property or improvements or the leases or easements thereon. Without the express prior written consent of APWII, Site Owner shall not, and shall have no authority to, amend, modify, extend or renew the Existing Agreements, or waive any default thereunder, or declare or assert the extension, renewal, termination or expiration thereof. Notwithstanding any term or provision to the contrary provided elsewhere herein, at any tbµe, and from time to time, Site Owner shall, if APWII is not permitted to do so directly by local law, as and when requested by APWII, at APWil's sole cost and expense, use commercially reasonable efforts to cause a tenant to fulfill or perform any condition, covenant and obligation of the Existing Agreements to be fulfilled or performed by a tenant, including, specifically, the payment of rent directly to (or otherwise at the direction of) APWII. If Site Owner has failed, after reasonable notice and opportunity to perform any covenant, obligation or duty which Site Owner is bound to perform under the Existing Agreements or any other agreement or the Law relating to the Existing Agreements, then APWII may, but without any obligation to do so, from time to time and at any time, without releasing the Site Owner from any obligation herein or under the Existing Agreements, perform such covenant, obligation or duty, and Site Owner within thirty (30) days of receipt of an invoice therefor shall reimburse APWII all reasonable costs and expenses incurred by APWII in connection therewith, including attorneys' fees. 12. Assignment; Secured Parties. APWII has the unrestricted right to assign, mortgage or grant a security interest in all of APWil's interest in and to this Agreement and the Easements, and may assign this Agreement and the Easements to any such assignees, mortgagees or holders of security interests, including their successors and assigns ("Secured Party' or, collectively, "Secured Parties"). Site Owner agrees to notify APWII and Secured Parties simultaneously of any default by APWII and give Secured Parties the same right to cure any default. If a termination, disaffirmation or rejection of this Agreement by APWII shall occur, pursuant to any laws (including any bankruptcy or insolvency laws), or if Site Owner shall terminate this Agreement for any reason, Site Owner will notify Secured Parties promptly and Site Owner shall enter into a new easement agreement with any such Secured Party upon the same terms of this Agreement, without requiring the payment of any additional fees. If any Secured Party shall succeed to APWII's interest under this Agreement, such Secured Party shall have no liability for any defaults of APWII accruing prior to the date that such Secured Party succeeds to such interest. Site Owner will enter into modifications of this Agreement reasonably requested by any Secured Party. Site Owner hereby waives any and all lien rights it may have, statutory or otherwise, in and to the Easements and/ or the Facilities or any portion thereof. 13. EstoDpel Certificate. Each party shall, within ten (10) days after request by the other party, execute and deliver to the requesting party, or the party designated by requesting party, a statement certifying (i) that this Agreement is unmodified and in full force and effect (or, if there have been modifications, stating the modifications and that the modified Agreement is in full force and effect); (ii) whether or not, to the best knowledge of the responding party, the requesting party is in default in performance of any of its obligations under this Agreement, and, if so, specifying each such default; (iii) that there are no amounts due to Site Owner by APWII; and (iv) any other information reasonably requested concerning this Agreement. 6 14. Additional Customers. It is the intent of the Parties to encourage the addition to the Property of Customers throughout and after the term hereof. Site Owner hereby irrevocably constitutes and appoints APWII as its true and lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses and/or other agreements of use with customers and all rights and remedies of Site Owner under the Existing Agreements. Site Owner ratifies and acknowledges the right of APWII to enter into such agreements, and the Property and Site Owner will be bound by. such agreements throughout and after the termination of this Agreement for any reason. Site Owner acknowledges that all such agreements entered into by APWII shall survive the termination of this Agreement for any reason. Site Owner agrees that it shall not, directly or indirectly, divert or solicit the business of any of APWII's customers on behalf of itself or on behalf of any third party, Site Owner shall, prior to granting or transferring any license, lease or real property interest in all or any part of the Property for the purpose of locating communications towers, antennas or equipment thereon, notify APWII of the price and terms offered by or to a third party with a copy of the offer by or to the third party. APWII shall have the right of first refusal to acquire the license, lease or real property interest being transferred by Site Owner on the same terms and conditions (or cash equivalent terms, if a property exchange is proposed). APWII shall give Site Owner notice of its intention to acquire the same within twenty (20) days of receipt of Site Owner's notice. If APWII gives no such notice of its intention to acquire the rights, Site Owner may transfer the rights to the third party on the stated terms and price, as long as such grant or transfer is made subject to the terms of this Agreement. Upon the grant or transfer of the Property, or any portion thereof, to a third party, Site Owner shall immediately notify APWII in writing of such grant or transfer, with the name and address of the purchaser. The right of first refusal granted herein is a continuing right in favor of APWII over the entire Property, and shall not be extinguished by APWil's exercise or non-exercise of such right on one or more occasions. 15. Casualty and Condemnation. If, prior to the expiration of this Agreement, all or any material portion of the Property is damaged or destroyed by fire or other casualty, or taken by governmental authority, APWII may, in its sole discretion, terminate this Agreement (with notice provided herein). If APWII does not elect to exercise its option to terminate this Agreement as aforesaid, this Agreement shall remain in full force and effect. In the event of any condemnation of the Easements in whole or in part, APWII shall be entitled to file claims against the condemning authority for, and to receive the value of the portion of the Property so taken on which the Easements are located, business dislocation expenses and any other award or compensation to which APWII may be legally entitled. Site Owner hereby assigns to APWII any such claims and agrees that any claims made by Site Owner will not reduce the claims made by APWII. APWII shall be entitled to receive any insurance proceeds or condemnation award attributable to APWll's personal property and its interest in this Agreement throughout the term of this Agreement. Site Owner shall not settle or compromise any insurance claim or condemnation award relating to the Easement without APWll's prior written approval, which shall not be unreasonably withheld. 16. Covenant Running with the Land. The provisions of and covenants contained in this Agreement shall run with the land and shall bind and inure to the benefit of the Parties and their respective successors, heirs and assigns. 7 . \ 17. Dispute ResoJution. (a) If APWII fails to perform any of its obligations under this Agreement, Site Owner agrees to notify APWII and any Secured Parties in writing of any default by APWII, and to give APWII and/or any Secured Parties the right to cure any default within a period of not less than sixty (60} days from APWil's receipt of the written default notice. If APWII or any Secured Parties shall fail to cure any default in accordance with this Section, Site Owner agrees that its sole remedy for such default shall be to utilize the process set forth herein, and that any and all damages for which Site Owner may be compensated is limited to the actual damages of Site Owner, and shall in no event exceed the amount of consideration paid by APWII for this Agreement. In the event that any dispute or claim arises that could impair the use or possession of the Facilities by APWII or its Customers, APWII shall have the right to seek injunctive relief, without the necessity of posting a bond. In no event will a Secured Party have any obligation to cure a default by APWII. (b) Except as set forth in Section 17(a}, in the event of any dispute arising out of this Agreement, the following dispute resolution process shall be followed: (1} upon a party's written notice of dispute to the other party, an authorized representative of the Site Owner and APWII shall, through a good faith negotiation, attempt to settle a written resolution within thirty (30) days and (2) if such negotiation attempts fail, the dispute shall be submitted by the parties to a mutually agreed upon arbitrator for a binding and final arbitration decision in accordance with the rules of the American Arbitration Association (" MA") and using the Federal Rules of Evidence and Civil Procedure. In the event the parties are unable to mutually agree to an arbitrator, each party shall select their own arbitrator, and each such arbitrator shall thereafter mutually agree on a third arbitrator, and the majority decision by all such arbitrators shall be final and binding on the parties. The prevailing party shall be entitled to recover all costs incurred in connection with the arbitration, including legal fees, and each party shall pay one-half of all arbitrator professional fees. 18. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given one (1} day after posting with a nationally recognized overnight courier service, or the earlier of receipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses of Site Owner and APWII set forth on the signature page. Either party may change its notice address by providing a new recipient name and address by notice as set forth in this paragraph. 19. CoQperation by Site Owner. From time to time hereafter, (a) Site Owner shall promptly furnish to APWII such information (including documents and records in Site Owner's possession, custody or control) regarding Site Owner's ownership of the Property or Facilities as APWII reasonably requests; (b} Site Owner shall provide access to the Property and Facilities (to the extent not prohibited by the Existing Agreements) for the purpose of APWil's inspection of the Property and Facilities and improvements thereon, and such other purposes as APWII reasonably deems appropriate; and (c) Site Owner shall promptly execute any confirmatory or related documents, easements, agreements or applications relating to the Property, Facilities, improvements or installations thereon to the extent that the same are necessary, required or advisable and/or requested by a tenant, any governmental authority or APWII, its stockholders, members, partners, affiliates or lenders. Site Owner shall deliver to APWII a copy of any written communication that Site Owner delivers to a tenant at the same time and in the same manner that such communication is delivered by Site Owner to a tenant. Site Owner shall promptly deliver to APWII a copy of any written communication that Site Owner receives from a tenant or any 8 other person relating to the Existing Agreements. Site Owner shall keep APWII reasonably informed of any other communications between Site Owner, on the one hand, and a tenant, on the other hand, and of any other notices or communications from any other entity, trust, association or individual (each, a "Person") that relates to the Existing Agreements or the Property. 20. Site Rent Assignment and Forwarding. Site Owner covenants, warrants and guarantees that any and all rent payment(s) received by Site Owner, after the date of execution of this Agreement that is/are associated with the Existing Agreements, shall be promptly endorsed, assigned and forwarded to APWII at the following address: AP Wireless Investments I, LLC, 9373 Towne Centre Drive, San Diego, CA 92121; Attn: Ryan McGee. In the event that Site Owner fails, for any reason whatsoever, to assign, endorse and forward the rental payments to APWII at the aforementioned address, within ten (10) days of Site Owner's receipt of the same ("Rent Receipt Date"), Site Owner shall pay late fees to APWII in the amount of ten percent (10%) of overdue balance per month which shall no event exceed the maximum legal rate for the jurisdiction in which the Property is located, beginning on the tenth (10th) day following the Rent Receipt Date. Such late fees shall be deemed a genuine pre-estimate of the foreseeable damages incurred by APWII due to delay and shall be APWII's sole recourse for late performance of endorsing, assigning and forwarding future rent payments by Site Owner under this Agreement. 21. Miscellaneous. (a) This Agreement and all Exhibits attached hereto constitute the entire agreement and understanding of Site Owner and APWII with respect to the subject matter of this Agreement, and supersedes all offers, negotiations and any other written or verbal agreements; (b) any amendments to this Agreement must be in writing and executed by both parties; (c) this Agreement is governed by the laws of the State in which the Property is located; (d) if any term of this Agreement is found to be void or invalid, such provision shall be fully severable herefrom and such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect, and this Agreement shall be reformed and construed as if such invalid provision had never been contained herein, and if possible, such provision shall be reformed to the maximum extent permitted under applicable law to render same valid, operative and enforceable to reflect the intent of the Parties as expressed herein; (e) upon the request of APWII, Site Owner shall execute a Memorandum of this Agreement, and such plats or surveys as deemed reasonably necessary by APWII for recordation in the public records of the County in which the Property is located; (f) APWII may elect to file in such place or places as APWII deems appropriate one or more financing and continuation statements under the Uniform Commercial Code naming Site Owner as debtor and the Existing Agreements, the rent and the proceeds thereof as collateral, and in the event that APWil's interest in such collateral is later determined to be an interest in personal property rather than real property, then Site Owner agrees that this Agreement shall constitute a pledge and security agreement with respect to such collateral and that APWII shall have a perfected security interest in such collateral; (g) the paragraph headings of this Agreement have been inserted for convenience of reference only, and shall in no way modify or restrict the terms of this Agreement; (h) Site Owner acknowledges that APWII has not provided any legal or tax advice to Site Owner in connection with the execution of this instrument; and (i) this Agreement may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. 22. Maintenance and Access. Site Owner agrees to be solely responsible for the maintenance of the Property, including without limitation its roof or any other portion of the building. Site Owner agrees to 9 provide APWII and its Customers access to and from the Easements and all other space in the building consistent with the grant of the Easements set forth in Section 1 above, twenty-four (24) hours a day, seven (7) days a week. 23. Agreement Fully Performed. Notwithstanding anything provided herein, in no event shall this Agreement be deemed an executory contract for purposes of the United States· Bankruptcy Code, as amended (the "Code"). This Agreement may not be rejected pursuant to Section 365 of the Code. For purposes herein, this Agreement shall be deemed to be fully performed by APWII as of the Effective Date. [SIGNATURE PAGES FOLLOW] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. STATE OF CALIFORNIA} COUN'IY OF SAi\) o, t-u 0 } SITE OWNER: Weseloh Carlsbad LLC, a Califomia limited liability company, also lmown of record as Weseloh Carlsbad, LLC, a Califomia limited liability comp"1' 1 _ _ 1 ~ I By: ff~~ t/ Print Name: Michael C. Weseloh Title: Member Address: 4065 Oceanside Blvd. Suite S Oceanside, CA 92056 Tel: (760) 519-5199 Fax: On o c,, 'V O e, i,6 } ~. 20 ~ y before me, Paul Rosenbaum, Notary Public J ( Name of Notary Public and Title) personally appeared Mi <-"\'A £L C, Wt.Sf VJ \..J who proved to me the basis of satisfactory evidence to be the person(() whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sjte/tbfy executed the same in his/htr/t.J;iir authorized capacity(ies), and that by his/b«-/th.(r 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. Signature:::€~.._ Paul Rosenbaum, Notary Public 11 (seal) ., IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. STATE OF CALIFORNIA} COUNIY OF SAN DIEGO} Address: Tel: Fax: 9373 Towne Centre Drive San Diego, CA 92121 (646) 912-8058 (203) 549-0930 On to-q, iK) I y before nre, s.m. tS£f/lkP&JP'7Jn./ l'uhlic..) ( Name ofN Public and "tie) personally appeared ERIC M. OVERMAN of San Diego, California/ AP Wireless Investments I, LLC, who proved to me 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 PENAL1Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (seal) 12 S.M, Commission # 201478 Not,ry Public • C1llfom11 ~··Mobile· SD061BSA WESEL□H CHEVROLET 5335 PASEO OEL NORTE C ARLSBAD CA 920 0B AEsims.com 877 SAE.alms ACCU"-'OY OP' -DT0 ·•MU ..... TIOIII ·••co Ul"'ON INl"'OIIM4TION -DYIOCO rt' .. IIOJIE:CT A~UCAHT. ~··Mobile· SD □61BSA WESEL□H CHEVROLET 5335 PASEO OEL NORTE CARLSBAD CA 9200B ,..a~a■ED ANTlltNNA ■c•11t11tN LOOKING WEST F'ROM P ASEO DEL NORTE AEslms.com 877.SAE slms ACDUIIIAGY a,. "'H0TD .,-..ul-ATIDN ■A■l:D U'"'ON ,N,.DtlM ... TID"' ~DVIDl:D SY .. lllOJl:C'T ... ~UC#t,.NT. ~··Mobile· SD □61BSA WESEL □H CHEVROLET 5335 PABEO OEL NORTE C ARLSBAD CA 9200B ,-110,-D■l:C) A.CC&■■ LADDE" PIICJ,-D■l:D ANTENNA ■0111:1:N■ AEslms com f/77 9AE.slms Radio Frequency -Electromagnetic Energy (RF-EME) Compliance Report (Anchor) T-Mobile Proposed Facility Site ID: SD06 I 85A Weseloh Chevrolet 5335 Paseo Del Norte, Carlsbad, California 92008 Status: July 17, 2020 EBI Project Number: 6220003127 The proposed site will be compliant with the installation of the mitigation measures described in Attachment I. Remarks; See signage plan for mitigation measures to be installed upon upgrade/installation of the site to comply with FCC and T-Mobile standards. TABLE OF CONTENTS 1.0 Executive Summary .............................................................................................................. 3 2.0 MPE Calculations .................................................................................................................. 4 3.0 T-Mobile Antenna Inventory ............................................................................................... 5 4.0 Summary and Conclusions .................................................................................................. 6 Attachment I: MPE Analysis and Recommended Signage (Main Roof Level) ......................... 7 Attachment I b: MPE Analysis and Recommended Signage (Ground Level) ........................... 8 Attachment 2: RoofMaster™ Import File ................................................................................... 10 Appendix A: Certifications ........................................................................................................ 11 Appendix B: Federal Communications Commission (FCC) Requirements ....................... 14 2 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 1.0 Executive Summary EnviroBusiness Inc. (dba EBI Consulting) has been contracted by T-Mobile to conduct radio frequency electromagn~tic (RF-EME) modeling for T-Mobile Site SD06I85A located at 5335 Paseo Del Norte in c;:arlsbad, C1tlifornia to determine RF~EME exposure levels from proposed T-Mobile wireless communications equipment at this site. As described in detail in Appendix B of this' report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in .relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF- EME fields. This report contains a detailed summary of the RF EME analysis for the site. This document addresses the compliance of T-Mobil~'s proposed transmitting facilities independendy at the site. ThE: Maximum Emissions Value is 2775.3400% of the FCC's general public limit (555.0680% of the FCC's occupational limit) at the main roof leveL The proposed site will .be conipliant with Federal regulations regarding (radio frequency) RF. Emi~sions with th~ installatic;>n of the mitigation.measures. At the nearest walking/working s~rfaces to the T-Mobile arit:enr\as on the main :roof level, the maximum power density generated by the T-Mobile antennas is appro,dmately 2)75.3400 percent of the FCC's general public' limit (555.0680 percent of the FCC's occupational limit). • • Based on worst-case ptedictive modeling, the worst-case emitted power density may exceed the FCC's general public limit within approximately 49 feet of T-Mobile's proposed antennas at the· main roof level. Modeling also indicates that the worst-case emitted power density may exceed the FCC's occupational limit wit~in approximately 23 feet of T-Mobile's proposed antennas 'at the main roof level. • Signag'e is recommenaed at the site as presented in Attachment I. Posting of the signage and installation of other markings brings the site into compliance with FCC rules and regulations. 3 EBI Consulting ♦ 21 B Street,♦ Burlington, MA 01803 .+ 1.800.786.2346 2.0 MPE Calculations Calculations were completed for the proposed T-Mobile Wireless antenna rooftop facility located at 5335 Paseo Del· Norte .in Carlsbad, California using the equipment information 'listed below. All calculations were performed per· the specifications under FCC Office of· Engineering & Technology (OET) Bulletin 65, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofreqliency Electromagnetic Fields" (OET-65). Because of the short wavelength of PCS services; the antennas require line-of-site paths for good propagation and are typically installed a -distance above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the· low power of PCS facilities, generally results in no possibility for exposure to approach. Maximum Permissible Exposure (MPE) levels, with the exception of areas' in the immediate vicin.ity of the antennas; In accordance with T-Mobile's RF Exposure policy, EBI performed theoretical modeling . using RoofMaster TM software to ~stimate the worst-case power density at the site rooftop-level resulting from operation of the antennas. Using the computational methods set forth in OET-65, RoofMaster™ calculates power density in a scalable grid based on the contributions o( all RF sources characterized 1in th_e study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manufacturer antenna pattern data is· utilized in these ~'!culation~. RoofMaster TM models consist of the Far Field model as specified ir:i OET-65 and ~n implement:3:tio,n of the OET-65 Cylindri~al Model (Sula9). The models utilize several operational specifications· for different types of antennas to produce a plot of spatially-averaged power densities that can. be expressed as a percentage -of the applicable ~posure limit. For this report, EBI utilized anten~a and_ power d,~ proyided by T-Mobile and c<:>mpared the resultant worst-case MPE levels to the FCC's occupational/controlled exposure limits outlined in OET Bulletin 65. EBI has pe~ormed . _theoretical worst-case mo~eling . using RoofMaster TM to estimate . the maximum potential power density from. ~ch proposed antenna. based. on. worst-case assumptions for the number of antennas and power. All radios at the proposed installation were considered to be running at full power and were uncombined in their RF transmission paths per carrier prescribed configuration. The assumptions used in the modeling are based upon information provided by T-Mobile in the supplied drawings and known configuration information gathered from other sources to approximate each additional carrier's contribution. There are no collocated carriers on the rooftop. The data for all T-Mobile antennas used in this analysis is shown in Section 3.0. Actual antenna gains for each antenna were used per manufacturer's specifications. All calculations were done with respect to uncontrolled and general public threshold limits. 4 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 Sector A A A A A A A A A B B B B B B B B B C C C C C C C C C 3.0 T-Mobile Antenna Inventory Centerline Antenna Height (ft) Power Per Number of Number Antenna Make Antenna Model AboveN_._ Azimuth (i Technology Frequency Band Channel (W) Channels Walklflll Surface I ERICSSON AIR 21 04DT 1900 5.0 340 GSM/UMTS PCS -1900 MHz 30 2 APXVAARRl8_43-U-NA20 04DT 2 RFS Lnn 5.0 340 LTE 600 MHz 30 I APXVAARRl8 43-U-NA20 04DT 2 RFS I.M 5.0 340 NR 600 MHz 80 I APXVAARRl8 43-U-NA20 04DT 2 RFS 700 5.0 340 LTE 700 MHz 30 I APXVAARRl8 43-U-NA20 04DT 2 RFS Tann 5.0 340 LTE PCS -1900 MHz 60 2 3 Ericsson SON AIR6449 841 FB L TE di Macro 5.0 340 LTE 2500 MHz 40 2 3 Ericsson SON AIR6449 841 FB NR dlMacro 5.0 340 NR 2500 MHz 40 2 4 ERICSSON AIR 32 04DT 1900 5.0 340 LTE PCS -1900 MHz 60 2 4 ERICSSON AIR 32 04DT 2100 5.0 340 LTE AWS -2100 MHz 60 2 I Ericsson SON AIR6449 841 FB LTE di Macro 5.0 105 LTE 2500 MHz 40 2 I Ericsson SON AIR6449 841FB NR dlMacro 5.0 105 NR 2500 MHz 40 2 APXVAARRl8 43-U-NA20 04DT 2 RFS <.nn 5.0 105 LTE 600 MHz 30 I APXVAARRl8_ 43-U-NA20 04DT 2 RFS LM 5.0 105 NR 600 MHz 80 I APXVAARRl8 43-U-NA20 04DT 2 RFS 7M 5.0 105 LTE 700 MHz 30 I APXVAARRl8 43-U-NA20 040T 2 RFS IQM 5.0 105 LTE PCS -1900 MHz 60 2 3 ERICSSON AIR 21 04DT 1900 5.0 105 GSM/UMTS PCS -1900 MHz 30 2 4 ERICSSON AIR 32 04DT 1900 5.0 105 LTE PCS -1900 MHz 60 2 4 ERICSSON AIR 32 04DT 2100 5.0 105 LTE AWS -2100 MHz 60 2 I ERICSSON AIR 21 04DT 1900 5.0 215 GSM/UMTS PCS -1900 MHz 30 2 2 Ericsson SON AIR6449 841 FB L TE dlMacro 5.0 215 LTE 2500 MHz 40 2 2 Ericsson SON AIR6449 841 FB NR di Macro 5.0 215 NR 2500 MHz 40 2 APXVAARRl8 43-U-NA20 04DT 3 RFS I.M 5.0 215 LTE 600 MHz 30 I APXVAARRl8 43-U-NA20 04DT 3 RFS <.M 5.0 215 NR 600 MHz 80 I APXVAARRl8 43-U-NA20 04DT 3 RFS 700 5.0 215 LTE 700 MHz 30 I APXVAARRl8 43-U-NA20 04DT 3 RFS l<lM 5.0 215 LTE PCS -1900 MHz 60 2 4 ERICSSON AIR 32 04DT 1900 5.0 215 LTE PCS -1900 MHz 60 2 4 ERICSSON AIR 32 04DT 2100 5.0 215 LTE AWS-2100 MHz 60 2 • This table contains an inventory of only T-Mobile Antennas and Power Values. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes as detailed in Section 2.0. 5 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 • 1.800.786.2346 ERP (W) 2255 433 1155 442 3070 2871 2871 4510 4307 2871 2871 433 1155 442 3070 2255 4510 4307 2255 2871 2871 433 1155 442 3070 4510 4307 4.0 Summary and Conclusions All calculations performed for this analysis yielded results that were above the allowable limits for exposure to RF Emissions. Based on predictive modeling, the worst-case emitted power density may exceed the FCC's general public limit within approximately 49 feet of T-Mobile's proposed antennas at the main roof level. Modeling also indicates that the worst-case emitted power density may exceed the FCC's occupational limit within approximately 23 feet of T-Mobile's proposed antennas at the main roof level. Installation of mitigation measures will bring the proposed site into compliance. There are no collocated carriers on the rooftop. The anticipated maximum contribution from each sector of the proposed T-Mobile facility is 2,775.3400% of the allowable FCC established general public limit (555.0680% of the FCC occupational limit). This was determined through calculations along a radial from each sector taking full power values into account as well as actual vertical plane antenna gain values per the manufacturer-supplied specifications for gain. Based on worst-case predictive modeling, there are no areas at ground level related to the proposed antennas that exceed the FCC's occupational or general public exposure limits at this site. At ground level, the maximum power density generated by the antennas is approximately 2.4900"/o of the FCC's general public limit (0.4980% of the FCC's occupational limit). A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. For this facility, the composite values calculated were above the allowable I 00% threshold standard per the federal government. EBl's modeling indicates that there are areas in front of the T-Mobile antennas at the rooftop level that exceed the FCC standards for general public and occupational exposure. Based on worst-case predictive modeling, the worst-case emitted power density may exceed the FCC's general public limit within approximately 49 feet of T-Mobile's Sector A, B, and C antennas at the main roof level. Modeling also indicates that the worst-case emitted power density may exceed the FCC's occupational limit within approximately 23 feet of T-Mobile's Sector A, B, and C antennas at the main roof level. In order to alert any workers potentially accessing the site, a blue Notice sign and a yellow Guidelines sign are recommended at the first point(s) of access to the rooftop. To reduce the risk of exposure and/or injury, EBI recommends that access to the rooftop or areas associated with the active antenna installation be restricted and secured where possible. Caution and/or Warning signage is recommended at the site as presented in the Signage Plan -Attachment I. When Warning signs are required, other markings such as painted striping, chains, stanchions, or fencing may also be used to identify the perimeter of each Safety Zone. 6 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 Attachment I: MPE Analysis and Recommended Signage (Main Roof Level) MAIN LEVEL•20.5 CJ Pubic Limits Sula S 10 fool grid •ize !Avg: 20.5 to 26.5 Feet) Carrier ColO! Code I• T-Mobile Post at Roof Access Points When Warning signs are required, other markings such as painted striping, chains, stanchions, or fencing may also be used to identify the perimeter of each Safety Zone. Attachment I b: MPE Analysis and Recommended Signage (Ground Level) SECTOR GROUND LEVEL•O MAIN LEVEL•20.5 CJ Percent MPE Legend 0%-5¾ 5%-100% 0 100%-500% 500% + Public Lim~• Sula9 10 foot grid •ize (Avg: 0 to 6 Feet) Carrier Color Code I• T-Mobile [i] Post at Roof Access Points When Warning signs are required, other markings such as painted striping, chains, stanchions, or fencing may also be used to identify the perimeter of each Safety Zone. -(c._)) :::-__---:.::,:..,1 5..~ Sign Sign Count Description Postin2 Instructions IH•IIII■ Blue Notice Sign Used to notify individuals they are (<1>) entering an area where the power Securely post at all access points to the site I density emitted from transmitting in a manner conspicuous to all individuals ... _, ... ..,.. :=-..:=-= antennas may exceed the FCC's MPE entering thereon. :::::::-=-..::.::-limit for the general public or ~---occupational exposures. Guidelines ......... :,, ... ,. Informational sign used to notify Securely post at all access points to the site I workers that there are active antennas in a manner conspicuous to all individuals installed and provide guidelines for entering thereon. working in RF environments. ACAUTION Yellow Caution Sign ~ Used to notify individuals that they are N/A entering a hot spot where either the Signage not required. ---~=:.= general public or occupational FCC's -----·---MPE limit is or could be exceeded. --.. --·- ~ .. f..A II Securely post near areas where the general & Red Warning Sign public and occupational MPE limits are Used to notify individuals that they are exceeded as shown in Attachment I at the s entering a hot zone where either the site in a manner that prominently alerts ---general public or occupational FCC's =--m=:.= occupational workers and the general ·---·----MPE limit has been exceeded. ----·----------· . . . . . public of RF emissions. rThe proposed site will be compliant with the installation of the mitigation measures. irhe actual number of access points may vary based on documentation provided and/or if a surve~ Notes: r,vas conducted. Recommended signage locations are based on T-Mobile's guidance for the worst- tase scenario in each sector. The actual signage installation is dependent on accessibility of the f.icility and antennas. Locations deemed inaccessible due to OSHA safety standards (proximity to unprotected roof edge or slope, etc.) will be compliant upon installation of recommended signagE lat the closest accessible point. 9 EBI Consulting • 21 B Street • Burlington, MA 01803 ♦ 1.800. 786.2346 Attachment 2: RoofMaster™ Import File Carner I Antenna Number I Emitter Number I Caption I -Pattem(.ant) -I Frequency I Power (W) ERP/EIRP I Length (m) I Azimuth(nl I Mechanical Downttlt I Height(ft) I X(ft) I Y(ft) T-Mobile 1 1 TMOAl AIR 21 040T 1900.ant 1900 3698.24 1.39 340 0 25.5 52.1 93.4 T-Mobile 2 1 TMOA2 APXVAARR18_ 43-U-NA20 040T 600.ant 600 433.13 1.83 340 0 25.5 53.4 90.8 T-Mobile 2 2 TMOA2 APXVAARR18_ 43-U-NA20 04DT 600.ant 600 1155.02 1.83 340 0 25.5 53.4 90.8 T-Mobile 2 3 TMOA2 APXVAARR18_ 43-U-NA20 04DT 700.ant 700 442.20 1.83 340 0 25.5 53.4 90.8 T-Mobile 2 4 TMOA2 APXVAARR18_ 43-U-NA20 040T 1900.ant 1900 5035.30 1.83 340 0 25.5 53.4 90.8 T-Mobile 3 1 TMOA3 SON_AIR6449 _ B41FB _l TE_ dlMacro.ant 2500 4709.06 0.84 340 0 25.5 54.4 88.1 T-Mobile 3 2 TMOA3 SON_AIR6449_B41FB_NR_d1Macro.ant 2500 4709.06 0.84 340 0 25.5 54.4 88.1 T-Moblle 4 1 TMOA4 AIR 32 04DT 1900.ant 1900 7396.48 1.39 340 0 25.5 55.1 86.1 T-Moblle 4 2 TMOA4 AIR 32 04DT 2100.ant 2100 7063.58 1.39 340 0 25.5 55.1 86.1 T-Mobile 5 1 TMOBl SON_AIR6449_B41FB_LTE_d1Macro.ant 2500 4709.06 0.84 105 0 25.5 17.4 5.5 T-Mobile 5 2 TMOBl SON _AIR6449 _ B41FB _NR _ d!Macro.ant 2500 4709.06 0.84 105 0 25.5 17.4 5.5 T-Mobile 6 1 TMOB2 APXVAARR18_ 43-U-NA20 04DT 600.ant 600 433.13 1.83 105 0 25.5 14.9 4.9 T-Mobile 6 2 TMOB2 APXVAARR18_ 43-U-NA20 04DT 600.ant 600 1155.02 1.83 105 0 25.5 14.9 4.9 T-Mobile 6 3 TMOB2 APXVAARR18_ 43-U-NA20 04DT 700.ant 700 442.20 1.83 105 0 25.5 14.9 4.9 T-Mobile 6 4 TMOB2 APXVAARR18_ 43-U-NA20 04DT 1900.ant 1900 5035.30 1.83 105 0 25.5 14.9 4.9 T-Mobile 7 1 TMOB3 AIR 21 04DT 1900.ant 1900 3698.24 1.39 105 0 25.5 12.3 4.3 T-Mobile 8 1 TMOB4 AIR 32 04DT 1900.ant 1900 7396.48 1.39 105 0 25.5 9.6 3.6 T-Mobile 8 2 TMOB4 AIR 32 04DT 2100.ant 2100 7063.58 1.39 105 0 25.5 9.6 3.6 T-Mobile 9 1 TMOCl AIR 21 04DT 1900.ant 1900 3698.24 1.39 215 0 25.5 10 87.4 T-Mobile 10 1 TMOC2 SON _AIR6449 _ B41FB _ L TE_ dlMacro.ant 2500 4709.06 0.84 215 0 25.5 11.3 89.6 T-Mobile 10 2 TMOC2 50N_AIR6449_B41FB_NR_d1Macro.ant 2500 4709.06 0.84 215 0 25.5 11.3 89.6 T-Mobile 11 1 TMOC3 APXVAARR18_ 43-U-NA20 04DT 600.ant 600 433.13 1.83 215 0 25.5 13 91.7 T-Mobile 11 2 TMOC3 APXVAARR18_ 43-U-NA20 04DT 600.ant 600 1155.02 1.83 215 0 25.5 13 91.7 T-Mobile 11 3 TMOC3 APXVAARR18_ 43-U-NA20 04DT 700.ant 700 442.20 1.83 215 0 25.5 13 91.7 T-Mobile 11 4 TMOC3 APXVAARR18_ 43-U-NA20 040T 1900.ant 1900 5035.30 1.83 215 0 25.5 13 91.7 T-Mobile 12 1 TMOC4 AIR 32 04DT 1900.ant 1900 7396.48 1.39 215 0 25.5 14.3 94 T-Mobile 12 2 TMOC4 AIR 32 04DT 2100.ant 2100 7063.58 1.39 215 0 25.5 14.3 94 Preparer Certification I, Andrew Simpson, state that: 12 • I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. • I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified "occupational" under the FCC regulations. • I am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation. • I have been trained on RF-EME modeling using RoofMaster™ modeling software. • I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge. EBI Consulting ♦ 21 B Street ♦ Burlington,MA 01803 ♦ 1.800.786.2346: RF-EME Compliance Report SD06 I 85A/Weseloh Chevrolet 6220003127 5335 Paseo Del Norte, Carlsbad California Reviewed and Approved by: sealed 20jul2020 Michael McGuire Electrical Engineer mike@h2dc.com Note that EBl's scope of work is limited to an evaluation of the Radio Frequency -Electromagnetic Energy (RF-EME) field generated by the antennas and broadcast equipment noted in this report. The engineering and design of the building and related structures, as well as the impact of the antennas and broadcast equipment on the structural integrity of the building, are specifically excluded from EBl's scope of work. 13 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 Appendix B: Federal Communications Commission (FCC) Requirements 14 EBI Consulting ♦ 21 B'Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 ' . All information used in this report was analyzed as a percentage of current Maximum Permissible Exposure (% MPE) as listed in the FCC OET Bulletin 65 Edition 97-0 I and ANSI/IEEE Std C95. I. The FCC regulates Maximum Permissible Exposure in units of microwatts per square centimeter (µW/cm2). The number of µW/cm2 calculated at each sample point is called the power density. The exposure limit for power density varies depending upon the frequencies being utilized. Wireless Carriers and Paging Services use different frequency bands each with different exposure limits, therefore it is necessary to report results and limits in terms of percent MPE rather than power density. All results were compared to the FCC (Federal Communications Commission) radio frequency exposure rules, 47 CFR I. I 307(b)( I) -(b)(3), to determine compliance with the Maximum Permissible Exposure (MPE) limits for General Population/Uncontrolled environments as defined below. General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area. Public exposure to radio frequencies is regulated and enforced in units of microwatts per square centimeter (µW/cm2). The general population exposure limit for the 700 and 800 MHz Bands is 467 µW/cm2 and 567 µW/cm2 respectively, and the general population exposure limit for the PCS and AWS bands is I 000 µW/cm2• Because each carrier will be using different frequency bands, and each frequency band has different exposure limits, it is necessary to report percent of MPE rather than power density. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general population/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means. A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has ah installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards. Additional details can be found in FCC OET 65. 15 EBI Consulting ♦ 21 B Street ♦ Burlington, MA 01803 ♦ 1.800.786.2346 CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION . . CITY USE.ONLY Development Number: r Origimll Project Number: • Consistency Determination Numb~r; PROJECT NAME: T-Mobile SD06185A Assessor's Parcel Number(s) and Address: 211-060-1 0-00 5335 Paseo Del Norte, Carlsbad, CA 92008 Description of proposal (add attachment if necessary): Cell site u~grade. Increasing from (6} antennas to (9} antennas. Relocating existing antennas. Concealment method changing from FRP tubes to antenna screens in the corners of the building. Would you like to orally present your proposal to your assigned staff planner/engineer? Yes □ @ □ Please list the staff members you have previously spoken to regarding this project. If none, please so state. Sarah Cluff OWNER NAME (Print): ~ --k..C'b-._ 1Z. I \.,;) e.. 'i,Pi~\... APPLICANT NAME (Print): T-Mobile MAILING ADDRESS: ;JfDO¥ .. s &/.. Cg!!l:na .i?.cal~ /flAILING ADDRESS: 10509 Vista Sorrento Pkwy Suite 206 CITY, STATE, ZIP: ~o.l'-\<;!,.bJ CA q ~QO~ CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: f=,."o) q -=r's -5 3a e. TELEPHONE: 858-344-6112 EMAIL ADDRESS: ~:c-r-M-y ',L\~,s.!!:-.\.L.~ \-1:'°''lte\ a.\...: a., ~MAIL ADDRESS: Joseph.Rose41@T-Mobile.com *Owner's signature indicates permission to conduct a preliminary review for a development proposal. IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. I ~ CERTIFY THA~ THE LEGAL OWNER AND THAT ALL THE ABOVE N I RUE AND CORRECT TO THE BEST OF MY ~ . ~ ~-4~•~/ qitr,r ,R6'/4U 7/8/20 ;3/~T~ DATE SlcffiATUR DATE v APPLICANTS REPRESENTATIVE (Print): Chris Vuong MAILING ADDRESS: 17169 Botero Drive CITY, STATE, ZIP: San Diego1 CA 92127 TELEPHONE: 858-205-4150 EMAIL ADDRESS: cvuong@j5ip.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. (}/4/"l~ ftp_(JtJ! 07-07-2020 SIGNATURE --DATE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-16 Page 2 of 2 Revised 02/28/18 t"F • ·Mobile· SD061BSA WESEL □H CHEVROLET 5335 PASEO OEL NORTE CARLSBAO CA 92□0B .. "a .. a■co ANTENNA ■CIICl:Na AEslms.com 877.9AE.slms ~··Mobile· SDD61BSA WESEL□H CHEVROLET 5335 PABEO OEL NORTE CARLBBAO CA 92□0B .... a .. a■KD ANTENNA ■CIIIIEEN LOOKINIJ WEST F"ROM PABEO DEL NORTE AEsims.com 877.9AE.slms ~··Mobile· SD □61BSA WES E L □H C HEVR □L ET 5335 PASEO OEL NORTE CARLSBAO CA 92006 .... a .. a■l:D ACCE■■ LADDEII .... a .. a■a::o ANTENNA ■DltltEN■ AEslmscom 877.9AE.slms ~··Mobile· SD □61BSA WESEL□H CHEVROLET S33S PASEO OEL NORTE CARLSBAO CA 9200B AEslmscom 877.9AE.slms PRO.-OIIIEO lltE,-LACIEMENT , Section 6409(a) Modification Worksheet For Wireless Base Stations Purpose: This worksheet serves to assist the City of Carlsbad to determine whether a proposed collocation or modification to an existing base station qualifies as an eligible facilities request and/or would cause a substantial change as defined by the FCC. Instructions: Applicants must complete this worksheet and submit it with an application for a Section 6409{a) modification to collocate or modify transmission equipment on an existing base station submitted for approval pursuant to Section 6409{a) of the Middle Class Tax Relief and Job Creation Act of 2012 {47 U.S.C. § 1455{a)). Any proposed modification submitted for approval pursuant to Section 6409{a) must answer two general questions: (1) is the proposed modification an eligible facilities request and if so, (2) will it cause a substantial change? Section 1 addresses the eligible facilities request question and Sections 2 through 7 address the substantial change questions. In general, any "NO" answer in Section 1, or any "YES" answer in Sections 2 through 7 will disqualify the proposed modification from Section 6409(a}. The City may deem any application without a completed worksheet incomplete. If a response to any question requires additional space, applicants may attach additional pages to this worksheet so long as the responses are clearly labeled with the number that corresponds with the question. Questions about this worksheet should be submitted to the Planning Division at planning@carlsbadca.gov. Applicant Name: T-Mobile (Chris Vuong as agent) Phone: 858-205-4150 Email: cvuong@j5ip.com Project Address: 5335 Paseo Del Norte, Carlsbad, CA 92008 Applicant's Site ID: --=S=D'-=0.=:6..:.18:;5::A~-------------------- ELIGIBLE FACILITIES REQUEST Section 1. EXISTING FACILITY 1.1. 1.2. 1.3. Does the non-tower structure currently support wireless transmission equipment? Has all the transmission equipment been deployed in accordance with the applicable siting and zoning regulations in effect when the deployment occurred? Does the application Include a copy of the most recent permit or regulatory approval issued in connection with this site? IX! YES D NO Ii YES D NO IX! YES D NO If the answer in Line 1.3 is "NO" explain why the relevant permits and/or regulatory approvals are not attached: 6049(a) Modification Worksheet For Base Stations page 1 /5 03/18 1.4. Will the proposed modification maintain (and NOT replace) the existing liicl YES O NO non-tower support structure? SUBSTANTIAL CHANGE FACTORS Section 2. HEIGHT INCREASES Rule: A modification substantially changes a base station if it increases the height of the original support structure by more than 10% or 10 feet {whichever is greater). 47 C.F.R. § 1.40001 {b}{7}{i}. 2.1. Provide the following measurements: 2.1.1. overall height after the proposed modification: 2.1.2. support structure height when originally constructed: 2.1.3. subtract Line 2.1.1 by Line 2.1.2 2.1.4. multiply Line 2.1.2 by 0.1: 30' 8" feet 28' 6" feet 0 (neg) feet ____ feet 2.2. Is the measurement in Line 2.1.3 greater than 1 0 feet Mm, greater than the measurement In Line 2.1.4? DYES DaNO Section 3. WIDTH INCREASES Rule: A modification substantially changes a base station if it adds an appurtenance that protrudes from the support structure by more than six {6} feet. 47 C.F.R. § 1.40001 (b}(7}(ii}. 3.1. 3.2. Provide the furthest distance that any proposed appurtenance would protrude from the support structure: Is the measurement in Line 3.1 greater than six (6) feet? Section 4. EQUIPMENT CABINETS __ o __ feet DYES D'i1 NO Rule: A modification substantially changes a base station if it involves (i} more than four (4) new equipment cabinets; {ii) installation of any new ground-mounted equipment cabinets if none currently exist; or (iii) installation of any ground-mounted equipment cabinets that are more than 10% taller or voluminous than any existing ground-mounted cabinets associated with the base station. 47 C.F.R. § 1.40001(b)(7)(iii). 4.1. Provide the following quantities: 4.1.1. total proposed new equipment cabinets: 4.1.2. existing ground-mounted equipment cabinets: 4.1.3. proposed new ground-mounted equipment cabinets: 6049(a) Modification Worksheet For Base Stations page2/5 2 2 2 03/18 [CONTINUE ON NEXT PAGE] 4.2. Provide the following measurements (unit of measure required): 4.2.1. height of the tallest proposed ground-mounted equipment 51 311 (new cabinets shorter) cabinet: 4.2.2. height of the tallest existing ground-mounted equipment cabinet: 51 911 4.2.3. multiply Line 4.2.2 by 1.1 : n/a 4.2.4. volume of the most voluminous proposed ground-mounted equipment cabinet: n/a 4.2.5. volume of the most voluminous existing ground-mounted equipment cabinet: 4.2.6. multiply Line 4.2.5 by 1.1: n/a 4.6. Is the quantity in Line 4.1.1 greater than four (4)? DYES IX NO 4.7. Is the quantity in Line 4.1.2 zero (0) AND the quantity in Line 4.1.3 greater than zero (0)? DYES ~ NO 4.8. Is the measurement in Line 4.2.2 greater than the measurement in Line 4.2.3? n/a DYES D NO 4.9. Is the measurement in Line 4.2.5 greater than the measurement in Line 4.2.6? n/a DYES D NO Section 5. NEW EXCAVATION OR DEPLOYMENT AT GROUND LEVEL Rule: A modification substantially changes a base station if it entails any excavation or deployment outside the current boundaries of the leased or owned property and any access or utility easements related to the site, and further restricted to the area in proximity to the support structure and to other transmission equipment already deployed on the ground. 47 C.F.R. §§ 1.40001(b)(6), 1.40001(7)(iv). 5.1. Mark the appropriate box(es) if the project plans contain the following items. Mark any box "N/A" if the item is not part of the scope of work for the proposed modification: □ Current boundaries of the area that the carrier/infrastructure provider leases or owns, including access and utility easements □ All proposed equipment deployed on the ground □ All proposed ground disturbance (excavation, trenching, boring, digging, etc.) 5.2. Describe all proposed ground disturbance and proposed equipment deployed on the ground: None 6049(a) Modification Worksheet For Base Stations page3/5 03/18 5.3. [CONTINUE ON NEXT PAGE] Will any new ground disturbance or equipment deployed on the ground be outside the leased or owned areas1 including any associated easements for access or utilities, OR outside the proximity of the support structure or existing ground-mounted transmission equipment? DYES IRI NO Section 6. CONCEALMENT ELEMENTS Rule: A modification substantially changes a base station if it would defeat the concealment elements of the base station. 47 C.F.R. § 1.40001 (b)(7)(v). 6.1. Mark the appropriate box(es) if the application contains the following items: 6.2. 6.3. 6.4. ~ Full-color photo simulations that depict how the site appears now and how it will appear after the proposed project Ii Project plans that depict and call out all existing and proposed concealment elements (painting, stealth techniques, camouflaging, integration, etc.) Describe the existing concealment elements and/or techniques: Individual ERP tubes throughout the rooftop Describe the proposed concealment elements and/or techniques and how, if at all, the proposed modification would alter the existin_g concealment elements: Proposing to remove all FRP tubes. Antennas will be relocated to 3 corners of the building. New screening (to match building) proposed to conceal the antennas. Will the proposed modification defeat the existing concealment elements of the base station? DYES 181 NO Section 7. COMPLIANCE WITH PRIOR PERMIT CONDITIONS Rule: A modification substantially changes a base station if it does not comply with conditions associated with the siting approval for the original construction or subsequent modification(s) of the base station. Noncompliance with prior permit conditions related to height, width, equipment cabinets and excavation would not cause a substantial change to the extent the condition is more restrictive than the applicable FCC thresholds (described in Sections 2 through 5 of this worksheet). 47 C.F.R. § 1.40001 {b)(7)(vi). 7.1. Mark the appropriate box(es) if the application contains all the following items: ix Copies of all prior permits and other regulatory approvals issued in connection with this site IX All conditions of approval applicable the corresponding prior permits and other regualtory approvals 6049(a) Modification Worksheet For Base Stations page 4 /5 03/18 7.2. Identify the condition(s) corresponding to a prior permit or regulatory approval that the proposed modification would violate: 7.3. Identify the condition(s) corresponding to a prior permit or regulatory approval that the proposed modification would violate, but such condition(s) would be preempted by a "NO" answer in Line 2.2, 3.2, 4.6, 4.7, 4.8, 4.9 or 5.3 of this worksheet: 7.4. Are there any conditions identified in Line 7 .2 that do not appear in Line7.3? PREPARER'S CERTIFICATION D YES Dt:: NO I have read and I understand this worksheet and all its instructions. All my responses on this worksheet are true, accurate and based on my personal knowledge about the proposed project to which this worksheet corresponds. I understand that the City of Carlsbad will rely on my responses to evaluate whether to process this application in accordance with the FCC's regulations under 47 C.F.R. § 1.40001 et seq., and I acknowledge that any inaccuracies may result in the application being deemed incomplete or the request for approval pursuant to Section 6409(a) being denied. Applicant Name: _C_h_r_is_V_u_o--"ng..._ ________ _ Applicant Signature: _a"""'~;.a....P,...:..;:1~"---"//4'-'t<=O,....,~i#'-4'. _______ Date: 09/15/2020 6049(a) Modification Worksheet For Base Stations page 5/5 03/18