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Home My WebLink AboutCox Communications PCS LP; 1999-08-01;Arthur J. Gallagher h Co. of Georgia, Inc. 3440 Preston Ridge Road Suite 425 Alpharetta, GA 30005 USA CITY OF CARLSBAD KAREN R. KUNDTZ 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 USA This certificate of insurance was brought to you by Arthur J. Gallagher h Company of Georgia, Inc . If you have questions regarding the content of this document, please contact our office at (678) 393-5200. The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. , :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE (MM/DD/YY) mm CERTIFICATE OF LIABILITY INSURANCE 12/16/03 PRODUCER Arthur S. Gallagher L Co. of Georgia, Inc. 3440 Preston Ridge Road Suite 425 Alpharetta GI4 30005 INSURERS AFFORDING COVERAGE Linda Smitk (678) 393-5228 INSURED lNSURERA:AMERICAN HOME ASSURANCE COMPANY Cox Conmunicationa, Inc. Cox Communications San Diego PO Box 105357 1-678-393-5200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER 8: ILLINOIS NATIONAL INSURANCE Cmm INSURER C.AMERICAN INT' L SOUTH INSURANCE CO. INSURER D. Atlanta, CA 30348 TYPE OF INSURANCE GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR __ X EXCESS OF $500,000 X SELF INSURED RETENTION GEN'L AGGREGATE LIMIT APPLIES PER. TI n .E n LOC AUTOMOBILE LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS H I POLICY NUMBER RMGL4806088 RMCA5188691 (AOS) RMCA5188692 (TX) -188693 (VA) I GARAGE LIABILITY ANY AUTO EACH OCCURRENCE FIRE DAMAGE (Any one fire) MEDEXP(Anyoneperson) PERSO~&ADV~NJURY GENERALAGGREGATE PRODUCTS-COMP/OPAGG COMBINED SINGLE LIMIT [Ea accident) OCCUR CLAIMS MADE $1,500,000 $ 1,500,000 $ 5,000 $ 1r500t~~~ $5r~~~~~~~ $2~~~~~~~~ $ 2,000,ooo i 01/01/04 01/01/04 01/01/04 DEDUCTIBLE WORKERS COMPENSATION AND MC2981722 (AOS) EMPLOYERS LIABILITY MC2981723 (CA) -2981724 (FL) RMWC2981725 IGAI 01/01/05 01/01/05 01/01/05 OTHER I I ESCRIPTION OF OPERATlONS/LOCATIONSEHlCLESlEXCLUSlONS ADDED BY ENDORSEMEI 01/01/04 01/01/05 01/01/04 01/01/05 01/01/04 01/01/05 01/01/04 01/01/05 SPECIAL PROVISIONS :OX CObMUNICATIONS SAN DIEGO, VISTA, CA CERT BOLDER IS ADDITIONAL INSURED ATIMA. BODILY INJURY (Per person) BODILY INJURY PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT I $ OTHER THAN EA I ' AGG I $ AUTO ONLY EACH OCCURRENCE $ AGGREGATE $ I$ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRI'ITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CITY OF CARLSBAD IULREN R. KUNDTZ 1200 CARLSBAD VIUAGE DRIVE CARISBAD, CA 92008-1989 USA ACORD 25-5 (7/97) kdempsey @ ACORD CORPORATION 1988 1512245 wed WcertifiCatesNow" t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25s (7/97) MAR&t USA INC. CERTihCATE OF tNSURANCE CERTIFICATE NUMBER ATL-000235369-00 ‘ROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3475 PIEDMONT ROAD, N.E. SUITE 1200 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. ATLANTA, GA 30305 Attn: Linda Smith - (404) 995-2751; Fax #(404)760-5709 COMPANIES AFFORDING COVERAGE COMPANY 73881--CAS-01102 VISTA A AMERICAN HOME ASSURANCE COMPANY NSURED COMPANY Cox Communications, Inc. B N/A P.O. Box 105357 Atlanta, GA 30348 COMPANY C AMERICAN INTL SOUTH INS. CO. COMPANY D :ovt$&@~s ’ ‘.+.$> g., : I, 1’ ‘181% . . ,, #I, <. , ,‘I z I’ _t I. THIS IS Tb CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 .TR TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS 4 GENERAL UABIUTY RMGL6125022 01101102 01101103 GENERAL AGGREGATE $ 5,ooo,ooc X COMMERCIAL GENERAL LIABILII-r PRODUCTS - COMPIOP AGG $ 1 ,ooo,ooa ;g *;. CLAIMS MADE Ix OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 OWNER’S & CONTRACTOR’S PROT EACH OCCURRENCE $ 1 ,ooo,ooo x EXCFSfnFm FIRE DAMAGE (Any me fire) $ 1 ,ooo,ooo NSURED RETENTION MED EXP (Any one person) $ EXCLUDED 1 AUTOMOBILE LIABILITY RMCA5348944(AOS) 01101/02 01101103 COMBINED SINGLE LIMIT $ 1,500,000 4 x ANY AUTO RMCA5348945(TX) 01/01/02 01101103 4 ALL OWNED AUTOS RMCA5348946 (VA) 01101/02 01101/03 BODILY INJURY $ SCHEDULED AUTOS (Per penon X HIRED AUTOS BODILY INJURY X $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHANAUTOONLY: . EACH ACCIDENT $ AGGREGATE $ EXCESS LIABIUTY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHERTHAN UMBRELLA FORM $ \ WORKERS COMPENSATION AND W TAT EMPLOYERS UABIUTY RMWC5277823 (AOS) 01/01/02 01/01103 _. , x TO%LIMk ER 1 RMWC5277824 (FL) 01101102 01101103 EL EACH ACCIDENT $ 1,000,000 \ THE PROPRIETOR! , PARTNERSIEXECUTIVE INCL RMWC5277825 (GA) 01/01/02 01101103 EL DISEASE-POLICY LIMIT $ 1 ,ooo,ooo \ OFFICERS ARE: u(cL RMWC5277826 (CA) 01/01/02 01/01103 EL DISEASE-EACH EMPLOYEE $ 1 ,ooo,ooo OTHER IESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS (UMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) :0X COMMUNICATIONS SAN DIEGO. VISTA, CA :ERT HOLDER IS ADDITIONAL INSURED ATIMA. XRT1EICA~ff0LDER~ ’ ‘: “.- _. &Q#CE~~-,.f@,j ;.‘.?I’ I_ i 1;. ‘“i ^, Z’,i , +p, ” $ *. I ” .: ,. : SHO”LD ANY OF THE PcuClES DESCRIBED HEREIN BE CANCELLEO BEFORE THE EXPRATKJN DATE THEREOF. THE INSVRER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 3 DAYS WRlnEN NOTICE TO THE CITY OF CARLSBAD KAREN R. KUNDTZ CERTIFCATE HOLDER NAMED “EREIN. BUT FAILURE TO MAIL SJcn NOTICE .sHALL MPOSE NO OaLIG*TkJN OR 1200 CARLSBAD VILLAGE DRIVE UAaILIlY OF ANY KIND “PC44 THE INSVRER AFFoRDlNG CO”ERAGE. ITS AGENTS OR REPRESENTATNES. CARLSBAD, CA 92008-1989 MARSH USA INC. BY: John F. Barry ~~~ MARSH USA INC. _ CERTIFICATE OhSURANCE CERTIFICATE NUMBER ATL-000235369-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3475 PIEDMONT ROAD SUITE 1200 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. ATLANTA, GA 30305 Attn: Linda Smith - (404) 9952751; Fax #(404)760-5709 COMPANIES AFFORDING COVERAGE COMPANY ;73881--CA.%01102 VISTA A, AMERICAN HOME ASSURANCE CO ~___~ INSURED COMPANY Cox Communications, Inc. B P.O. Box 105357 INSURANCE COMPANY STATE OF PA. Atlanta, GA 30348 COMPANY C AMERICAN INTL SOUTH INS. CO. COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate. 3 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWlTHSTANDlNG ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - 1----- ~ ~~~~~ co LTR TYPE OF INSLJRANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ~ DATE (MMIDDIYY) DATE (MMIDDIYY) ! LIMITS A GENERAL LIABILITY RMGL6124217 01/01/01 01/01102 GENERAL AGGREGATE 3 3,ooo,ooc x COMMERCIAL GENERAL LIABILITY m OCCUR PRODUCTS COMPlOP AGG $ 500,OO~ CLAIMS MADE PERSONAL 8 ADV INJURY $ 5oo,oG OWNER’S & CONTRACTOR’S PROT EACH OCCURRENCE $ 5oo,ooc LEXCESS FIRE DAMAGE (Any one fire) $ 5oo,ooc INSURED RETENTION MED EXP (Any one person) $ EXCLUDEC A AUTOMOBILE LIABILITY RMCA5348308(AOS) 01101101 01/01/02 ! COMBINED SINGLE LIMIT $ 1 ,ooo.ooc A X ANY AUTO RMCA5348309(TX) 01101101 01/01/02 ALL OWNED AUTOS BODILY INJURY 3 SCHEDULED AUTOS (Per person) X -___ HIRED AUTOS IX NON-OWNED AUTOS I ~~!!I-----];---- - ~- / GARAGE LIABILITY : AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY I ~~_ -EACH_ ACCIDENT .& ~.~ .~ ~~ EXCESS LIABILITY AGGREGATE ~ $ II UMBRELLA FORM 1 ( OTHER THAN UMBRELLA FORM :-;mT;RE-f.. .--~-I 4 WORKERS COMPENSATION AND I m ST T I “TH EMPLOYERS’ LIABILITY RMWC5276077(AOS) ‘01i01iGl '01!01/02 B I RMWC5276078(FL) x I TOR$Lkl% i / ER- ~01101101 01/01/02 EL EACH ACCIDENT i$ 1 ,ooo,odo ?. THE PROPRIETOR/ PARTNERS/EXECUTIVE ’ rNCL RMWC5276089(GA) ~01/01/01 01/01/02 EL DISEASE-POLICY LIMIT -pi .- ,,ooo,ooo $ i ~ OFFICERS ARE. I EXCL RMWC5276090(CA) ~01/01/01 01/01/02 EL DISEASE-EACH EMPLOYEE $ 1 ,ooo.ooo B loTHER RMWC5276091 (AR,TN,VA) ~01/01/01 01/01/02 4 ) WORKERS COMPENSATION RMWC5276092(NJ,NV) ~01101101 01/01/02 *SEE ABOVE i EMPLOYERS LIABILITY AMT OF INS I DESCRIPTION OF OPERATlONS/LOCATlONSfVEHlCLES/SPEClAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) COX COMMUNICATIONS SAN DIEGO, VISTA, CA CERT HOLDER IS ADDITIONAL INSURED ATIMA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POUCIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFKmDlNG CO”ERAGE WLL ENDEAVOR TO MAIL 2 DAYS !mRlTTEN NOTICE TO THE CITY OF CARLSBAD KAREN R. KUNDTZ CERTIFICATE HOLDER NAMED HEREIN, B”T FAILURE TO MNL SUCH NOTICE SHALL ,MPOSE NO OBLlG*TlON OF; 1200 CARLSBAD VILLAGE DRIVE UABUN OF ANY KIND UPON THE INSVRER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES CARLSBAD, CA 92008-I 989 MARSH USA INC. By: John F. Barry M 66 MM1(9/99) VALID AS OF: 01/18/01 .‘. .I ; L c P -.r 1; . . FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement is made between the City of Carlsbad (“City”), a municipal corporation, and Cox PCS Assets, L.L.C., a Delaware Limited liability company, wholly owned by Cox Communications PCS, L.P., a Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”). RECITALS 1. The City and Licensee entered into that License Agreement commencing August 1, 1999 pursuant to which Licensee is authorized install its antenna arrays and operate its telecommunications facility on real property owned by City identified as Assessor Parcel No. 209-050-26-00, commonly known as the Carlsbad Public Safety and Service Center Site (the “Property”). 2. Licensee and City have determined that Licensee will have to obtain its electric power supply for its telecommunications facility through the City’s power supply at the Property. 3. Licenser and City intend to amend the License to permit Licensee to obtain its electric power through the City’s electric power supply at the Property and to provide for payment by Licensee to City a fixed amount for the cost of electric power to avoid the administrative burden of determining, billing and collecting the cost of actual usage each month. m!392350052 ‘. ‘I -I -* c i -_. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Paragraph 6 on page 4 of the License is hereby amended in its entirety to read as follows. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee; provided that, Licensee shall obtain its electric power through the electric power panel through which the City obtains its electric power for the Property and shall pay to the City as compensation for electric power used through that source the following fee payable in advance at the time of payment of the monthly fee provided under paragraph 11 of the License. (a) One hundred fifty dollars ($150) per month for the first year of the License. (b) One hundred seventy dollars ($170) per month for the second year of the License. (c) One hundred eighty dollars ($180) per month for the third year of the License. (d) One hundred ninety dollars ($190) per month for the fourth year of the License. (e) Two hundred dollars ($200) per month for the fifth year of the License. ,,w, . -. ’ ’ , . IN WITNESS WHEREOF, the parties have executed this agreement by their officers therein duly authorized as of the date and year first written above. COX PCS ASSETS, L.L.C. a Delaware limited liability company Licensee CITY OF CARLSBAD . By- Name: fh Cwmon~iolp PCs, 1p. MikeTodd Dtrrelorsiic Devdo~ A Title: ‘.-, 4~0tiiiAINE WOOD, City Clerk ~. Cox Communications PCS, LP., a Delaware limited partnership, its only Member Title: ~~LsLada L&&J~ b - - SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF ALAMEDA The foregoing instrument was acknowledged before me this 3rd day of February,2000 by Michael Todd, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: October 24,200l Notary Public - State of California / Sharon R. Armstrona (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: 1159415 STATEOF ~-KLc\Poc,~,~ 1 1 COUNTYOF AL ~~W@DA 1 On q-Y-00 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Oh.4 CwPprrrcr , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s)@are subscribed to the within instrument, and acknowledged to me th@she/they executed the same merltheir authorized capacity(ies), and that beer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) . (OFFICIAL NOTARY SIGNATWE) NOTARY PUBLIC-STATE OF ‘ed LLFdm-r)lA My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: STATE OF 1 1 COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: A Swint Sites USA *splint 940i Indian Creek Parkway, Suite 770 Overland Park, KS 66210 January 182000 CITY OF CARLSBAD 1200CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 Re: SD03XC150 Dear Property Owner: I am writing regarding the .property referenced above. The purpose of this letter is to inform you that effective January 31, 2000, Sprint Sites USASM will be responsible for this property on behalf of Sprint. Sprint Sites USASM is a new part of Sprint PCS formed for the purpose of managing tower sites such as this property. For all issues concerning lease payments, contact the Sprint PCS Lease Accounting Service Hotline at 1-877-559-5151. If your concern relates to property management of the site or late lease payments, please call Lorna Pannell at 925-847-4077 who is located at Sprint Sites USA SM 5820 Stoneridge Mall Road, Pleasanton, CA 94588. , Should you need assistance pertaining to the lease agreement, call Sprint Sites USASM at I-877-265-6872, Sallie Colaco at 913-906-4724 or Allan Fischer at 913-906-4729. Please provide the site number listed above, the Landlord name and a brief description of the problem when calling any of these telephone numbers. Should you desire to write to Sprint Sites USASM, the address is Sprint Sites USASM, 9401 Indian Creek Pkwy., Bldg. 40, Suite. 770, Overland Park, KS 66210. Again, please include the site number, the Landlord name and a brief description of the problem. Please mail all legal notifications, such as Landlord address change, ownership change, etc. to Sprint PCS Legal Department, 1 lth Floor, 4900 Main St., Kansas City, MO 64112 gnJ to Sprint Sites USASM at the addresses provided above. Retain this letter with your property records so you can contact us should the need occur. We look forward to serving your needs as our Landlord during the coming years. Sincerely, Lease Administration Sprint Sites USASM , r: ‘ , ’ - LICENSE AGREEMENT This Agreement is made between the City of Carlsbad (“City”), a municipal corporation, hereinafter referred to as “Licenser”, and Cox PCS Assets, L.L.C., a Delaware Limited liability company, wholly owned by Cox Communications PCS, L.P., a Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”), commencing August 1,1999. RECITALS 1. The City is the owner of real property more specifically identified as Assessor’s Parcel No. 209-050-26-00 on a 26.28 acre site, more specifically described in Exhibit I, commonly known as the Carlsbad Public Safety and Service Center Site, and hereinafter referred to as the “Property”. 2. The City now uses the Property for a police and fire administration and public conference facility. s- 3. The Property is adequate in size to allow the installation of antenna arrays on the face of the facility and appurtenances thereto by Licensee. 4. Licensee is desirous of installing antenna arrays on the face of the facility and appurtenances thereto on the Property. 5. The City is willing to allow Licensee to install the antenna arrays on the face of the facility and appurtenances thereto under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 6/l 7199 City hereby grants to Licensee a license to use the portion of the property that is depicted in Exhibit “II” hereto (the “premises”) for the purposes and subject to the agreement and terms and conditions set forth herein: LICENSEE’S OBLIGATIONS Licensee agrees to do the following: 1. Use the Property for the purpose of constructing, maintaining and operating a telecommunications facility, consisting of an antenna array and associated telecommunications equipment as described in CUP 98-10 (Exhibit Ill). A security fence, consisting of chain link construction or similar but comparable construction, shall be placed around the perimeter of the facility of Licensee. All improvements shall be at Licensee’s expense. City will maintain the property in a reasonable condition. 2. (a) Be responsible for installing any equipment, at expense of Licensee, to eliminate any interference that might be caused by the location of its radio transmitting or telecommunications facility or-modifications thereto with existing equipment of any other parties, including but not limited to the Safety Center Communications System already on the Property at the commencement of this license agreement. (b) The City reserves the right to enter into agreements with other parties, including but not limited to wireless communication carriers (hereinafter “Carriers”) for use of the Safety Center site. In the event that an additional Carrier is licensed to use the site it shall be the new Carrier’s responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (“FCC”), if any. If Carrier’s plans 2 6/17/99 and specifications are approved by City, City shall notify Licensee in writing as to the scheduled date and time of commencement of construction and installation of Carrier’s transmitting/receiving equipment not less than ten (10) business days prior to such date. Any change to the additional Carrier’s approved antenna type and location and/or change in transmitter types and power output shall be made compatible with Licensee at Carrier’s sole expense. 3. Be responsible for maintenance of any equipment and facilities installed on the premises by Licensee to comply with all City, County, State, FAA and FCC regulations. 4. Be responsible for its own equipment. Provide fire, theft and extended coverage insurance for the equipment and facilities installed for Licensee. 5. (a) Be responsible for securing any necessary permits or conditional use permits from any governmental agency to install any facilities of Licensee on the Property. Licensee may substitute, modify and/or add to its communication/transmitting antenna system located on the Property from time to time, provided that Licensee first obtains any and all required governmental approvals for such substitution, modification and/or addition and the approval of the City. Any change to Licensee’s approved antenna type, number of antennas , antenna location and/or changes in transmitter type and power output shall, at the sole expense of Licensee, be made in accordance with applicable regulations issued by the FCC. If Licensee’s plans and specifications are approved by City, Licensee shall notify all other Carriers in writing as to the scheduled date and time of commencement of construction or installation of Licensee’s modified equipment not less than ten (10) business days prior to such date. 6117199 (b) It is understood and agreed that Licensee’s ability to use and/or protect its interest in the Property is dependent upon Licensee obtaining all of the certificates, permits and other approvals which may be required from any federal, state or local authority, and any easements which are required from any third parties. City shall cooperate with Licensee in its efforts to obtain such approvals and/or easements, as may be required for Licensee’s facility as initially configured and approved in CUP 98-10. If (i) any application and/or negotiations by Licensee for any such certificate, permit, license, easement, approval, policy of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any such certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or is otherwise withdrawn or terminated, (iii) any Hazardous Materials are discovered or otherwise become located on the Property, other than as a direct result of Licensee’s activities thereon, or (iv) due to technological or economic reasons, Licensee determines that it is no longer practical to use the Premises for Licensee’s intended purposes, then Licensee shall have the right to terminate this License-Agreement, which termination shall be effective no sooner than one hundred eighty (180) days from delivery of written notice from Licensee to City provided Licensee has removed all of its property and equipment from the premises by that time. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee. 7. (a) Licensee understands and agrees that this licensing agreement may be revoked at any time in the future if the City determines for any reason at any time in the future that this license agreement is not in the best interest of the City, notwithstanding 6/l 7199 any investment of Licensee in improving the property for its use. The determination of license revocation shall be within the sole discretion of the City. In the event the City’s revocation of a license is not due to a breach by Licensee of one of the conditions or obligations provided for in this agreement, the City shall give Licensee written notice of the necessity of removal of the said facilities one hundred eighty (180) calendar days prior to the effective date of the removal. Such removal or relocation shall be at the expense of Licensee. (b) If this license is revoked by the City due to a breach by Licensee of one of its obligations herein, the revocation shall be effective thirty (30) calendar days from the date of delivery of the notice of revocation and Licensee shall remove all of its personal property and equipment from the Property by that time or the City may remove it and charge Licensee for the cost of removal. 8. If upon expiration or termination of this agreement Licensee remains on the Property, Licensee shall pay a fee at two times the then existing monthly rate until such time as Licensee vacates the premises by removal of its personal property and fixtures. 9. Exercise due diligence in utilizing the Property of the City so as to not interfere with utilization of the Property by the City, and Licensee agrees to comply with any rules and regulations that the City may promulgate at any time in reference to utilization of the Property by any party other than the City. It is understood by Licensee that the Property is used by the City as a police and fire administration and public conference facility and as a part of the City administration and public safety system of the City and that it is necessary to maintain adequate security at all times for the primary utilization of the Property by the City. 6117199 10. Licensee understands that it may be required in the future to relocate its equipment upon alteration of the current Safety Center design and that Licensee shall bear any and all costs associated with such relocation. Licenser will provide Licensee with written notice of the requirement for relocation no later than ninety (90) days prior thereto to allow Licensee to coordinate the transfer of its equipment. 11. Pay to City without abatement, deduction or offset the following fee on or before the first day of each month of this agreement: (a) Two thousand ($2,000) dollars per month for the first year of this agreement. (b) Commencing on the anniversary date of this Licensing Agreement in years 2, 3, 4, and 5 said monthly fee shall increase as follows if the license is still in effect: Year 2: Two thousand and sixty ($2,060) dollars per month. Year 3: Two thousand one hundred twenty two ($2,122) dollars per month. Year 4: Two thousand one hundred eighty six ($2,186) dollars per month. Year 5: Two thousand two hundred fifty two ($2,252) dollars per month. .- Monthly fees may be pro-rated as required. If the City desires to continue this license beyond five years, the fee amount shall be renegotiated at that time. (c) If any of the monthly fee payments are not received by the City by the lOti day of the month in which they are due, the fee shall be deemed delinquent and a ten (10) percent penalty on the sum owing shall accrue on the late payment. If Licensee should become delinquent on the fee for two or more months in any twelve month period, the City may revoke this agreement forthwith and demand removal of all personal property within ten (10) days, or remove such property itself and charge 6117199 Licensee for the cost of removal. 12. (a) Waive all claims against the City of Carlsbad for any damages to the personal property and equipment of Licensee in, upon or about the Property and for injuries to any employees of Licensee or their agents in or about the Property from any cause arising at any time, and Licensee will hold the City of Carlsbad exempt and harmless from any damage or injury to any person, or any property, arising from the use of the Property by Licensee, or from the failure of Licensee to keep the equipment and facilities in good condition and repair, as herein provided. (b) Licensee indemnification shall include any and all costs, expenses, and reasonable attorneys fees and liability incurred by the City of Carlsbad, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. (c) Licensee shall at its own expense, upon written request by the City of Carlsbad, defend any such suit or action brought against the City of Carlsbad, its officers, agents or employees. Licensee indemnification of the City of Carlsbad shall not be limited by any prior or subsequent declaration by Licensee. 13. Obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise out of or in connection with this agreement, its agents, representatives, employers or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y” and shall meet the City’s policy for insurance as stated in City Council Resolution No. 91-403. 7 6117199 (a) Licensee shall maintain the types of coverages and minimum limit indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1) Comprehensive General Liability Insurance. $1 ,ooo,ooo combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately under this contract or the general aggregate shall be twice the required per occurrence limit. 2) Automobile Liability (for the use of an automobile by Licensee’s employees or agents or subcontractors in conjunction with its use of the premises) $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3) Worker’s Compensation and Employer’s Liability. Worker’s Compensation limits as required by the Labor Code of the State of California. and Employer’s Liability limits of $l,OOO,OOO per accident for bodily injury. (b) Licensee shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions: 1) The City of Carlsbad shall be designated as an additional insured on all policies excluding Worker’s Compensation. 2) Licensee shall furnish certificates of insurance to the City before commencement of work. 3) Licensee shall obtain occurrence coverage. 4) This insurance shall be in force during the life of the agreement and shall not be canceled without thirty (30) days prior written notice to the City sent by 8 6117199 certified mail. 5) If Licensee fails to maintain any of the insurance coverages required herein, then the City will have the option to revoke this license agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. Licensee is responsible for any payments made by the City of Carlsbad to obtain or maintain such insurance and the City of Carlsbad may collect the same from Licensee for the period of non-compliance, or deduct the amount paid from any sums due Licensee under this agreement. 14. Licensee and City agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. “Hazardous Material” shall mean petroleum or any petroleum product, asbestos, any substance known by the State of California to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste which is identified as hazardous, toxic or dangerous in-any applicable federal, state or local law or regulation. In the event of a breach of this provision by either party, the other may terminate this agreement forthwith and pursue any remedies to which it is entitled by law. 15. Licensee understands and acknowledges that assignment, sublicensing or transfer of the license granted herein by either entity is absolutely prohibited without the written consent of the City, and any attempt to do so without written consent may result in a revocation of the license at the will of the City. 9 6/l 7199 - LICENSOR’S OBLIGATIONS City agrees to do the following: 1. Allow the construction of an antenna array and associated telecommunications equipment on the Property for use of Licensee as approved in City of Carisbad CUP No. 98-10 attached hereto as Exhibit “Ill”. 2. Allow reasonable ingress and egress for Licensee to the Property, including access any time in cases of emergency or equipment failure. 3. Be responsible for its own equipment. 4. Grant any necessary temporary easement for as long as this license is in effect as required for extension of electric and telephone service to the site as specified in City of Carlsbad CUP 98-10. 5. Allow construction of a power distribution system at the site from existing facilities on the Safety Center site. 6. Permit Licensee ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of a similar nature as Licensee may deem necessary. All such activities shall be at the sole expense Licensee. Licensee agrees to hold City and the Property free and harmless from any cost, claims and damages, actual or asserted, including costs of investigation and/or defense thereto connected in any way with said activities. 7. City and its agents and contractors shall have the right to enter the Premises upon forty-eight (48) hours advance notice to Licensee, during reasonable business hours and when accompanied by personnel of Licensee, for the purpose of making any necessary alterations or repairs as provided in this License Agreement. In the event of 10 6/l 7199 an emergency, the notice requirement will be waived. 8. All notices under this License Agreement shall be in writing and, unless othenGse provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, or via recognized overnight courier service, to the designated entity for legal notice, Cox Communications PCS, LP, addressed as follows: Cox Communications PCS, L.P. Attention: Property Manager P.O. Box 14607 Irvine, CA 92623-4607 Address if by courier: Cox Communications PCS, L.P. Attention: Property Manager 18200 Von Karman 6” Floor, Suite 631 Irvine, CA 92612 (or to any other mailing address which the party to be notified may designate to the other party by such notice). All notices properly given as provided for in this section shall be deemed to be given on the date when sent. Should City or Licensee have a .M change of address, the other party shall immediately be notified as provided in this section of such change, with a copy to: COX PCS ASSETS, L.L.C.: P.O. Box 14607 Irvine, CA 926234607 Attention: Property Manager CITY OF CARLSBAD: 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: Lloyd Hubbs Title: Public Works Director Federal Tax Payer ID ##95-6004793 Address if by means other than courier: P.O. Box 14607 Irvine, CA 926234607 Attention: Property Manager 6/17/99 Address if by courier: 18200 Von Karman 6” Floor, Suite 631 Irvine, CA 92612 Attention: Property Manager Telephone: 949/623-5582 Fax: 949/623-5790 IN WITNESS HEREOF, the parties have executed this agreement by their officers therein duly authorized as of the date and year first written above. COX PCS ASSETS, L.L.C. A Delaware limited liability company Licensee By: Cox Communications PCS, L.P., A Delaware limited partnership, Its only Member ByI: Name: -r~ MILTOdd Dhedw Site Dewlopment ATTEST: Title: .- ALETHA L. Cox Communications PCS, L.P. A Delaware limited partnership By: I\ Name: u so~“c~~ Title: bJ CA rST%dT sEd=w-\I (Proper notarial acknowledgment of execution by must be attached.) (President or vice-president and secretary or assistant secretary must sign for 12 6117199 corporations. If only one officer signs, the corporation must attach a resolution certified by the Secretary or Assistant Secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 6117199 . , a ALL-PURPOSE ACKNOWLEDGMENT State of California County of ufi PIE-n A f ss. On AAUL 2s ,iqqq (DATE) before me, r-4dPL , (NOTARY) personally appeared pl\Y-E TOcaD SIGNER(S) w personally known to me - OR- q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONALINFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT cl Cl cl cl cl cl cl INDIVIDUAL CORPORATE OFFICER TITIJW PARTNER(S) A-ITORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) OTHER i I l I l I l I 0 I 0 I 0 I l I l I a I l I l I a I l I 0 I a I l I l I l I l I l I l I ?, .- . . .I#, ’ I ALL-PURPOSE ACKNOWLEDGMENT ~.-*oo-el)a-m-* ~o~.-~-~-e~~~O~a~*~~~o l I 0 I a I 0 I 0 I 0 I 0 I 0 I 0 I a I 0 I a I l I 0 I l I l I 0 I l I l I 0 I l I a I t State of California On .J “l-e e -L_r,\941 before me, WARWL 1, t-t-% , (DATE) -(t?bTARY) personally appeared \ ow- ,l-i-(AD.*ns SIGNER(S) m personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT cl 0 q cl cl 0 cl INDIVIDUAL CORPORATE OFFICER TITLE(S) ‘ITIZE OR TYPE OF DOCUMENT PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER i I 0 I 0 I 0 I 0 I a I 0 I 0 I 0 I l I 0 I l I 0 I l I 0 I l I l I l I l I l I a I a I a A I -0-o. a-o-*- l ~e-e-ooo- l ~o-*-e~C-o-*-o I APA II94 VALLEY-SIERRA, 800-36’2-3369 EXHIBIT I PARCEL 1: THAT PORTION OF LOT ‘B” OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, IS%, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 14 OF SAID LOT “B” AS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT “B’, SOUTH 89054’00’ EAST, 23.41 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY INVESTMENTS, RECORDED JUNE 16, 1971 AS FILE NO. 126673; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89054’00” WEST, 23.41 FEET TO SAID POINT 14 OF LOT “B”; THENCE ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTORS’S AS FOLLOWS: SOUTH 54015’33” WEST, 326.48 FEET; SOUTH 50055’35” WEST 1788.65 FEET, SOUTH 01028’24’ WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 10046’15” WEST, 1337.68 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 79013’45’ EAST, 703.35 FEET; THENCE NORTH 30028’48” EAST, 900.00 FEET; THENCE NORTH 3003 1’12” WEST, 800 FEET; THENCE SOUTH 87045’29” WEST, 491.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: A NON EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR ROAD PURPOSES OVER, UNDER, THROUGH AND ACROSS ALL THAT PORTION OF SAID LOT “B’ OF RANCH0 AGUA HEDIONDA LYING WITHJN A STRIP OF LAND 48.00 FEET WIDE, THE SIDELINES OF SAID STRIF LYING 29.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN PARCEL 1 OF DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 3, 1973 AT FILE/PAGE NO. 73-215694 IN THE SAN DIEGO COUNTY RECORDER’S OFFICE, BEING ALSO THE MOST SOUTHERLY CORNER OF THAT CERTAIN 6.459 ACRE PARCEL SHOWN ON RECORD OF SURVEY MAP NO. 7845 FILED IN SAID RECORDER’S OFFICE ON MARCH 8, 1974; THENCE ALONG THE SO UTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID 6.459 ACRE PARCEL SOUTH 51017’15” WEST (RECORD NORTH 51025’00” EAST PER SAID R.O.S. 7845) 55.00 FEET TO A POINT ON THE CENTERLINE OF EL CAMINO REAL, ROAD SURVEY 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID CENTERLINE SOUTH 38042’45” EAST, (RECORD NORTH 33011’55” WEST PER SAID R.S. 1800-l) 141.28 FEET TO ENGINEER’S STATION 329 + 50.00 THEREON, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE NORTH 37051’42’ EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 81050’49”, A DISTANCE OF 499.97 FEET; THENCE TANGENT TO SAID CURVE, NORTH 43059’07” WEST, 172.23 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54045’22” A DISTANCE OF 334.49 FEET; ,- THENCE TANGENT TO SAID CURVE NORTH 10046’15” EAST, 518.39 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 1 HEREINABOVE DESCRIBED ABOVE SAID POINT BEING THE POINT OF TERMINUS. PARCEL 3: AN EASEMENT FOR THE RIGHT TO CONSTRUCT DRAINAGE FACILITIES AND ALSO TO DRAIN ANY PORTION OF PARCEL 1 HEREINABOVE DESCRIBED OVER SAID EASEMENT, BEING A PORTION OF LOT ‘B” OF RANCH0 AGUA HEDIONDA, MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON NOVEMBER 16, 18%; SAID EASEMENT BEING 20.00 FEET WIDE, 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT POINT 14 OF SAID LOT ‘B” AS DESCRIBED ON SAID MAP NO. 823, THENCE SOUTH 540 15’33 = WEST, A DISTANCE OF 326.48 FEET; THENCE SOUTH 50055’33” WEST, A DISTANCE OF 326.48 FEET; THENCE SOUTH 50055’35” WEST, A DISTANCE OF 1788.65 FEET; THENCE SOUTH 01028*24” WEST, A DISTANCE OF 787.30 FEET, SAID POINT AL!30 BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 1; SOUTH 10046’15” WEST, A DISTANCE OF 1337.68 FEET, SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, SOUTH 79013’45” EAST, A DISTANCE OF 703.35 FEET, SAID POINT BEING THE SOUTHEASTERLY CORNER OF SATD PARCEL 1; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1; NORTH 30028’48’ EAST, A DISTANCE OF 150.00 FEET TO THE CENTERLINE OF SAID DRAINAGE EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO ON THE ARC OF A 300.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID CURVE TO SAID POINT BEARS NORTH 52058’48” EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34000’00” A DISTANCE OF 178.02 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71001’12” EAST, A DISTANCE OF 375.00 FEET TO THE POINT OF TERMINUS. .- I . . . EXHIBIT I- E Jo 2 afjled . . t&UOJ5J&j pOqSlJO3 am’ I ” .U. . . . MI...,. a- c Q’ EXHIBIT Ill I I _- . , . , ..le City of CARLSBAD Planning Departmbub ?Pc A REPORT TO THE PLANNING COMMISSION 1 Application complete date: July 1, I998 P.C. AGENDA OF: September 2,1998 Project Engineer: Michele Masterson SUBJECT: CUP 98-10 - CARLSBAD SAFETY CENTER TELECOM - Request for a Conditional Use Permit to allow for the development of an unmanned wireless telecommunications facility consisting of building mounted “stealth” designed antennas and a ground level transceiver station and related equipment covering 273 square feet at the City’s Safety Center on the east side of Orion Way, with a Governmental Facilities General Plan designation in the Open Space Zone. within Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4377 APPROVING Conditional Use Permit CUP 98-10 based on the findings and sub-ject to the condition contained therein. II. INTRODUCTION Cox Communication provides wireless telecommunication services between Central California and the Mexican border. As part of their network for coverage in the San Diego County area. Cox has proposed a telecommunications center at the City’s Safety Center. There is a pending agreement between the City and Cox Communications to lease space for the antennas. The agreement is subject to the Planning Commission’s approval of this Conditional Use Permit. The proposal involves nine new antennas placed on the building face of the Safety Center that are designed to be “stealth” and blend in with the existing building. Also involved is a small equipment and power storage area on the backside of the building. The proposal will not adversely impact the Safety Center building or the range of safety services provided from the Safety Center site. The proposal has been reviewed by all necessary city departments and no concerns or issues exist. In addition. the proposal will not have any impact on the ability of the city to plan out the long term re-design of the Safety Center so as to incorporate the Public Works Division of the city. Staff recommends approval of the conditional use permit sub-ject to the conditions contained therein. 111. PROJECT DESCRIPTION AND BACKGROUND As shown on the prqject exhibits (Exhibits “A’.-“F’.. dated September 2, 1998). the project primarily consists of nine (9) new antennas to be provided in three clusters. or arrays, of three ’ 0 I I ~ ‘.., ’ CUP 98-10 - CARLSBAL JAFETY CENTER TELECOM .” September 2. 1998 antennas. The antennas individually are up to six feet high. eight inches wide and three inches thick. The antennas have a 15 degree maximum range of outward tilt from the building face and they will be painted to match the building exterior. The antenna arrays are designed to provide “stealth” antennas that are intended to visually blend into the existing building face. One an-a\* (consisting of three antennas each) will be located near the top of the Safety Center’s building face on the west. south and east elevations as shown on the project exhibits. Other primary features of the proposed project include: (1) a 273 square foot area located at grade behind the Safety Center building (precise location shown on project exhibits) to be used as a Base Transceiver Station (BTS). The 273 square foot area will accommodate BTS equipment which will be completely screened by a six foot high stucco wrapped wall painted to match the existing Safety Center building in.color and texture (one work light in the BTS area will exceed the height of the six foot high stucco wall by up to two feet - see detail on Exhibit “E”), (2) a lockable gate as part of the stucco screen to provide access to the BTS equipment. and; (3) one 6’9” Global Positioning System (GPS) antenna to be located within the BTS area (see detail on Exhibit “E”). IV. ANALYSIS The proposed project is subject to the following regulations: A. City of Carlsbad Zoning Ordinance - Open Space Designation B. City of Carlsbad General Plan - Governmental Facilities Designation C. City of Carlsbad Zoning Ordinance - Chapter 21.42. Conditional Uses Open Space Zonine Desicnation .- The Safety Center is zoned Open Space which allows for public facilities and structures in the context of a civic center via a conditional use permit (CUP). While the Safety Center complex is covered by another CUP (CUP 262). this proposed CUP to install wireless communication antennas and equipment is also consistent with the provisions of the Open Space zone and the Safety Center land use. Governmental Facilities General Plan Designation The proposed wireless communication antennas are consistent with the Governmental Facilities General Plan designation because communication facilities are considered quasi-public facilities. In addition. the prqject will be compatible with the uses of the Safety Center since there will be no adverse impacts to the Safety Center or the ability of city staff to continue to provide safety services to the city. Chanter 2 1.42 - Conditional Uses The Conditional Uses chapter of the zoning ordinance (21.42) allows the construction and placement of features such as wireless communication antennas via the processing of a conditional use permit. Specificall\,. section 21.42.010 (2)(J) allows. in all zones including - a ‘. ~ * . CUP 98-l 0 - CARLSBAL JAFETY CENTER TELECOM k September 2, 1998 residential zones. “Accessory public and quasi-public utility buildings and facilities including. but not limited to. water wells, water storage, pump stations. booster stations. transmission or distribution electrical substations, operating center, gas metering and regulating stations. or neighboring telephone exchanges, with the necessary apparatus or appurtenances incident thereto.” The proposed project qualifies for a conditional use permit at the subject site. The standard. required findings for the granting of a conditional use permit as outlined in 21.42.020 can be made for this project. The findings. are contained in the attached prqject resolution. Planning Commission Resolution No. 4377. Below is a descriptive summary of the facts supporting the findings. The use is necessary and desirable for the development of the community because it will enable the use of current telecommunications technology in the city and the San Diego County region. The site is adequate in size and shape to accommodate the proposed use because the siting of the proposed antennas will be on three sides of the existing Safety Center building. Features necessary to adjust the use to existing or future permitted uses will be provided and include screening/fencing of the ground level equipment area. The existing street system is adequate to handle the traffic generated by the project because only periodic maintenance work will be required for the telecommunications equipment thereby generating minimal new traffic to the area. V. ENVIRONMENTAL REVIEW The installation of new. small. stealth designed wireless communication antennas and equipment is considered a Class 3 Categorical Exemption under the California Environmental Quality Act (CEQA Guidelines Section 15303). Cox Communications is licensed by the FCC to receive and transmit radio waves. The FCC -requires compliance with radio frequency power density standards for the general public, therefore, the project will not have a significant negative impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 4377 3 -. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibits “A”-“F” dated September 2. 1998 EM:dcl,:mh L CARLSBAD SAFETY CENTER TELECOM CUP 98-10 ’ . > 7 ‘3 . BACKGROUND DATA SHEET CASE NO: CUP 98-10 CASE NAME: CARLSBAD SAFETY CENTER TELECOM APPLICANT: COX COMMUNICATIONS REQUEST AND LOCATION: 9 antennas arranged in three clusters of three antennas on the south. east and west elevations of the existing Safetv Center buildinp located at 2560 Orion Wav LEGAL DESCRIPTION: A portion of Lot “B” of Ranch0 Agua Hedionda. Map No. 11573 in the City of Carlsbad. County of San Diego. APN: 209-050-26 Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Governmental Facilities (G) Density Allowed: N/A Density Proposed: N/A Existing Zone: Open Space Proposed Zone: Open Space Surrounding Zoning and Land Use: (See attached for information on Carlsbad‘s Zoning Requirements) Site North South East West Zoning Open Space Open Space Open Space Open Space Open Space Land Use Safety Center/Services Parking Lot Open Space slopes Parking Lot Orion Way PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District: CMWD Equivalent Dwelling Units (Sewer Capacity): N/A Public Facilities Fee Agreement, dated: N/A ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued cl Certified Environmental Impact Report, dated IXI Other. Cateaorical Exemption Class 3; Construction of Small Structures/Facilities - DISCLOSURE STATEMENT I Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit,” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO 1NDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person &/ Title &II?~ Carp/Part & VIA ti ‘44 Title _ GC A> Address Address /#a I/on ~&Morl izAM/ IL/ pg2a3 3 -. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common. non-profit, corporation. etc.). If the ownership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation,. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part r;A/ SC1 &h&P Title Title Atidress Address 2075 Las Palmas Dr. - Carlsbad. CA 92009-l 576 - (760) 438-1161 l FAX (760) 438-0894 a3 ; . . ’ NOIS-PROFIT OR- UIZATION OR TRUST I fan!’ person identir.-a pursuant 10 (I ) or (2) above is a nonprofl~ orcranization or a trust. list the nnmcs and addresses of‘ Ah’\‘ person serving as an officer or director of the non-profir qanization or as trustee or beneficiary of the. Ken f’rotit/Trust Non Profit/Trust Title Title Address Address 3. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve ( 12) months? cl Yes w No If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Print or type name of owner Print or type name of applicant/ / Signature of owner/applicant’s agent ifapplicable/date Print or type name of owner/applicant’s agent Ii:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4377 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A CONDITIONAL USE PERMIT TO INSTALL WIRELESS TELECOMMUNICATION SYSTEM ANTENNAS ON THE EXISTING SAFETY CENTER BUILDING ON PROPERTY GENERALLY LOCATED EAST OF ORION WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: CARLSBAD SAFETY CENTER TELECOM CASE NO.: CUP 98-10 WHEREAS, Cox Communications, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”. described as A portion of Lot “B” of Ranch0 Agua Hedionda, Map No. 11573 in the City of Carlsbad, County of San Diego. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A’‘-“F” dated September 2, 1998, on file in the Carlsbad Planning Department, CARLSBAD SAFETY CENTER TELECOM, CUP 98-10, as provided by Chapter 2 1.42 and/or 2 1.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of September 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing. upon hearing and considering all testimony and arguments, if any. of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE. BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 W That based on the evidence presented at the public hearing. the Commission APPROVES CARLSBAD SAFETY CENTER TELECOM, CUP 98-10. based on the following findings and subject to the following conditions: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Findinps: 1. That the requested use is necessary or desirable for the development of the community. is essentially in harmony with the various elements and objectives of the General Plan. and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed wireless telecommunication antennas and related ground level equipment will provide a necessary service of cellular phone network coverage for the city and area around Carlsbad using the latest technology. Furthermore, the proposed location of the antennas on the Safe0 Center’s building face will not impact the daily function of the Safety Center or the ability to provide safety services from the site, therefore, the project is also consistent with the General Plan including the site’s general plan designation of Governmental Facilities. 2. That the site for the intended use is adequate in size and shape to accommodate the use. in that the proposed siting for the antennas is on an existing building so that there will be no additions to the physical layout of the Safety Center building. The 273 square foot area provided in the rear of the building for ground level equipment and power source storage is also accommodated on site and can be considered incidental since it will not impact or reduce required parking spaces, setback areas’ or remove landscaping. 3. That all the yards. setbacks. walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the antennas have been designed to be “stealth” so that they will blend visually into the existing building’s color and texture. With regards to the ground level equipment area, a six foot high stucco screen wall will enclose the area which itself is located on the rear of the Safety Center building out of view from public streets (Orion Way) and parking lot areas. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project will not generate any traffic to the site other than occ&ional maintenance and monitoring by Cox Communications personnel. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution. and hereby finds, in this case. that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 4377 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. Staff is authorized and directed to make, or require Developer to make. all corrections and modifications to the Conditional Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal. state. and local ordinances in effect at the time of building permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents. and representatives, from and against any and all liabilities, losses, damages, demands. claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit. (b) City’s approval or issuance of any perrnit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby. including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 4. This Conditional Use Permit is granted for a period of five (5) years. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects. the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 5. The Developer shall report. in writing, to the Planning Director within 30 days, any address change from that which is shown on the conditional use permit application. . . . PC RESO NO. 4377 -3- 6. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions. Within six (6) months after the issuance of occupancy, the Developer/Operator shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI/IEEE standards. Said report shall be subject to review and approval by the Planning Director for consistency with the Project’s preliminary proposal report and the accepted ANSI/IEEE standards. If on review. the City finds that the Prqject does not meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit. 7 7. Developer, prior to issuance of a building permit, shall enter into, and thereafter maintain in good standing, a license and/or franchise or with the City for use of and 8 access to the project site. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: 8. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 9. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 10. All roof appurtenances, including air conditioners. shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Commuri~ty Development and Planning. NOTICE I Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations. or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from September 2,1998, to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this PC RESO NO. 4377 -4- _ .,_,, .-f + 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘5 -- 26 27 28 A -? prqiect: NOR DOES IT APPLY to any fees/exactions of which you have previousI!, been @\-en a NOTICE similar to this. or as to which the statute of limitations has previousi\- otherwk expired. PASSED. APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of September, 1998 by the following vote. to wit: AYES: NOES: Chairperson Noble, Commissioners Compas. Heineman. and Monroy ABSENT: Commissioners Nielsen. Savary. and Welshons ABSTAIN: BAILEY NOB&. Chairperson CARLSBAD PLANNING COMMISSION ATTEST: .w MICHAEL J. HO%MlLyER Planning Director PC RESO NO. 4377 -5