HomeMy WebLinkAboutCD 13-06; SDG&E STEEL POLE; Consistency Determination (CD)e
CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION
I CITY USE ONLY ~::: / ,,,.,
Project Number: (i].J l 2 -() lV
; PROJECT NAME: ~ SDG&E Steel Pole
I Assessor's Parcel Number(s): 215-240-44-QQ
j Description of proposal (add attachment ff necessary); §.P._tir:i1.PIQP.Q$8S to relocate the egu!_pmQnt.§nCJQ§IJ!~
l to.Jhaw.eslsidELof.ihatennis .. courts.ro.ugbjy-120~.west.oUbe. previous .. location . .(see_attacheciplans)_
j the aquipmeot bas been relocated to satisf¥.succouoding neigbbors,_w.all.beight also increases tQ.B_' _
l Would you llke to orally present your proposal to your assigned staff planner/engineer? Yes O No ~ l l Please list the staff members you have previously spoken to regarding this project. If none, please so state.
' i '
: OWNER NAME (Print): West flh •ff North Com;!mjn,!ums
l MAIUNGAOORESS: 5651 Palmer Way, Suite A
I CITY, STATE, ZIP: I TELEPHONE:
Carlsbad CA 9201 Q
760-603-9404 ! EMAIL ADDRESS:
I i •Owner's signature Indicates permission to conduct a prellmlnary
! review for a development proposal.
! 1 CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
i ABOV INfORMATION IS TRUE ANO CORRECT TO THE 8EST OF
-OWLEOOE VI;_; /;d
DATE ,-7
APPLICANT NAME (Print); Sprint _____ .;.._, _____ _
MAIL.ING AOORESS:_a3_o_c_om ........ m, .... e ... rc...,e.__S..,.,ua;ite_2s .. o __
c,w, sTATe. z1P: tndne, CA 92602
TELEPHONE: 503-519-8591
EMAIL ADDRESS: thenion@deprattiinc oom
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRLJE
AND CORRECT TO THE BEST Ol=' MY KNOWLEDGE. ~ S-('2,/12
SIGNATURE DATE
APPLICANTS REPRESENTATIVE (Print): .... TI ... tm~H .... @a...n ... io:.n/ ....... D_e_P_r-=att_i_l .... nc _________________ _
MAILING ADDRESS:
CITY, STATE, ZIP;
i TELEPHONE:
EMAIL ADDRESS:
l 264 Basswood Av:e
503-519-8591
thenjon@deorattijnc.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPUC.6,NT ANO Tl-CAT A.LL THE ABOVE !NFORMA TIOM !S TRUE AND
CORP.ECT TO THE BEST OF MY KNOWLEDGE.
. .---:::;, L1 ·--;t 5/Z'T {(J
i SIGNATURE DATE
! IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND
1 ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IM'E CONSENT TO ENTRY FOR THIS PURPOSE.
! I ! -------,.P--R_O.,.,.PE=R,_,TY___,,O_W.,.,.N .... E..,.R .... S--IG_NA_T~U--R'""E,-----
FEE REQUIRED/DATE FEE PAID: -~~_i_L{.Q~i~J3 ____ ··---··-----•--·--_______ _
RECEIVED BY:
P-16
RECEIVED
JUN 2 4 2013
CITY OF CARLSBAD
PLANNING DIVISION
Page 2ot 2 Relllsed 07110
I
po~-h. Jf,¥;~.4~
A)~ -f3o;>.OO
Cit of
APPEAL FORM
-r,=;;:-;::;:;;;;-::::;;;;~==-=~~--D re
r
I (We) appeal the decision of the Lu q )~ _, 2/S \AP \d--.-0~ S'Dv ·~i 9:~ rt),~~
To the Carlsbad City Council.
Date of Decision you are appealing: __ """'5.....,/ .......... ,-#1 ..... J_t> ..... }_J ______________ _ r,
Subiect of Appeal:
BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project
has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific
Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please
state that here.
' :t' ~ '\ 1
v ,-\\-~ o t..o-\ rtN"-~ c ~ '< .._ <l \:oo ~ rN.,t1 :.'Y' ~~ uX<"d ~. Reason(s) for Appea : • Please Note • airure to specify a reason may result in denial of the
appeal, and you will be limited to the grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with
state or local laws, plans, or policy?
NAME (please prz ~ 5 '1~0I]
i f
ADDRE~Jtreet Name & Number
~r \~~ CA qlD¢7
DATE City, State, Zip Code
1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (760) 434-2808
-Background·
For those of you who would like more background on this issue, this background summary has
been drafted; it is meant to provide context not to point out blame.
On February 3, 2006, the HOA Board of Directors sent the homeowners a Ballot and
Instruction/Cover letter asking the homeowners to authorize the Board to enter into an agreement
with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of
building #1. The antenna would be accompanied by a 240 sq ft equipment room on the
west side of the SDG&E easement ( closer to the street)."
The Board further declared in their Ballot Instruction/Cover letter that, "The board can find no
reason not to proceed with this revenue-generating project and urges you to vote yes on the
enclosed ballot and return it by March 1, 2006."
The Board sent out a second letter on March 2, 2006, declaring that the owners had voted in
favor of entering into an agreement with Sprint (The Ballot, Ballot Instruction/Cover Letter, and
a map showing the proposed location are all attached for your convenience.)
Approximately 9 months after the vote, on November 24, 2006, two Board members executed an
agreement with Sprint for the installation of the antenna and lease of HOA common area
property for the accompanying equipment room. If any notice was given to the owners that the
agreement had been executed, we are not aware of such. To our knowledge the agreement was
not distributed to the Homeowners, nor was the existence of the executed agreement ever
recorded in any HOA minutes. Moreover, the agreement was never recorded with the County
Recorder's Office (leaving many new buyers without any knowledge of the Sprint project prior
to the City notice).
Approximately 6 years after the agreement was executed, in November of 2012, the City of
Carlsbad sent the owners a notice of Sprint's Application to build a Wireless Communications
Facility on the HOA's common area. The application for the "Conditional Use Permit" was
executed by a Sprint representative and our Board President.
While the Boards Ballot Instruction/Cover Letter quoted above describes the equipment room
location as," ... on the west side of the SDG&E easement (closer to the street)," Sprint's
application with the City of Carlsbad indicates that Sprint intends to build an equipment room on
the grassy area between our tennis court and the parking spaces located just southeast of the
tennis court (this location is also marked on the map provided.) To date, there has not been any
explanation as to how the equipment room location changed from the west side of the SDG&E
easement to the grassy area southeast of the tennis court came about.
Quick Point -Because the "DECLARATION OF COVENANTS, CONDIDONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WEST BLUFF NORTH''
prohibits any business or commercial activity from being operated or maintained on any part of
our property, you could not build & operate a hot dog stand next to the tennis court. So ... why
would anyone think it's OK for Sprint to build and operate 24/7 a wireless communication
equipment room next to the tennis court!
March 21, 2013
/f/1~ I -~~""'"'"J c!,...,.~,~~ -.e~~~
A~~~,¥
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In opposition of CUP 12-13/SUP 12-02 -SDG&E STEEL
0
POLE project by West Bluff North, City of Carlsbad
residents.
In October 2005, Sprint/Nextel approached the West Bluff
North HOA with a proposal to put a cellular antenna array
and an equipment facility on WBN property via a five year
lease agreement with options for Sprint/Nextel to renew the
agreement every five years for a total of thirty years.
• Since any contract containing a term of more than one
year requires the majority consent of the homeowners,
our board sought such consent by ballot in February of
2006. In that ballot, the location of the equipment
enclosure was specified.
On a finaooal~ positrtt nott, the Board of Directorn has heal approached by Sprint PCS, LLC ~g ttlat
the Association enter into an agreement to allow them to install an antenna (for better wireless coverage) on the
Soc,&£ power pole wtU of building #1. The llllmll would buccompaied by a 24011 ft equipmalt room on
die west side ti die S00&E easement (closer to the nt). In return Sprint PCS. LLC has proposed to pay lhe
WBN Association $600.00 per month for the first five year term of the lease, a total of $7,200 per year. In the
second 1erm it would increase to $8.280 oer vear and on uo to $12.592 in the fifth term. It will take
5/1/2013
1
From ballot cover letter-"The west side of the
SDG&E easement, (closer to the street)",
Note that the location has changed ...
:z
• In November 2006, the WBN-HOA signed the lease
agreement with Sprint/Nextel.
• In that agreement, Sprint/Nextel required the WBN-HOA to
provide a recordable Memorandum of Agreement.
19. l\kdla-(1) This Agrecmenl applies to and binds 11le heirs,
~ cxecuton, ~ -IISi,ps of .. parties to lltis
~; Cb) lhis AJR1emcn1 is IOflOICd bJ Ibo 1IIWI oflhe ss. In wllicll
lho Sile b k:K:a&ed; (c)OMlllr ..... IO pnllllpllly --=-a ad ds1hw to
Tcamt 6, leoordat,le MH1mnf8m of Apeelllllial in die bm of ltdlilik D.
auaehod; (d} this ~ (indadinJ die &bibil:s -1 Riders) coaati1.-
Uio emn •eonllMltiffiMII «-pri&!, MCJ"fllllllSdl 411 pr1or wria.m IDil
TCtbal .. ---. ~ IIIGIIIISCI CK~ llclMlen Ole
plWties.. Any ~ lo Ibis ~ Jfflllt be in writiog Md acic:ma:d
b)' bolh ~ (e) if IIISy fllO\'llioll of Ibis ~ is Ul\lllid or
~ -.fifl•..,-·tD·ay·pany, the,...._ oftflilApeefflml·or•
lhe application of die provmon IO palOIIS IJCha' .... dlOiM: • to "fldlonl it is
be1d invlllid or ~ will DOIi be ~ 111111 cadJ p,orilimll of dais
5/1/2013
2
The WBN-HOA board did so and the MOA was signed in
and notarized in November of 2006.
lt.ECORDfN<J R.EQUE.STEO BV AND
WHEN RECORDED. R£l1..JRN TO:
SPIUNTINW-XTT.L
3.IOC'OMMIERCE., SUIT& .180
IIIVINW:.,.CA1'M8J
Sile I.D.: SC"l."WXCMl•D
A.PN: :zts..o,2,.13-0J
SPACIE. A.aova: TRIS LINK POa JlECOAO«ltS" UN.
Mee9De4ee «cAcnerne
Tlm JlkiHM11•Klum ~~ (~"")ct.:d ~~ ;l."f, __,, ~ ~ 'lhal •
SilaA.,_...{ct-.. ~•)daMIII '-,C~ A,9:, 2006 (ttM -Eftliacdve U...""),. -..-,., lllnd _......s ma, bcl-,, w.-Bhdl',._,._ l~~km. • c.ufomJr.a nRttuat bcne-lkecM'IXJIWillio,t~
_,. Sp-im PC_."'S Aa.et:a, U..C. e Doa.-Nm:-.. l.l•bUity omnpany ( .. SprilWIINOJI.IOI"" °'" -r·on.111"").
lbc A~ prv.ld,i;a ill put ... Spillt/N--1 bai tM fiahl lo on&ll:II' ..-.. ~ r-11 ~ oWlllllld 11)-(,.__.. _, klcalDlf • "-'• P..-, ,__,_,. 2U..O.t2~1.l-OI, c-,, of"~ C.0.-.,, oC 5--Diiswo, SuN of'
C'..»larn..._ • IWlher dBaa._. 1in .. A...,.._.. Cthe '".Site .. ) for dw purpoao olpe:rtbnn .... iDY_.....,._ and -
and.~ flndlna 11M sa .....,..... 1a .._ ...... s• llbr Iha pu,poac of lnMali&lna, opaaiftc _, ............ •
~ fac:ilill:)' andadlal' ~ TIie 5-. • twtt-~ Ml P---lllllbh A allachod.__., .
.-,-.,.... or~••.,.__,~ Ultdor'lM ............. n s ,,._..~..._•'"Y (J.O)da)-11
.ne:r ... .--. of c<MNIIIIICtiun of ... Faci ...... (M defined '" dw ~) cw c,ipteon (1 S) mtw,IIN, tc'.1,1~ --
~fllactt,.-e lluc. •II~ 11n1 occvn rT«'l'I" comm.-=-nt U.e""), and._~ 11> 5 ...w""'ai ..,_. or-5 ,._.
_..,._.__,,hs-a'C".iaaditt,,T...-...
[S~Followj
w-~-o.-..on-N.....-.1,,0.-~ ---PC-CS--•.;a..,.c . ...... ,.. ............. _ .... __ , __ _
-,---~~~------::.:.:.~~-----~-~
:~-=--=-~-~-__ ?,;~--~-~~,a>~~-=-~-~~:-__:_ -------
A-· c-..._~.., ____ .__ """"'' _________ ,.._
4:;-•-.<--...... -=t•HO
Sprint never recorded the MOA
• There have been 19 purchases at this site
since the agreement was signed in 2006.
•None of those buyers had the benefit of a
title report indicating this agreement.
•If not for the public notices from the City of
Carlsbad, most of these owners would not
have known about the project and its impact
on the enjoyment of the properties.
Sprint/Nextel knew they were proposing a
new location did record it for seven years.
5/1/2013
3
Sprint has still not recorded this
MOA ...
Search performed on 04/29/2013:
I ran the chain of title on the common area lot, I of map I 0067.1 do not find a
recorded easement agreement for a cell equipment.
Thank you
Lawyers_ Title_ WEB _for_ email
Sheila Hollander
Title Officer -Residential -Commercial -National
Title Unit 38 and Title Unit 36
Phone No. (858) 650-3918 or (800) 464-8444
E-Fax (619) 209-3300
5898 Copley Drive I 3rd Floor I San Diego, CA 92111
Email
Group Email: tu38@ltic.com
View of proposed site from resident unit-a 2 O'x 12 'x 7'
building would be put here ...
5/1/2013
4
City policy 64-
discouraged
locations ...
2. Discouraged Locotions -WCFs should not locate in any of the following zones or areas
unless the appli,ant demonstrates no feasible alternative exists as required by Application
and Review Guideline 0.2.
a. 0DEr" ::.oau~ zor.es a!'ld !ots (exceot ;Js noted 'n lOCiit!t.Y: ::iuide;;ne A LL
b Res!denual zones or areas {e:i<cept ns. ,-,otcd :n t0cat1on Guideline A. i}s
c4 Major po,.ver transmiss1or1 tolivers in c.or-.. tdor.s located 1r1/or next to a resident;at zone dr
d. Environmentally sensitive habitat. ~ o .. h11r ,1..ht..nf . ..,,.., nf rn;itl< not identified on the Circulation Plan contained in the
3. Visibility to the Public -In all areas, WCFs should locate where least visible to the public and
where least disruptive to the appearance of the host property. Furtherrr-ore, nc WCJ
, ,,1 . ...1 1 "., n,-'r\ ., j,,.,( ")1'!0'.1 re;1d1!y v:si.b!e fr,:;irr, ZI puDit:: ,.,:,1ouid t:n" 11~·:,C!l1e,1 :in an e:i(pose\J nuge,1q1...: ,_,. • ~ I\... .r: ... • , -'• ••
; .. JU', .,.(,c:-eat;cn ,vea ~c.ernc Jrea or rc~:den-:.,,1i Jft.!,] unh.•ss 1t !s '.lJ.t<.faftonl'y loc.Jt:?d Jnd/or
~.crce:··1ed :~ is ~,;der. or ifsgw;ed.
City policy 64-this is a discouraged location ...
• Proposed antenna array is in power transmission line view corridor.
• Not only is it in a residential area, the SDG&E pole is adjacent to our building
an~ the proposed equipment enclosure is in very close proximity to residential
umts.
• Not only is this proposed equipment in a recreational area, it is the only flat,
grassy area in the complex.
• This location is on a ridgeline.
• As there is no Wirf to 'satisfactorily' locate, screen, hide, or disguise a 20' x 12' x
7' building in the middle of a green open space, there is no Wirf to satisfy City
policy 64.
• The equipment room location obstructs an ocean view from the recreational
area for all SO residents.
5/1/2013
5
This is a discouraged location ...
• Sprint/Nextel contends that ...
provide the coverage nece$$8ry. This stte Is a discouraged s:tte
0
but this type of ~ite Is
discotJraged because of its pro,timity to residential use,. The landlord for this site is both
SDG&E and the Home OWner's Association for the iKl)acl!"t conclom;n1um project. 1lle
project was notified and wted by proxy ovenllhelmingly to..,_ s1><1ce to Sprint/Nextel
for the propOSl!d project thereby negatl"ll the main reason """""" types of Installations are
dlscourased. The antennas will be strapped to the extsUn& -to-rand tile radio and
• What Sprint/Nextel doesn't say is that this support was for the original
SDG&E easement location, not the common area location.
"The landlord overwhelmingly voted by proxy to lease
space to Sprint/Nextel. ... thereby negating the main
reason these types of installations are discouraged."
Tim Henion, representing SprimJNextel
• The homeowners NE.VER voted on this project. The project
they did vote on was for a different location and it passed with a
two vote margin (27) in February 2006.
• Fourteen homeowners who owned WBN units in 2006 have now
signed a petition opposing this project because the location they
agreed to has changed.
• Because Sprint never recorded the MOA with the County, eleven
people who purchasedWBN property a~er the 2006 vote have
signed the petition.
• Both groups do not want an equipment enclosure in the
proposed location.
• No one has indicated that this location is acceptable.
• The majority of WBN owners do not support this project.
5/1/2013
6
We met with the representative from
Sprint/Nextel Tim Henion prior to his February
26th, 2013 response to the City ...
• We apprised him of the discrepancy between the ballot and the
lease agreement.
• We apprised him of the issues arising from Sprint's failure to record
the MOA with the County.
• We expressed the desire both verbally and in writing on behalf of
several residents at the time (now many more} to relocate the
equipment enclosure. We have not received a response from
Sprint/Nextel indicating a willingness to explore alternate locations.
• There is no mention of these issues in Mr. Henion's February 26th
response to the City justifying moving forward at this discouraged
location.
Our submissions include 26 (a majority of the
homeowners) signed petitions (copy below)
Petition in C)ppcgrtion of Spmfs Conditional Use Permit
To: TIN-at,o(Coarflbod ~ s.rwc. ........ Dfwtdan
~~~x~,~~~~~~~~~tt:;=..USE~N'PUCAT™ foraumtiorul
The Wm. Bk'9' Nonh ~ assodmon's "'OEO.ARATION a'-COVENANTS, COf',,D11QNS ,HJ
RESTRICTIONS AND RESERVATION Of-EASENENTS" ~ ttm.-..,aimract bn:lirf: the asoci;nion lor-apeiod of one~ or rnon! must be~ b,-the nl¥)lity \IOle of its mermen.
On~ I, lOOf, the aswdatlon hor.-nen voted on and~ aSprinbNextel pmpos::al to:
Sprint's ~und Use Rt!'ll'iew Applic:aoo,~ pn:iposes to buld ib WCF equipnent l"OOfll on Wen Bk'9' North'5 ~ oowred ~._jun southeast of the AssociMions ternis court (Ins lo.:3tiori is also depicted on themad',ed map). Clearfy, Sprr,t's pn:iposed locillion is NOT within the.-~ b,-the --·
lnaddltiontohavriano~~theSpn-,tpn:iposedlo.:3tioripnasents~~
i.,,.~ ~~~t: ~txxr!:.=;;-"tt.OC:.: = 1111 .-chitecnn efforts to get the buildi'll to bkm wnh the other" blJiklinp will do nothl"I
Residsitialloation-Wherea!thealll!llcximon~.-eaisinapower-llneeasemem..-eadmetoEIC3mino,theSpn-,tpropose:lloationisina 1esidei,tlaL'ia.. &tioiwl --. Hence noise~ a health C00a!l'TB 31'1! a 11:sue.
lncreasedFoocpint-The~fooqxintis240sqft.;theSprimpmpos::alallkx-a287.Ssqkbuidinl-~,becausethe..!r.:proposalisloate:lina ~~::i:W~~.:::::::=.;::)!:~~for~h\anh~ dose\odo.it.the~
LgU,ofPropertyValuli!-bec:alseafthermsonssated.lbcM!andtheknownstipnathat~anequipmenthomeindoseprw<irllitytoansidem:bl-.,,,a,the ::;::.:t~: ~~~~tis supported b,-thebct dm fflifl)' emte prdessionm wan that not disdosq the~ a WCf could
5/1/2013
7
8
SITE AGREEMENT
Site Name: SDG&E Yawn: SiteID#:SD34XC861D
This Site Agreement (" Agreement") is entered into as of---=----:-c by Sprint PCS Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel" or "Tenant")
and West Bluff'Norlh Homeowners Association, a Califumia mutual benefit corporation ("Owner"). Owner aclcnowledges receiving One Dollar (Sl.00) and other
sufficient consideration for ent.ering into this Agreement
1. Premises and Use. Subject to the provisions of Section 2 below regarding
the Due Diligence Period, Owner leases to Sprint/Nextel the site described
below, whicl! site consists of a portion of the property described on Exhibit A
("Owner's Property) (Check 1111 appropriate boxa):
181 Land consisting of approximately 240 square feet for construction of. 181 shelters and/or base station equipment and D antenna support structure; 0 Building int.erior space consisting of approximately ___ square feet
fur placement of shelters and/or base station equipment; 0 Building exterior space consisting of approximately __ square feet for
placement of shelters and/or base station equipment; O Building exterior space for attachment of antennas; 0 Tower space between the _ foot and _ foot level on the tower for
attachment of antennas;
generally in the looation(s) shown on Exbl!J;lf B attached, as well as riser,
conduit and Olher space required fur cable runs to connect its equipment and
antennas, and together with all necessary non-exclusive easements for
vehicular and pedestrian access thereto, for placement of an undergrowtd
grounding system, and for access to the appropriate source of electric,
telephone and other utilities, in the discretion of Sprint/Nextel (the "Site").
The Site may be used by Sprint/Nextel (and/or any of its affiliated entities) for
the purpose of lnslallin& removing, replacing. modifying, maintaining and
operating, at its expense, communications service facilities, including, without
limitation, antennas and microwave dishes, air conditioned equipment shelters
and/or base station equipment, Qlble, wiring, power sources (including
generators and fuel storage tanks), related equipment and structures and, if
applicable to the Site, an antenna support structure (the "Facilities"). All of
the Facilities will remain Sprint/Nextel's personal property and are not
fixtures: Any0visual or textual representation &f the Fmlities en E:1hibit B is
illustrative only, and does not limit lhe rights of Sprint/Nextel as provided for
in this Agreement. Sprint/Nextel will use the Site in a manner whicl! will not
unreasonably distmb the occupancy of Owner's other tenants, if any.
Sprint/Nextel will have um:estricled acoess to the Site and the Facilities 24
hours per day, 7 days per week.
2. Term. This Agreement becomes effective on the date that both Owner and
Sprint/Nextel have executed this Agreement ("Effective Date"). Tenant's
lease term shall-cemmence, if at all, al the ead-of the Due Diligence Ptried on
the Term Commencement Date. The term of Tenant's lease and tenancy, if
any, (the "Tenn") is S years, commencing on the "Tenn Commencement
Date" whicl! is defmcd as the earlier to occur of: (a) the date that
SprintJNextel«mllllCIICe8 oonstruction of the Facilities; or (b} 18 months after
the Eflective Date. The Tenn will be automatically renewed for 5 additional
terms of S years each (each a "Renewal Term"), unless Tenant provides
Owner with notice of its intention not to renew prior to the expiration of the
initial Term or any Renewal Term. The Due Diligence Period is defined as the
time between the Effective Date and the Tenn Commencement Date. During
the Due Diligence Period, Sprint/Nextel will be permitted to enter Owner's
Property to perform surveys. inspections, investigations and tests, including,
without limitation, signal, topographical, geotechnical, structural and
environmental tesa, in Sprint/Nextel's discretion to detennine the physical
condition, suitability and feasibility of the Site. If Sprint/Nextel determines,
in its discretion, that the Site is not appropriate for Sprint/Nextel's intended
use ( or if Sprint/Nextel otherwise decides, fur any reason or no reason, not to
commence the lease Term). then Sprint/Nextet may terminate this Agreement
upon notice to Owner at any time prior to the end of the Due Diligence Period.
Owner acknowledges that, prior to the Term Commencement Date,
Sprint/Nextel has limited access to, but no ownership or control of, any
portion of Owner's property and that Sprint/Nextel's eccess during the Due
Diligence Period shall not cause Sprint/Nextel to be considered an owner or
operator of Owner's Property or the Site fur purposes of environmental laws
or otherwise.
3. Rent. Starting on the date that is 30 days after the Tenn Commencement
Date and on the first day of every month thereafter, Tenant will pay rent in
advance in equal monthly inslallments of $1,000.00. Rent for any partial
months will be prorated based upon a 30-day month. The rent due hereunder
will be increased on each anniversary of the Term Commencement Date to an
amount equal to the amount of the monthly installment of rent payable during
Rev. 01/31/2006
the previous year, increased by three percent (3%). Notwithstanding anything
contained in this Section, Tenant's obligation to pay rent is contingent upon
Tenant's receipt of an IRS approved W-9 fonn setting forth the tax
identification nwnber of Owner or of the person or entity to whom rent checks
are to be made payable as directed in writing by Owner. Rent will be sent to
the address shown underneath Owner's signature.
4, 1lde and Quiet Possession. Owner represents and warrants to Tenant and
further~ that: (a) it is the homeowners' association legally authoriz:ed to
represent the record owners of the West Bluff'North condominium units; (b) it
has rights of pedeslrian and vehicular access ftom the nearest public roadway
to the Site, which Tenant is permitted to use; ( c) ii has the right to enter into
this Agreement; (d) the person signing this Agreement has the BUlhority to
sign; (e) Tenant is entitled to access the Site at all times and to quiet
possession of the Site throughout the initial Tenn and cacl! Renewal Term, so
long as Tenant is not in default beyond the expiration of any notice or cure
period; and (t) Owner will not have unsupervised access to the Site or to the
Facilities.
5. Assignment/Subletting. Tenant will not assign or transfer this Agreement
or sublet all or any portion of the Site without the prior written consent of
Owner, which consent will not be unreasonably withheld, conditioned or
delayed; provided, however, that Tenant will have the right, without notice to
or consent of Ownel, to sublease the Site or assign its rights under this
Agreement in whole or in part to: (a) any entity controlling, controlled by or
under common control with Tenant; (b) any entity acquiring substantially all
of the assets of Tenant; or (c} any entity that is aulhorized by Tenant 10 sen
telecommunications products or services under the "Sprint/Nextel" or
"Sprint/Nextel PCS" brand name or any successor brand name(s) ("Contract
Affdiate").
6. Netkes. All ootiees must be in writing and BfC effeetivc only when
deposited in the U.S. mail, certified mail, return m:eipt requested and postage
prepaid or when sent via overnight delivery service. Notices to Tenant ~ to
be sent to: Sprint/Nextel Property Services, Mailstop KSOPHTOI01-Z2650,
4391 Sprint Pmkway, Overland Park, Kansas 66251-2650, with a mandatory
copy to: Sprint/Nextel Law Department. Mailstop KSOPHTOI0l-22020,
6391 Sprint Parkway, Overland Park, Kansas 66251-2020, Attn.: Real Estate
Attorney. Notices to Owner must be sent to the address shown underneath
Owner's signature.
7. Improvements. Tenant may, at its expense, make improvements on and to
the Sile as it deems necessary or desirable lrom time to lime for the operation
of the Facilities. Once the Facilities are installed, Tenant will not make any
material alterations to the Facilities without obtaining the prior written
approval of Owner, which approval will not be unreasonably withheld,
conditioned or delayed. If Ownel does not respond in writing to Tenant
within IO days following Tenant's request for approval, the request will be
deemed to have been approved by Owner. Owner agrees to cooperate with
Tenant with respect to obtaining any required zoning or other governmental
approvals for the Site, the Facilities and contemplated use thereof: Upon
termination or expiration of this Agreement, Tenant will remove the above-
ground Facilities, and will remove any foundation down to one foot below
grade level.
8. Compliance with Laws. Owner represents and warrants to Tenant that
Owner's Property (including the Site) and aJI improvements located thereon,
are in substantial compliance with building. life/safety, disability and other
laws, codes and re.gulations of applicable governmental authorities. Tenant
will substantially comply with all applicable laws relating to its possession
and use of the Site.
9. Interference. Tenant will resolve technical interference problems that the
Facilities might cause with (i) olher equipment located at the Site on the
Effective Date, or (ii) when Tenant desires to add additional Facilities to the
Site, any equipment that became attached to the Site between the Effective
Date and such future date. Ukewise, Owner will not permit or suffer the
installation of any equipment on Owner's Property after lhe Effective Date
that: (a) results in technical interlerence problems with the Facilities, or (b)
encroaches onto the Sile.
IO. Utilities. Tenant will pay for all utilities used by it at the Site. Owner
grants to Tenant and the local utility companies (as appropriate) any
easement(s) reasonably required by Tenant or the utility companies in order to
Owner Initials: ---5ka_ 'fJ{)
Tenant Initials: -/L-JL-
Sile Name: SOO&E Tower
provide utility service required by Tenant for its intended use of the Site
throughout tbe illffiaJ Tet.m and each Renewal TCJm.. and Owner will ~e.
at no cost to Tenant or the udlilY companies, any lnstrument(s) reasonably
necessaiy to evldem:e IIUC:b rights. If !here is a loss of elecarical service at die
Site, Tenant may, at its expense, install and maintain a temporary generator
and fuel ston,ge tank at die Site or on Owner's Property a4iaccnt to the Site.
11. Termia11tioa. Notwitblllallding any provision comained in this
Agreement to the contrary, Tenant may, in Tenant's sole and absolute
discretion and at any time and for any or no reason, and upon sixty (60) days
prior writmn DOtice to Owner, terminate this Agreement without fl.lrlher
liability by delivering prior written notice to Owner.
12. Defaalt. If oitbcr pmfy is in default under this Agreement for a period of
30 days full()Wing n:.ceipt of written notice from the non-defaulting party, the
non-defilulting pm1J may pursue any remedies available to it apinst the
defaulting PllrtY at Jaw and in equity, lnoluding. but not limited to, the right to
tenninate this Agreement. If a non-monetaly default cannot reasonably be
cwed within a 30-day period. this Agieement may oot be terminated If the
defaulting party ~ 8lllimi to cure the default within 1he 30-day
period and proceeds with due diligence to fully cure the default
13. l■clan■lty. Extept with respect to Hazardous Substances, which arc
defined and provided for in Section 14 below, Owner and Tenant each
indemnifies and agtees to defend the other against and holds the other
hannless m,m any and all CX1llts (including reMOrulble attorneys' fees),
damages, chums of liability and losses (eollectlvely, "Claims") which arise
out of the negliaencc or intcntiooal misconduct of the indemnifying party, its
agents or contractors. This indemnity is subjffl to the waiver of recovery in
Section J7 bolow, and aoos not app)y to any claims arising from the
negligcooc nr inteolional miseonduct of the indemnified ()llrty, its agents or
oontmctors. 1.'he indemnity obligatioos under this Section will survive
termination of this Agreement
14. llnardolll Sul!IIIBaces. Owner represents and wammts to Tenant that it
has no knowledge of any substana; chemical or waste on or affecting
Owner's Property that is identified as hazardous, toxic or dangerous In any
applicable federal, state or local law or regulation (colJeclively, .. Hazardous
Substance"'). Notwitbslaod"mg any provision l:Olltllined in this Agm,ment to
the contrary, Owner will have sole responsibility fur the klenti&ation,
investigation, monitoring and mnediation and cleanup of any Hazardous
Substance discovered on Owner's Property, and Owner agrees to indemnify,
defend· anct bold llanntllss Tenant· »om any and· atl Curims relating to any
Hazardoos Substlnce pniscnt on or aftecting Owner's Property prior to or on
the Term Cmnmcncemeot Dak, unless the presence or relcme of the
Hazardous Substanee is caused by the activities of Tenant Tenant will not
ifttmduoe•• VSC·111tY·ffaaRblt Subsmnce on lie·• m·violaoon ·of·any
applicable Jaw, and Tenant wi'D indemnify, defend and hold harmless Owner
ftom and apillst all Cl.aims arising out ofTe.nant's breach of this sennmce.
Owner will not introduce or use any Hazardous Substance oo Owner's
Propeay.aviolatioa.otanyapplkahle ,_., and.O'wacr wm.~ deb4
and hold harmless Tenant trom and against all Claims arising out of Owner's
breach of this sam:oce. The provisions of this Section will apply as of the
Effective Dllle. The indemnity obligations 1D1der this Seotion will swvive
termination oftbis Agn.iemfflt
15. SubenUaalioR ud Non-1.>Jeturbanee. This Agreement is subordinate to
any mol1pge or deed of trust of record against the Site as of the Effective
Date. Promptly after this Agreement is fully executed, however, Owner will
obtaia~~ia.aloimreasonal>Jy.~w T.enant
from the holder of any mongaae or deed of tmt.
16. Property Tans. Tenant will pay Owner any iru:mlse in Owner's real
property ma that is direlldy and solely attributable to improvements to the
Site made by Tenant. Ownel'·lffllSt ,.,.prior~delinquenoy, IIIIPfflPeltY tml.lil&
and assessmonts anributablc to Owner's Property. Within 60 days at'la
receipt of evidence of Owner's payment and a completed Tax Jnaease
Wmksheel: in the furm of Exhibit C atlllched, Tenant will pay to Owner any
increase in. Owner's INI p;ope,ty. taxes which. Owner. ~ to
Tenant's satisfaction, is directly llhd solely attributable to any improvements
to the Site made by Tenant.
17. l11111ntace. During the initial Tenn and all Renewal Tenns, each party
will .procure.an.it mainmb.t contmetcial.geaeral liability insunmce. with ~ ..
of not leq lhan Sl,000.000 wmbined single limit per occurrence. and
$2,000.000 ~ and will male the other party an additiooal insun:d on
such policy. Within 30 days after receipt of a wrium request from the other
patty. eacb party will provjde the ~ party wjti) a Cenificate of
Insurance mdcnoiug the mpmed covcmge. Altematively, each party will
have die option of providing the requesting party wilh evideooe of such
coverage olew'onically, by providing the requesting party wilh a Uniform
Rev. Olf31/2006
Site ID #:SD34XC86ID
Resoun:.e Locator ("URL; link: to access such party's Memonmdwn of
Insunmoe websilo. Each party will cause eadl KISlll'IUX:e policy obwned by .it
to provide that 1he lllSUrllRCC company waives all rights of ~ by
subrogation against 1he other party in connection with any damage covered by
the policy. Bach party waives its right of recovery against the other for any
loss or damage covered by any property insurance policies maintained by the
waiving party.
18. Mahlteaance. Tenant will be responsible fur repamng and maintaining
the Facilities and any other improvements installed by Tenant at the Site in a
proper operating and reasonably safe condition; provided, bcfflcvcr. if any
repair or maintenance is required due to the acls or omistdonr of Owner, its
agents, oontractoB or employees. Owner will promptly reimburse Tenant fur
the reasonable rosts incurred by Tenant to rest<n the damaged areas to the
condition which existed immediately prior theR:ro. Owner wm mainlain and
repair a1f offier portions of OWners Property in a proper operating and-
reasonably Slife condition.
19. Misullaaeou. (a) This Agreement applies to and binds 1hc heirs,
successois. execum, administrators and assigns of the parties to this
Agreement; (b) this Agreement is governed by the laws of the stati, Jn which
the Site is tOOlll.ed; (c) Owner agrees to promptly execute and deliver to
Tenant a NCOrdablc Memorandum of Agreement in the fbrm of Exhibit D,
attached; (d) this Agreement (including the Exhibits and Riden) constitule&
ffie enure agrecmet1t tietween die parties ana-supmellcs aft prior writtal amr
vefbal agreements, representations, promises or understandings between the
parties. Any amendments to this Agreement must be in writmg and executed
by both parties; (e) If any provision of this Agreement is invalid or
unembroeable·witfl·re,peet to· any·party; 1M lanaillder of-this ~·or-
the application of the provision to persons other than those as to whom it is
held invalid or unenfurceable, will not be aftl:eted and each provision of this
Agreement will be valid and enforceable to lhe ftlllcst extent pennitted by
-, and-(1,-the ('Mailillg ~ iA-aay-81lUOA··• pmmiliag •·OIMt-•
mutually agreed upon arbitration proceeding to enb:ee the terms of this
Agreement is entitled to recme its reasonable attorneys• fi:es 1111d Olher
reasooablo enforcement costs and expenses mm tho non-prevailing party.
ZO;·Non.Jhdfng-Utd·Pulfy-Buaded.-This·~is·tbr ~·
purposes only and does not constitu1e a formal off'er by cit.her party. This
Agreement is not and will not be binding on either party until and unless it is
fully executed by both parties.
The fot1owing Bxllibils lllllfRidcrs are affllebccHo and tnadt a part oftbis
Agteement: Exhibits A, B,C, and D.
OWNER:
Weat Blldf Nlll'th H-tttn Anoeltlll8n
a California multttll hene/h~=
By: -~
Name: Nancy Schuth
Title: Treasurer
Date:
By:~
Name: ~
Title: Secn:1ary ,· /' (P
0ate: • l~d
Taxp!IJCt ID; 95..3 -,;·
Alldmss: C/0 Bruner & Rosi Muagement,. Inc,
5651 Palmer Way, Suit.e A
cartsbad,CA92010
Contact Pllono Number: (760) 603-9404 Ext. 11 S
Site Name: SDG&E Towec Site ID #:SD34XC861D
EXHIBIT A
TO SITE AGREEMENT
Legal Description of Owner's Property
The Owner~ s Property is located at Assessor~s Parcel No. 215-052;. 13~1, situated in the City of Carlsbad; County of San Diego, State
of California, commonly described as foJlows:
Insert Legat».rmtton:
ALL THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 79-28, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF NO. 10067, FILED IN THE OFFICE OF THE SAN
DI.EGO COUNTY RECORDER ON-APRIL 20, 1981, SHOWN AND DEFINED AS "COMMON AREA" ON THE
CONDOMINIUM PLAN RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867, OF OFFICIAL RECORDS OF
SAID COUNTY.
RESERVING TIIEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MARCH 4, 1982 AS INSTRUMENT/FILE NO. 82-059867 OF
OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO.
EXCEPT THEREFROM ALL THOSE UNITS SHOWN AND DEFINED AS UNIT NO(S). 1 THROUGH 50, INCLUSIVE,AS
SHOWN ON SAID CONDOMINIUM PLAN.
ALSO EXCEPT THEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LOT WHICH UNDERLIE A
PLANE PARALLEL TOAND-S~·FEET BEL-OW THE PRESENT SURFACE OF SAID LOT FOR THE PURPOSE OF THE
EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTlON AND TAK.ING OF SAID MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LOT BY MEANS OF MINES, WELLS,
DERRICKS OR OTHER EQUIPMENT FROM SURF ACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR
LYING OUTSIDE OF THE ABOVE DESCRIBED LOT, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS,
OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET TIIEREOF ABOVE, SHALL
HA VE NO RIGHT TO ENTER UPON THE SURFACE OF ANY PORTION TIIEREOF ABOVE SAID PLANE PARALLEL TO
AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR ANY PURPOSE WHATSOEVER.
Assessor's Parcel No.: 215-052-13-01
Rev. 01/31/2006 Owner Initials:~ WI)
Tenant Initials: -v-r
Site Name: SDG&E Tower Sire ID #:SD34XC861 D
EXBIBlT-Jl.
TO SITE AGREEMENT
Site Plan
The Site is described as follows:
Insert SHe Plan:
Please see attached.
Note: Owner and Tenant may, at Tenant's option, replace this Exhibit with an exhibit setting forth the legal description of the Site, or
an as-built drawing depicting the Site. Any vis'181 or textual representation of the Facilities is illustrative only, and does not limit the
rights·ofSprint/Nextel-as·provided·forin"tbe:Agreement. Without limitingthe genaality ofthe foregoing:·
1. 1be Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities.
2. The access road's width may be modified as required by governmental authorities, including police and fire departments.
3. Withoot limiting Tcmmt'srigbttomake future changes, Tenant intends to initially i:nstaHupto·tweive{i2) mrtennas, fifteen (15)
coaxial cables and three (3) OPS signal units and connections (the type, nwnber, mounting positions and locations of which are
illustrative only; actual types, numbers. mounting positions and locations may vary from what is shown or described above).
4. The locations of any access and utiJity easements are illustrative only. Actual Jocations may be deter.mined by Tenant and/or the
servicing utility company in compliance with local laws and regulations.
Rev. 01/31/2006 Ownerlnitials:~ '(\T"1)
Tenant Initials:~
\
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\
SITE PLAN
\
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\
~~
.. •_:z;._ -· .:... I . __,. .. -:-~ -/.
/ : /
/ l/
SDG&E STEEL POI.E
$034XC861D
11111tt#N1,U,OHUlfill.
-.-0.<A_ ... ._,_
08/29/06 11
ro• ZONING _J
Site Nmne: SDG&E Tower Site ID #:SD34XC861D
EXHIBITC
TO SITE AGREEMENT
Tax Increase Worksheet
When Owner's real property tax is increased due directly and solely to improvements to the Site made by Tenant, this
Worksheet must be completed and returned to Tenant together with a statement requesting reimbursement of the
assessment and all necessary tax bills to: Sprint/Nextel Property Services, Mailstop KSOPHf0101-Z2650, 6391 Sprint
Parkway, Overland Park, Kansas 66251-2650, Attention: Property Services. Owner must validate that the assessment is
directly and solely attributable to improvements to the Site made by Tenant.
Site ID#: SD34XC861D
Site Address/Description: 1926 Swallow Lane, Carlsbad, CA92009-·
Tax Jurisdiction Name (County/fowo): _San-'-'--'Di---'-·e..,.go_C_o_un_ty-"-------------------
Tax Jurisdiction Parcel#: 215-052-13-01
State: California
Assessor must provide an explanation of any increase in Owner's property value. This includes a breakdown of what
portion of value is directly and solely attributable to Tenant's equipment on the Site.
Year Increase Occurred:
Market Value Prior to Sprint/Nextel:
Market Value After Sprint/Nextel:
Portion of Mal'ket Value Due to Sprint/Nextel:
Assessed/faxable Value Prior to Sprint/Nextel:
Assessed/faxable Value After Sprint/Nextel:
Portion of Assessed/faxable Value Due to
Sprint/Nextel:
Property Owner must attach copies of all tax bills/stalements and receipts beginning with the year prior to the year the
increase occun-ed due to Tenant's improvements.
Rev. 0l/31fl006 Owner Initials:~ yt()
Tenant Initials:~
Site Name: SDG&E Tower Site ID #:SD34XC861D
EXHIBITD
TO SITE AGREEMENT
Memorandum of Agreement
This Memorandum of Agreement ("Memorandum") dated _________ ___, 20 _, evidences that a Site Agreement (the
"Agreement") dated ------~ 20_ (the "Effective Date"), was made and entered into between West Bluff North
Homeowners Association, a California mutual benefit corporation ("Owner'') and Sprint PCS Assets, L.L.C., a Delaware limited
liability company e'Sprint/Nextel" or "Terianf').
The Agreement provides in part that Sprint/Nextel has the right to enter upon certain real property owned by Owner and located at
Assessor's Parcel No. 215-052-13-01, City of Carlsbad, O>untyofSanDiego, S1ateofCalitbmia, as further descn'bed in the Agreement (the
"Site") for the purpose of performing investigations and tests and, upon finding the Site appropriate, to lease the Site fur the purpose -of
instaJling, operating and maintaining a communications facility and other improvements. The Site is further described in Exhibit A
attached hereto.
The tenn of Sprint/Nextel's lease and tenancy under the Agreement is 5 years commencing thirty (30) days after the start of
construction of the Facilities (as defined in the Agreement) or eighteen (18) months following the Effective Date, whichever flISt
occurs ("Tenn Commencement Date"), and is subject to 5 renewal te:nns of 5 years each that may be exercised by Tenant.
The parties have executed this Memorandum as of the day and year first above written.
OWNER
West Bluff North Homeowners Association
a Caltfomta mutual benefit corporation
By:
Name: Nancy Schuth
Title: Treasurer
By:
Name: Jeanette Lewis ____________ _
Title: Secretary: ______________ _
Address: C/O Bruner & Rosi Management., Inc.
56.51 Palmer Way, Suite A
Carlsbad, CA 92010
Email Address: _______________ _
Contact Phone Number: (760) 603-9404
Attach Exhibit A ~ Site Description
Rev. 01/31/2006
SPRINT/NEXTEL
Sprint PCS Assets, l.L.C.
a Delaware limited liability company
By:
Name:
Title:
Address: ________________ _
Sprint/Nextel Property Services Hotline: 800-3'7-7641
Owner Initials:-W-Y\'I)
Tenant Initials: -=-r
Site Name: SDG&E Tower
OWNER NOTARY BLOCK:
STATE OF CALIFORNJA
COUNTY-OF SAN DIEGO
Site ID#: SD34XC861D
The foregoing instrument was (choo,e one) Oattested or Oaclmow1edged before me this------~-day of
_______ _, 20__, by (choore one)□, ___________ as an individual, 0
__________ __, as ___________ of __________ ___,. a
__________ corporation, on behalf of the corporation, or D partner or agent on behalf
of _________ _, a ___________ partnersbip.
(AFFIX NOT ARIAL SEAL)
My commission expires;
ST ATE OF CALIFORNIA
COUNTY OF SAN DIEGO
(OFFICIAL NOTARY SIGNATURE)
NOT ARY PUBLIC STATE OF
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
The foregoing instrument was (choose one) □attested or Oacknowledged before me this ------~-day of
-------~ 20__, by (choose one) 0 as an individual, 0 __________ __,,as ___________ of __________ --"a
__________ corporation, on behalf of the corporation, or O partner or agent on behalf
of _________ __, a ___________ partnership.
(AFFIX NOTARIAL SEAL)
My commission expim.:
(OFFICIAL NOTARY SIGNATIJRE)
NOTARY PUBLIC STATE OF
(PRINTED. TYPED OR STAMPED NAME OF NOT ARY)
COMMISSION NUMBER:
Site Name: SDG&E Tower
SPRINT/NEXTEL NOTARY BLOCK:
STATE OF CALIFORNIA
COUNlYOF _____ _
Site ID#: SD34XC861D
The foregoing instrument was (choose one) Oattested or Oacknowledged before me this ------=.---day of
_______ _, 20___, by (choose one) O, _______ --,-___ as an individual, D
__________ __,as ___________ of=-·------------Ta
--=-----------corporation, on behalf of the corporation, or D partner or agent on behalf of _________ _Ja ___________ partnership,
(AFFIX NOTARIAL SEAL)
My commission expires:
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
(PRINTED, lYPED OR STAMPED NAME OF NOT ARY)
RECORDJNO REQUESTED BY AND
WHEN RECORDED, RETURN TO:
SPRINT/NEXTEL
310 COMMERCE, SUITE 100
IRVINE, CA 92602
Site I.D.: SD34XC861-D
APN: 215..052-U-0l
SPACE ABOVE THIS LINE FOR RECORDERS' USE
Memorandum of Agreement
This Memorandum of Agreement ("Memorandum') dated \J~ d-.:6 , 20°'2, evidences that a
Site Agreement (the "Agreement") dated M~ ]., <n , 2006 (the "Effective Date"), was made and
entered int.o between West Bluff North Homeowners Association, a California mutual benefit corporation ("Owner")
and Sprint PCS Assets, LLC~ a Delaware limited liability company ("Sprint/Nextel,. or ''Tenant").
The Agreement provides in part that Sprint/Nextel has the right t.o enter upon certain real property owned by
Owner and located at Assessor's Parcel Number 215-052-13-0I, City of Carlsbad, County of San Diego, State of
California, as further described in the Agreement (the "Site") for the purpose of performing investigations and tests
and, upon finding the Site appropriate, t.o lease the Site for the purpose of installing, operating and maintaining a
communications facility and other improvements. The Site is further descn"bed in Exhibit A attached hereto.
The term of Sprint/Nextel's lease and tenancy under the Agreement is 5 years commencing thirty (30) days
after the start of construction of the Facilities (as defined in the Agreement) or eighteen (18) months following the
Effective Date, whichever first occurs ("Term Commencement Datej, and is subject t.o S renewal terms of 5 years
each that may be exercised by Tenant
[Signatures Follow]
1
The parties have executed this Memorandum as of the day and year first above written.
OWNER
West Bluff North Homeowners Association,
a California mutual benefit corporation
Name: Nancy Schuth
Title: Treasurer ,C>_ ,
By: 9r,4~ ~
N~eanette Lewis
Title: Secretary
Address: C/O Bruner & Rosi Management. Inc.
5651 Palmer Way, Suite A
Carlsbad, CA 92010
Contact Phone Number: (760) 603-9404
SPRINT/NEXTEL
Sprint PCS Assets, L.L.C.,
a Delaware limited liability company
By· .0~e:
N~e:~~
Title: t1A-"1'1t ~~ '
Sprint Contracts & Perfonnance Hotline: (800) 357-7641
2
EXIIlBIT A
TO MEMORANDUM OF AGREEMENT
The Sire is located on a parcel situated in the City of Carlsbad, County of San Diego, State of California,
commonly described as Assessor's Parcel No. 215-052-13-01, and is more particularly described as follows:
ALL TIIA T PORTION OF LOT l OF CARLSBAD TRACT NO. 79-28, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFO~ AS SHOWN ON A MAP THEREOF NO. 10067,
FILED IN THE OFFICE OF THE SAN DIEGO COUN1Y RECORDER ON APRIL 20, 1981, SHOWN AND
DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED MARCH 4, 1982 AS
INSTRUMENT/FILE NO. 82--059867, OF OFFICIAL RECORDS OF SAID COUNTY.
RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MARCH 4, 1982
AS INSTRUMENT/FILE NO. 82--059867 OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW
OR HEREAFTER RECORDED AMENDMENTS THERETO.
EXCEPT THEREFROM ALL THOSE UNITS SHOWN AND DEFINED AS UNIT NO(S). 1 rnROUGH 50,
INCLUSIVE, AS SHOWN ON SAID CONDOMINIUM PLAN.
ALSO EXCEPT THEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON
SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED
FROM SAID LOT WI-DCH UNDERLIE A PLANE PARALLEL TO AND 550 FEET BELOW THE
PRESENT SURFACE OF SAID LOT FOR TIIE PURPOSE OF THE EXPLORATION, DEVELOPMENT,
PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTIIER
HYDROCARBON SUBSTANCES AND WATER FROM SAID LOT BY MEANS OF MINES, WELLS,
DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR
NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LOT, IT BEING
UNDERSTOOD TIIA T THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND WATER, AS SET THEREOF ABOVE, SHALL HA VE NO RIGHT
TO ENTER UPON THE SURFACE OF ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL
TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LOT FOR ANY PURPOSE
WHATSOEVER.
Assessor's Parcel No.: 215-052-13~01
3
OWNER NOTARY BLOCK:
ST ATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On ll-"Z,4· . 2006 before me, J to..VU VlJ t<obu-S.lfh (notary public], personally appeared.
_T( IJU.ti.l.~:f. \..u,\J i,s. personally known to me (or 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/she executed the same in his
authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument
WITNESS my hand and official seal.
Signature
Gs~T~ \
My Commission Expires: -;. ,.. l (o -'Z () ( '()
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
This area for
official notarial
seal
~ \ l -Z + 2006 before me. J" .y.¥\J 1M, \2obu ~ [notary pubJic], personally appeared,
Wt:t>;:S<,b'½-+:~ personally known to me (or proved to me on the basis of satisfactory evidence) to be
the perso hose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in
hi$/lter 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.
WITNESS my hand and official seal.
My Commission Expires: --~-"'--'-={o'---?."--o_\_0 __ _
4
This area for
official notarial
seal
JIANINE ROIIRSON
CommlUIOn # 16$2200
. PUbllc -CallfOmla
Ian Diego County -
SPRINT NOTARY BLOCK:
STA TE OF CALIFORNIA }
} ss.
COUNTY OF SAN DIEGO }
On ~V.e-MbeQ~ 2006 before me, f(lAA/1.L, L,.., °FD(" c\ , [notary public} personally appeared,
''.J5ii t\. · Q.df\-0'\ personally known to me ( or proved to me on the basis of satisfactory
evidence) to be the personOO whose name(') is/et subscn"bed to the within instrument and acknowledged to me that
he/shelfhey executed the same in his/h.-.41Mir authorized capacity~) and that hisAtePltlteir signature(,') on the instrument
the person(J) or the entity upon behalf of which the p~ acted, executed the instrument
WITNESS my bond and official seal.
My Commission Expires: q /1..LR / zo lO
5
This area for
official notarial
seal
~ e:: ~--.--E3,.. L ._. F F ............. c::::::> ~ -....-1-w
February 3, 2006
Dear West BluffNorth Homeowners:
Best wishes to all of you for a healthy, happy and prosperous year in 2006.
The Association has received many positive comments regarding the wood damage repairs to buildings J, 2, and
3 along with the new paint colors. We look forward to completing bui]dings 4 and 5 after the rainy season,
In December and January the Board reviewed the costs of the wood repairs and paint for the first three
buildings. Unfortunately, after 20 years of wear and tear, the cost of the wood repairs has been much more
expensive than initially anticipated and yet it made no sense to paint a building in need of repair. Please see the
attached schedule for a complete breakdown of the expenses to date and the projections for completion of the
project
The $7,500.00 Special Assessment that was approved in 2004 included estimated costs for the replumb, stucco
repairs and painting of all five buildings. The additional expense of repair for wood railings was significantly
more expensive than expected. The total cost for completing the total replumbing, wood repairs and painting
project turns out to be $452,799.35, this leaves the Association with a shortfall of $77,799.00 from the initial
assessment. The board sees no alternative to seeking approval for an additional $ J. 700.00 Special Assessment
to cover the additional costs plus unforeseen costs in 2006 to be paid in four (4) installments. In order to
proceed as quickly as possible, please review the attached ballot and return it before March 1, 2006 ..
On a financially positive note, the Board of Directors has been approached by Sprint PCS, LLC requesting that
the Association enter into an agreement to allow them to install an antenna (for better wireless. coverage) on the
SDG&E power pole west of building #1. The antenna would be accompanied by a 240 sq ft equipment room on
the west side of the SDG&E easement (closer to the street). In return Sprint PCS, LLC has proposed to pay the
WBN Association $600.00 per month for the first five year term of the lease, a total of $7,200 per year. In the
second tenn it would increase to $8,280 per y~ and on up to $12,592 in the fifth term. It will take
approximately ten to twelve months before the installation can be completed. In order for the Association to
take advantage of this proposal the Board of Directors must enter into a five year contract that includes four
fiv~ year renewal terms. Approval of the contract requires the vote of the majority (26) of West Bluff North
homeowners. The board can find no reason not to proceed with this revenue.generating project and urges you to
vote yes on the enclosed ballot and return it by March l, 2006.
ff you have questions, please attend a special meeting scheduled for February 20th at 6:30 in the offices of
Bruner and Rosi or send your questions in writing to management at 565 l Palmer Way. Suite A, Carlsbad
920m. The second quarter April I 0th Board Meeting will still be held starting at 6:30 p.m. at the offices of
Bruner & Rosi Management at the address listed below.
Sincerely.
West BluffNorth Board of Directors
• (760) 503.9404 • Fax (760) 603--9404 • email: audre'l@l3runerRosimgtcom •
Bruner & Rosi Management, Inc. 5651 Palmer Way, Suite A Carfsbad, CA 92010-9404
May 1, 2013
City of Carlsbad
Planning Commission
1635 Faraday Avenue
Carlsbad, CA 92008
To: Carlsbad Planning Commission
Re: Opposition of the Sprint's Proposed Wireless Equipment Room Location
Project Name: CUP 12-13/SUP 12-02 -SDG&E Steel Pole WCF
Dear Planning Commissioners:
Enclosed you will find 26 signed petitions by individual homeowners within the West
Bluff North Condominium Community. The homeowners have signed to oppose Sprint's
proposal to build an equipment building on the southeast side of our tennis court within
our grassy common area. This site was not approved by the homeowners.
We, the homeowners, hereby petition Sprint and the Board to seek a new site location for
the equipment room.
Regards,
Concerned Homeowners of West Bluff North
Petitions signed by WBN Homeowners
Petitions Unit# Owner
1 1912 Edie, Don & Leona
2 1914 Richardson, Margaret
3 1916 Edie, Don & Leona
4 1918 Mccollum, Elizabeth
5 1920 Hill, Taylor & Maureen
6 1922 Uecker, Suzanne
7 1924 Malubay, Elizabeth
8 1926 Allen, Helene
9 1928 Leach, Curtis & Kristi
10 1936 Whitmore, Mark & Maureen
11 1938 Holbert, Ben
12 1940 Salmi, Ella
13 1942 Lauber, Larry
14 1947 Smith, Joseph & Amy
15 1950 Salbato, Garrett & Tracy
16 1951 Reid, Daniel
17 1952 Parman, Michele
18 1954 Sopczyk, Stanley
19 1960 Thompson, LP.
20 1962 Winfield, Nicole
21 1964 J & E Inc. (owns 1964 & 1967)
22 1965 Next Step --Knowles
23 1966 Clark, Deanne M.
24 1967 J & E Inc. (owns 1964 & 1967)
25 1969 Bahramizadeh, Firoz
26 1970 Fagan, Eric
50 HO's (26 signed petitions) = Majority
March 21, 2013
Petition in Opposition to Sprint1s Proposed
Wireless Equipment Room Location
··---------------------------------
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)." .,:dL"
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowner -Address:
CA
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street}."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowner -Address:
h. (\--IV~
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
_ #L The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
~ Print Name(s): [)o,,,)4 L.}) 6/)/ C-,/ L&tJ/1/A' L=-'-tl/C-
~ Signature(s): ____ ..... o(...,..J ..... &""".1 ..... 1--:Pna.--~,,a;,,,-----£-~--~-----------
West Bluff North Homeowner -Address:
J 'rl 6
el
i March 21, 2013
i
Petiti n in Opposition to Sprint's[ Proposed
W1reless Equipment Room L0cation
To: The Wes Bluff North Board & Sprint/Nextel
Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
'
" ... install an ~ntenna (for better wireless coverage) on the SOG&E power pole west of building
#1. The antenn~ would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easem nt (closer to the street)." l
And Whereas, he Board further declared in same letter that, "The board can find no reason
I not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and retu n it by March I, 2006." i
And Whereas, print's "land Use Review Application" now proposes to ~uild its WCF
equipment roo on West Bluff North's grass covered common area just ~outheast of the
Association's t ,nnis court, clearly NOT within the area described in the Bpard's February 3,
2006 letter desrbed above. :
And Whereas, ]he Sprint proposed location presents issues and is less th~n fair and equitable
to all. 1 I
i
The West Bluff r,iorth Homeowners are hereby asking the Board and Sprint to engage in
meaningful gooJ:1 faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neigh\bors!
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOTwithin the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowner -Address:
-WEST BLUFF NORTH HOMEOWNERS ASSOCIATION
HOMEOWNER BALLOT
-------------------,----------------,
INSTRUCTIONS: . '• .
1. Please complete items [A) and [B], and
2. Return this ballot in-the env~lope provided on or b~fore:
March 1. 2~06
Ballots must be postmarked by the above date
. in order to be counted. The Board of Dlrecto~ may extend this .
• • ·-deadline, if necessary. •
r--_·-_____ ._-_.·_· _________ ·._:_P_;:_ase_·_~_io_o~_o_:_~_~_~_ra_t~-~-~-l~-ni_o
00_re_~-~-~-~~~-d-~~~:in_~_m:·:_·-_-_··-_·-_-_··_·_··· ______ ~
ACTION FOR VOTE: Sprint PCS flve~year contract with the option of four five year
• extensions for a Antenna Facility on SDG&E's Pole and Equipment room on Common Area
Easeme~t. C~st my VQte as follows: • • • • • . . .
[A] -Enter your vote here, mark only one: •
[ ] . AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A FIVE-YEAR
CONTRACT WITH FOUR FIVE-YEAR EXTENSIONS WITH SPRINT PCS.
DO NOT AUTHORIZE THE BOARD OF DIRECTORS TO ENTER INTO A
CONTRACT WITH SPRINT PCS. •
[Bl -Complete the information below:
@L>lrra •
Date I
/=/2,1. ~W/rlt,Oe--J ~--(At.l~ ~ &1--&J..z,Dd a,
Property' Address
Signature -~I-~
To authorize the acceptance of the Sprint PCS contract. owrters of at least 26 condominiums (60% of the AssociatiOn votll'lg power). must
vole lo authorize accepting the Sprint PCS contract.
To Meet quorum Requirements. responses from owners of at least 26 _condominiums must be received (a majority of the Association membership}. •
Whefl you specify a ~holce_ on this ballot, your vote will be east in &CGOrdam:e with that choiCe.
SD227639v1
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SOG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowher -Address:
I c, i 4 Swq_ \ \ o Lu lPi u ~
C®s\oocl Ctr ct~ o o °)
lYl ALU f-3A
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowner -Address:
. I fM ~ttl(fuJ ~
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, ''The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
~ Print Name(s):__._,.,..._,...__C/ ____ r--_f ___ )_e____c:z_c... _/ ______ _
Signature(s): __ w"""--'-"-"'+---..:;..~_c;..;;---------------------
West Bluff North Homeowner -Address:
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Roo.m .Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Boafd of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the ~omeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipm!ent room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urge~ you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered commoh area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues arid is less than fair and equitable
to all. •
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in I
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -! we are all neighbors!
Signature(s):
West Bluff North Homeowner -Address:
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
West Bluff North Homeowner -Address:
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement ( closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors! * Print Name(s): .t/1,g;i,/;,N,:,/,z1 ~,011 i
Signature(s): ----~--t:~-'"'-~"'"'/l~~'""'<-:;rr""'..:..;,,?c.,.~E!::,,-.... _~:;...:;:::,,c.<....:...=-==---il<l4..._e· ________ _
West Bluff North Homeowner -Address:
el
March 21, 2013
Petiti • n in Opposition to Sprint's !Proposed
Wireless Equipment Room Lo~ation
To: The Wes Bluff North Board & Sprint/Nextel
Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Direc~ors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowne~s to authorize the
Board to enter nto an agreement with Sprint/Nextel which would allow ~print to:
i
" ... install an a tenna (for better wireless coverage) on the SDG&E pow~r pole west of building
#1. The antenn would be accompanied by a 240 sq ft equipment room qn the west side of the
SDG&E eoseme~t (closer to the street)." ,
And Whereas, +he Board further declared in same letter that, "The boaJ can find no reason
not to proceed ith this revenue-generating project and urges you to vote yes on the enclosed I
ballot and retu n it by March I, 2006." !
And Whereas, print's "land Use Review Application" now proposes to build its WCF
equipment roof on West Bluff North's grass covered common area just ~outheast of the
Association's t7nnis court, clearly NOT within the area described in the Bbard's February 3,
2006 letter desribed above.
1
And Whereas, he Sprint proposed location presents issues and is less than fair and equitable I to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful go d faith negotiations to relocate Sprint's wireless commun,cations equipment
room to a locat on that does not disadvantage some homeowners for th~ benefit of others -
we are all neig 'bors!
~ Print Name(s): &!f-t!Z /4 y LI/. u(Pci!._.
~ Signature(s): --+--=-~,....--h __ ~_-_____________ -+--------
West Bluff No wner -Address:
-u/L~
i I
I i
March 21, 2013
Petiti n in Opposition to Sprint's /Proposed
Wi eless Equipment Room Lotation
To: The Wes Bluff North Board & Sprint/Nextel
Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Di rec ors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeownefs to authorize the
Board to enter nto an agreement with Sprint/Nextel which would allow Sprint to: I
" ... install an a tenna (for better wireless coverage) on the SDG&E powJr pole west of building
I ' #1. The antenn; would be accompanied by a 240 sq ft equipment room Jn the west side of the
SDG&E easem nt (closer to the street)." /
I
And Whereas, he Board further declared in same letter that, ''The boar~ can find no reason
I
not to proceed with this revenue-generating project and urges you to vole yes on the enclosed
ballot and retu n it by March I, 2006."
And Whereas, print's "Land Use Review Application" now proposes to ?uild its WCF
equipment rool on West Bluff North's grass covered common area justlsoutheast of the
Association's tinnis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above. j
And Whereas, he Sprint proposed location presents issues and is less t]
1
an fair and equitable
to all.
The West Blu North Homeowners are hereby asking the Board and Sp int to engage in
meaningful gocpd faith negotiations to relocate Sprint's wireless commu1ications equipment
room to a location that does not disadvantage some homeowners for th/e benefit of others -
we are all neig~bors! ,
I
Petition in Opposition of Sprint~s Conditional Use Permit
To: The City of Carlsbad Development Services Panning Division
The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the "LAND
USE REVIEW APPLICATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted
by Sprint on October 24, 2012 for the following reasons.
The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period
of one year or more must be approved by the majority vote of its members.
On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The
antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement
(closer to the street)." (Language taken from the Boards Ballot Instruction Letter provide the homeowners
with the Ballot to approve the Sprint request [February 2, 2006])
The Map attached on the reverse side of this petition letter depicts the approved area for the location of the
Sprint Wireless Communication Facility (WCF) equipment room. This depicted area (" ... on the~ side of
the SDG&E easement") is the only area the association has ever voted on.
Sprint's "Land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass
covered common area just southeast of the Associations tennis court (this location is also depicted on the
attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners.
In addition to having no homeowner approval, the Sprint proposed location presents additional concerns:
1. View Area-the location that Sprint selected is a premium ocean view area; all architectural efforts to get
the building to blend with the other buildings will do nothing for the lost ocean view shared by all the
homeowners in this common area.
2. Residential Location -Whereas the association approved area is in a power line easement area close to El
Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health
concerns are at issue.
3. Increased Footprint -The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft
building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed
to a power line easement area) the necessary landscaping for blending /stealth appearance will close to
double the approved footprint. Why shoµld the homeowners have to donate the landscaping area to the
Sprint project?
4. Loss of Property Value -because of the reasons stated above and the known stigma that having an
equipment home in close proximity to a residential area, the homeowners' property values will suffer.
This argument is supported by the fact that many real estate professionals warn that not disclosing the
existence a WCF could lead to seller liability for failure to disclose such.
It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment
room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint
site proposal southeast of the tennis court. Hence it is hereby requested that the City of Carlsbad only allow Sprint
to develop its we: equipment room w.lthin the association appr7?1 th'.:__ attached map.
Print Name GA,;Q~ <;~ Signed _ _,~~ _____ v_:;:;; _________ _
West Bluff North Homeowner-Address: __ /_9_)_'°0 ___ ~_k./l-"--~-~-----L{) __ <t'ft/._...c..-'lf__,_. ____ _
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement {closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
Print Name{s): ~~~J;:::· S==lv ______ _
Signature(s): ~ ---------------------------
West Bluff North Homeowner -Address:
\ °l S\ 5 w A.U~<{J LJ
-Petition in Opposition of Sprint's Conditional Use Permit
To: The City of Carlsbad Development Services Panning Division
The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the "LAND
USE REVIEW APPLICATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted
by Sprint on October 24, 2012 for the following reasons.
The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period
of one year or more must be approved by the majority vote of its members.
On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The
antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement
( closer to the street)." (Language taken from the Boards Ballot Instruction Letter provide the homeowners
with the Ballot to approve the Sprint request [February 2, 20061)
The Map attached on the reverse side of this petition letter depicts the approved area for the location of the
Sprint Wireless Communication Facility (WCF) equipment room. This depicted area(" ... on the west side of
the SDG&E easement ") is the only area the association has ever voted on.
Sprint's "Land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass
covered common area just southeast of the Associations tennis court (this location is also depicted on the
attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners.
In addition to having no homeowner approval, the Sprint proposed location presents additional concerns:
1. View Area-the location that Sprint selected is a premium ocean view area; all architectural efforts to get
the building to blend with the other buildings will do nothing for the lost ocean view shared by all the
homeowners in this common area.
2. Residential location -Whereas the association approved area is in a power line easement area close to El
Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health
concerns are at issue.
3. Increased Footprint-The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft
building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed
to a power line easement area) the necessary landscaping for blending /stealth appearance will close to
double the approved footprint. Why sho~ld the homeowners have to donate the landscaping area to the
Sprint project?
4. Loss of Property Value -because of the reasons stated above and the known stigma that having an
equipment home in close proximity to a residential area, the homeowners' property values will suffer.
This argument is supported by the fact that many real estate professionals warn that not disclosing the
existence a WCF could lead to seller liability for failure to disclose such.
It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment
room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint
site proposal southeast of the tennis court. Hence it is hereby requested that the City of Carlsbad only allow Sprint
to develop its WCF equipment room within the association approved area as depicted on the attached map.
PrintName/Y/1/iJ/Ue E4tmllo Signed ;1//ithtiit f~
West Bluff North Homeowner -Address: ;q5 2-[wa4to t-d b1/l.,IL..-
-Petition in Opposition of Sprint's Conditional Use Permit
To: The City of Carlsbad Development Services Panning Division
The undersigned hereby petitions the City of Carlsbad Development Services Panning Division to DENY the "LAND
USE REVIEW APPLICATION" for a Conditional Use Permit (Project Name: SD34XC861 SDG&E Steel Pole) submitted
by Sprint on October 24, 2012 for the following reasons.
The West Bluff North Homeowner association's "DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS" requires that any contract binding the association for a period
of one year or more must be approved by the majority vote of its members.
On March 1, 2006 the association homeowners voted on and approved a Sprint/Nextel proposal to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building #1. The
antenna would be accompanied by a 240 sq ft equipment room on the west side of the SDG&E easement
(closer to the street)." (Language taken from the Boards Ballot Instruction Letter provide the homeowners
with the Ballot to approve the Sprint request [February 2, 2006])
The Map attached on the reverse side of this petition letter depicts the approved area for the location of the
Sprint Wireless Communication Facility (WCF) equipment room. This depicted area (" ... on the west side of
the SDG&E easement ") is the only area the association has ever voted on.
Sprint's "Land Use Review Application" proposes to build its WCF equipment room on West Bluff North's grass
covered common area just southeast of the Associations tennis court (this location is also depicted on the
attached map). Clearly, Sprint's proposed location is NOT within the area approved by the homeowners.
In addition to having no homeowner approval, the Sprint proposed location presents additional concerns:
1. View Area-the location that Sprint selected is a premium ocean view area; all architectural efforts to get
the building to blend with the other buildings will do nothing for the lost ocean view shared by all the
homeowners in this common area.
2. Residential Location -Whereas the association approved area is in a power line easement area close to El
Camino, the Sprint proposed location is in a residential/recreational area. Hence noise level & health
concerns are at issue.
3. Increased Footprint -The approved footprint is 240 sq ft.; the Sprint proposal calls for a 287.5 sq ft
building. Moreover, because the Sprint proposal is located in a recreational/residential area (as opposed
to a power line easement area) the necessary landscaping for blending /stealth appearance will close to
double the approved footprint. Why sho~ld the homeowners have to donate the landscaping area to the
Sprint project?
4. Loss of Property Value -because of the reasons stated above and the known stigma that having an
equipment home in close proximity to a residential area, the homeowners' property values will suffer.
This argument is supported by the fact that many real estate professionals warn that not disclosing the
existence a WCF could lead to seller liability for failure to disclose such.
It was for all the reasons stated above and more that the homeowners only approved the Sprint WCF equipment
room to be located in the area located on the west side of the SDG&E easement, and never approved the Sprint
site proposal southeast of the tennis court. Hence it is hereby request that the City of Carlsbad only allow Sprint
to develop its WCF equipment room within the association approv picted n the ached map.
Print Name ,,,,) f:/1-u 5' ~ /C 2-/~ Signed ~,,....~~....i....:;,-:;_.-"-""--hE::::,-o<''-',iC~----
West Bluff North Homeowner -Address: _ __,/---+f_S_'{,,_· __ """'--'"""'te;_(~l ..... (G_;...;· >=LU_ ..... [=---tflp-'-«;.~---
Petition in Opposition to Sprint's
Wi eless Equipment Room Lo
To: The West luff No,rth Board & Sprint/Nextel
March 21, 2013
roposed
ation
Whereas, on Fe ruary 3, 2006, the West Bluff North HOA Board of Direct rs sent the
homeowners a allot and Instruction/Cover letter asking the homeowner~ to authorize the
Board to enter i to an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an a tenna {for better wireless coverage) on the SDG&E powJ pole west of building I #1. The antenn would be accompanied by a 240 sq ft equipment room ln the west side of the
SDG&E easeme t (closer to the street)."
And Whereas, he Board further declared in same letter that, "The boare!I can find no reason
not to proceed with this revenue-generating project and urges you to vo~e yes on the enclosed
ballot and retu n it by March I, 2006." /
And Whereas, p_rint's "Land Use Review Application" now proposes to juild its WCF -....
equipment roo on West Bluff North's grass covered common area just southeast of the
Association's t Innis court, clearly NOT within the area described in the Bjoard's February 3,
2006 letter de cribed above. /
And Whereas, the Sprint proposed location presents issues and is less t an fair and equitable
to all.
The West Blu North Homeowners are hereby asking the Board and Sp int to engage in
meaningful go d faith negotiations to relocate Sprint's wireless commuljlications equipment
room to a loca ion that does not disadvantage some homeowners for t~e benefit of others -
we are all neighbors! ,
!
1 .~ ~ Print Name(s) / ~r o..,JIAt.,
~ Signature(s): __ ..... r_~:_· ~---~_.t;----'---------------+--------
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement ( closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors! ·~ * Print Name(s): '
Signature(s): __,~ ......... ~ ........ i<..--"""""'.,.u..+-~~"llb~'-"'"~=;;;,-'------------
West Bluff North Homeowner -Address:
I? tp 2-SinJiaul N/L,
cmslni c<~ quc9
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for bette'r'wir~l~ss coverage) on t_he SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 Sq ft eq'uipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
-G_r-_ e--.-\ c_ Print Name(s): ~--. .r-: -N
Signature(s): ~S,S,.~ },),.~
West Bluff North Homeowner -Address:
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to alL
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors!
~ / * Print Name(s-:,:):~=:\?~-=-_.::.,-=---=-:::---'---tr➔7r:.___~-+-f-'-..l....!:,[.-=...,,_-=----
signat e(s): --1--~+:--+-<.~1.:.-:..-:..;1-_-:;."21~---------------
West Bluff North Homeowner -Address:
19&5 Sva,l/00 Un e_
JV~k-f St'v> z;,✓.ll{~
P:--~,l._7'ff9/
Petit on in Opposition to Sprint'
ireless Equipment Room L
To: The 1M t Bluff North Board & Sprint/Nextel
March 21, 2013
Proposed
cation
Whereas, on February 3, 2006, the West Bluff North HOA Board of Dir±ctors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeow ers to authorize the
Board to ent r into an agreement with Sprint/Nextel which would allo Sprint to:
• ... install an antenna (for bettefwirOleSs coverage) on the SDG&E pole, pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment roo on the west side of the
SDG&E ease ent (closer to the street)." ..
And Whereas The Board further declared in same letter that, "The boa d can find no reason
not to procee with this revenue-generating project and urges you to vote yes on the enclosed
ballot and ret rn it by March I, 2006." I
And Whereas Sprint's "Land Use Review Application" now proposes to build its WCF
equipment ro m on West Bluff North's grass covered common area jus southeast of the
Association's ennis court, clearly NOT within the area described in the $oard's February 3,
2006 letter de cribed above.
And Whereas, the Sprint proposed location presents issues and is less t , an fair and equitable
to all.
The West Blu North Homeowners are hereby asking the Board and Sp~int to engage in
meaningful go d faith negotiations to relocate Sprint's wireless commu~ications equipment
room to a loca ion that does not disadvantage some homeowners for th benefit of others -
we are all neig bars!
■
March 21, 2013
Petition in Opposition to Sprint's Proposed
Wireless Equipment Room Location
To: The West Bluff North Board & Sprint/Nextel
Whereas, on February 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a Ballot and Instruction/Cover letter asking the homeowners to authorize the
Board to enter into an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an antenna (for better wireless coverage) on the SDG&E power pole west of building
#1. The antenna would be accompanied by a 240 sq ft equipment room on the west side of the
SDG&E easement (closer to the street)."
And Whereas, The Board further declared in same letter that, "The board can find no reason
not to proceed with this revenue-generating project and urges you to vote yes on the enclosed
ballot and return it by March I, 2006."
And Whereas, Sprint's "Land Use Review Application" now proposes to build its WCF
equipment room on West Bluff North's grass covered common area just southeast of the
Association's tennis court, clearly NOT within the area described in the Board's February 3,
2006 letter described above.
And Whereas, the Sprint proposed location presents issues and is less than fair and equitable
to all.
The West Bluff North Homeowners are hereby asking the Board and Sprint to engage in
meaningful good faith negotiations to relocate Sprint's wireless communications equipment
room to a location that does not disadvantage some homeowners for the benefit of others -
we are all neighbors! * Print Name(s): h ())[j'.'.J; J;zu,i(il...c(y~
Signature(s): __________________________ _
f l~{Q'{ ~~ )
(.west Bluff North Homeow11er -Address:
43o1?l~ ~
March 21, 2013
Petiti n in Opposition to Sprint's \Proposed
w·reless Equipment Room Lo:cation
To: The Wes Bluff North Board & Sprint/Nextel
i Whereas, on F bruary 3, 2006, the West Bluff North HOA Board of Directors sent the
homeowners a allot and Instruction/Cover letter asking the homeowneris to authorize the
Board to enter nto an agreement with Sprint/Nextel which would allow Sprint to:
" ... install an a tenna (for better wireless coverage) on the SOG&E power pole west of building
#1. The antenn would be accompanied by a 240 sq ft equipment room dn the west side of the
SDG&E easeme t (closer to the street)."
And Whereas, he Board further declared in same letter that, "The board can find no reason
not to proceed ith this revenue-generating project and urges you to vote yes on the enclosed
ballot and retu it by March I, 2006."
And Whereas, print's "Land Use Review Application" now proposes to b;uild its WCF
equipment roo on West Bluff North's grass covered common area just ~outheast of the
Association's te nis court, clearly NOT within the area described in the Bi>ard's February 3,
2006 letter des ribed above.
1
And Whereas, e Sprint proposed location presents issues and is less than fair and equitable
to all.
orth Homeowners are hereby asking the Board and Sprint to engage in
faith negotiations to relocate Sprint's wireless communications equipment
n that does not disadvantage some homeowners for the benefit of others -