HomeMy WebLinkAbout2004-02-10; City Council; 17497; Sprint PCS Assets LLC license agreementAB# 17,497 TITLE: ACCEPTANCE OF LICENSE AGREEMENT
BETWEEN SPRINT PCS ASSETS L.L.C. AND THE CITY OF
MTG. 2-10-04 CARLsBAD - CALAvERA HILLS COMMUNITY PARK
DEPT. EDlRE
RECOMMENDED ACTION:
Adoption of Resolution No. 2004-041 accepting the Licensing agreement between the City
of Carlsbad and Sprint PCS Assets L.L.C. and authorizing the City Manager to sign the
License Agreement on behalf of the City.
DEPT. HD.
CITY ATTy@/
CITY MGR
ITEM EXPLANATION:
Sprint PCS has proposed to construct and operate a cellular communication facility at
Calavera Hills Community Park that consists of 3 flush mounted panel antennas on an
existing light standard located within the northern ball field and an equipment enclosure
located to the north of the existing basketball courts. Sprint PCS has coordinated its
construction plans and schedules with both the Parks and Recreation departments, so that
minimal impacts to the public will occur during construction of the project. Sprint PCS has
also obtained the necessary Conditional Use Permit (CUP 01 -09-Sprint CS-Calavera Hills
Community Park) from the City Planning Commission (Exhibit 2).
ENVIRONMENTAL IMPACT:
The construction and installation of small new equipment facilities or structures is a Class 3
Categorical Exemption under the California Environmental Quality Act (Guidelines Section
15303). The FCC requires compliance with radio frequency power density standards
(ANSIAEEE C95.1-1992) for the general public; therefore, the project would not have a
significant impact on the environment.
FISCAL IMPACT:
Sprint PCS has agreed to pay a one time lump sum payment of $40,000 to the City for park
improvements at Calavara Hills Community Park, as well as an annual Licensing Fee of
$30,000. The fee will be paid in monthly installments of $2500. The fee will be adjusted
annually by not less than 3% and not more that 6% based on the Consumer Price Index -
All Consumers for the San Diego Metropolitan Area.
EXHIBITS:
I. Resolution No. 2004-041 of the City of Carlsbad, California,
2. CUP 01-09 Staff Report to Planning Commission
3. Licensing Agreement with Sprint PCS Assets L.L.C.
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RESOLUTION NO. 2004-041
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAFUSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AGREEMENT WITH
SPRINT PCS ASSETS L.L.C FOR INSTALLATION OF A
CELLULAR ANTENNA FACILITY AT CALAVERA HILLS
COMMUNITY PARK
WHEREAS, Sprint PCS Assets L.L.C wishes to enter into a License Agreement for the
use of property for an unmanned wireless telecommunications facility at Calavera Hills
Community Park located at the intersection of Carlsbad Village Drive and Tamarack Avenue;
and
WHEREAS, the City Council agrees to enter into a License Agreement with Sprint PCS
Assets L.L.C.; and
WHEREAS, Sprint PCS agrees to pay a one time lump sum payment of $40,000 and an
annual License Fee of $30,000 paid in equal monthly installments of $2500, and adjusted
annually by not less than 3% and not more than 6% based on the Consumer Price Index - All
Consumers for the San Diego Metropolitan Area; and
WHEREAS, Sprint agrees to abide by all obligations and conditions of the License
Agreement and Conditional Use Permit 0 1-09.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1.
That the City Manager is authorized to execute the License Agreement with Sprint PCS
Assets L.L.C for Calavera Hills Community Park on behalf of the City of Carlsbad.
Ill
Ill
Ill
Ill
Ill
Ill
That the above recitations are true and correct.
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PASSED, APPROVEDy AND ADOPTED at a regular meeting of the City Council on the
10th dayof February 2004, by the following vote to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
Mayor
ATTEST:
(SEAL)
Resolution No. 2004-041 (Page Two)
-2- 3
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: January 2 1,2004
Application complete date: Aupst 3 1. 2001
Project Planner: .4nne Hyson_c
Project Enpeer: David Rick
SUBJECT: CUP 01-09 - SPRINT PCS - CALAVERA HILLS CORlRlUNITY PARK -
Request for approval of a Conditional Use Permit to allow the installation,
operation, and maintenance of an unmanned wireless telecommunications facility
at Calavera Hills Community Park located at the intersection of Carlsbad Village
Drive and Tamarack Avenue in Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Cornmission Resolution No. 55 14
APPROVING CUP 01-09 based upon the findings and subject to the conditions contained
therein.
11. BACKGROUND
This item was continued from the December 17,2003 meeting.
ATTACHMENTS:
1.
2.
Planning Commission Resolution No. 55 14
Staff Report dated December 17,2003 with attachments
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PLANNING COMMISSION RESOLUTION NO. 5514
A RESOLUTION OF THE PLANWING COMMISSION OF TI E
CITY OF CARLSBAD, CALIFORMA, APPROVING A
MUNICATIONS FACILITY ON PROPERTY GENERALLY
LOCATED AT CALAVERA HILLS COMMUNITY PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 7.
CONDITIONAL USE PERMIT TO ALLOW A TELECOM-
CASE NAME: SPRINT PCS-CALAVERA HILLS COM-
CASE NO.: CUP 01-09
MUNITY PARK
WHEREAS, Sprint PCS, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by City of Carlsbad, “Owner,” described as
All that portion of Lot “J” of Rancho 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, on November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “D” dated December 17, 2003, on file in the Carlsbad
Planning Department, SPRINT PCS-CALAVERA HILLS COMMUNITY PARK - CUP 01-
09, as provided by Chapter 21.42 andor 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of December 2003
and on the 21st day of January 2004 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:
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A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
CUP 01-09 - based on the following findings and subject to the follo\vin_g
conditions:
APPROVES SPRINT PCS-CALAVER4 HILLS COilIRIUNITY P.ARK -
1.
2.
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5.
6.
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 General Plan Open Space (OS) land use
designation does not preclude the provision of quasi-public utility uses, and the PCS
facility is not detrimental to permitted park uses in the vicinity in that the
telecommunications facility is flush mounted to an existing light standard so that it
visually blends into the light pole and does not interfere with ball field lighting.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed telecommunication facility will utilize an existing ball field light
standard and result in only 420 square feet of additional building coverage.
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 proposed equipment enclosure would be textured
and painted to match the existing gymnasium building to ensure architectural
compatibility. Additionally, the project has been conditioned to avoid conflicts with
park activities and programs during installation of the facility.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the use generates very little traffic, requiring
only routine monthly maintenance visits and occasional visits in response to
operational problems.
That the proposed wireless communication facility is consistent with Council Policy No.
64, in that the antennas will visually blend into the surface of the light standard and
do not project outward more than 18” from the pole. The block equipment.
enclosure will be integrated into the architectural design by texturing and painting
to match the existing gymnasium. Although the 8’ high equipment enclosure is
located 5’ from the property line separating the park from the future Fire Station
No. 3 site, the setback standard of 8’ is not applicable because it is not adjacent to a
residentially zoned property. Performance standards for noise and lighting are
satisfied in that noise generated by equipment will be negligible and no additional
lighting is proposed. The facility will be in compliance with the FCC RF Exposure
Guidelines, and this will be verified after installation.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
PC RES0 NO. 5514 -2- b
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environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303 - small ne\\.
equipment and structures of the state CEQA Guidelines. In making this deterniination,
the Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
7. 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.
Conditions:
Note:
1.
2.
3.
4.
5. .
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 permit or action, whether discretionary or non-
PC RES0 NO. 5514 -3- I
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discretionary, in connection with the use contemplated herein. and (c)
DeveloperiOperator’s installation and operation of the facility permitted herebj,, including
without limitation, any and all liabilities arising from the emission by tho frlcilin. of
electromagnetic fields or other energy naves or emissions. This obligation suni\.es until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy
of the Site Plan reflecting the conditions approved by the final decision making body.
This project shall comply with all conditions and mitigation measures, Lvhich are required
as part of the Zone 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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 Conditional Use Permit is granted for a period of five (5) years from December 17,
2003 to December 16, 2008. 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.
Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5514 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice,
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer/Operator shall comply with the Federal Communication Commission’s
guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields.
PC RES0 NO. 5514 -4-
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14.
Within six (6) months after the issuance of occupancy, and with any time extension or
amendment request, the Developer/Operator shall submit to the Planning Direc-tor either
(1) verification that the project is categoricalli- excluded from having to determine
compliance with the RF exposure guidelines per 37 CFR $1.1307(b)(l); or (3) a project
implementation report which provides cumulative field measurements of RF emissions of
all antennas installed at the subject site. The report shall quantify the RF emissions and
compare the results with the exposure limits established by the FCC guidelines. Said
report shall be subject to review and approval by the Planning Director for consistency
with the Project’s preliminary report on RF exposure submitted with the initial project
application and for consistency with the FCC guidelines. If on review, the City finds that
the Project does not meet the FCC guidelines, the City may revoke or modify this
conditional use permit.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 7, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Project construction dates shall be limited to the following times to limit the number
of park patrons affected by the construction:
Field #3 Closure - July 5 - July 25,2004
During project construction, the following shall occur:
Parking lot circulation shall not be impacted.
Handicap parking signs cannot be removed during construction unless
temporary signage is provided.
Boring shall be the preferred option for installation of cable through the
parking lot.
All turf and asphalt, cement areas, irrigation, electrical and water lines that
are disturbed must be returned to their original state. Turf must be replaced
with sod.
Open trenches must be covered, fenced and signed when contractors are not
on site. (Orange fencing does not work well in foul weather or with children.)
Chain link fencing is required.
Utilities to the Community Park may not be interrupted.
Contractors shall be required to use their own generators and water tanks.
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h) All cones, barricades and safety signs shall be maintained by the construction
company.
15. A Safety RlanagerlInspector shall be assigned to the project by the de\.eloper to
ensure project/public safety. The Safety Rlanager shall be available during park
hours, which are 8:OO a.m. through 1O:OO p.m. daily. A contact and phone number
must be available to the Area Manager and Recreation Specialist to report hazards
that may occur during non-construction hours.
Engineering
16. The Telco facilities and appurtenances shall not be constructed on any easement
without the easement holder’s permission.
17. The Telco facilities and appurtenances shall not be constructed in any drainage area or
over any drainage structure.
Code Reminders
18. 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.
NOTICE
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 date of final approval 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 feedexactions
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
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannins
Commission of the City of Carlsbad, California, held on the 21st day of Januar!. 2004 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RES0 NO. 5514 -7-
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Project Planner .Anne HJsonS
Project Engineer Da id Rick
P.C. AGENDA OF: December 17,2003
SUBJECT: CUP 01-09 - SPRINT PCS - CALAVERA HILLS COMRIUNITY PAARK -
Request for approval of a Conditional Use Permit to allow the installation,
operation, and maintenance of an unmanned wireless telecommunications facility
at Calavera Hills Community Park located at the intersection of Carlsbad Village
Drive and Tamarack Avenue in Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 55 14
APPROVING CUP 01-09 based upon the findings and subject to the conditions contained
therein.
11. INTRODUCTION
This application is a request for a Conditional Use Permit (CUP) to allow Sprint PCS to install,
operate, and maintain an unmanned wireless telecommunications facility at Calavera Hills
Community Park. The proposed facility would consist of 3 flush mounted panel antennas on an
existing light standard located within the northern ball field and an equipment enclosure located
to the north of the existing basketball courts. Quasi-public utility facilities are permitted in the P-
C zone by conditional use pennit and all required CUP findings can be made for the proposed
facility.
111. PROJECT DESCRIPTION AND BACKGROUND
The proposed CUP is requested to allow the installation of a Sprint PCS telecommunications
facility on an existing 80’ high light standard located on the northern ball field of Calavera Hills
Community Park. Calavera Hills Park, located at the southeast comer of Carlsbad Village Drive
and Tamarack Avenue, is a 16-acre multi-use community park consisting of a community
center/gymnasium, playgrounds, barbeque and picnic areas, two tennis courts, three baseball
fields and a parking lot. The proposed unmanned PCS facility will consist of three 4’ x 1 ’ panel
antennas and supporting equipment. The panel antennas will be flush mounted to an existing 80’
high light standard at an approximate height of 65 feet. The supporting equipment enclosure
consists of a 12’ x 35’ x 8’ high block enclosure that will house five equipment cabinets and
includes a 10’ x 12’ storage area to be utilized by the Park and Recreation Department. The
block enclosure will have a trellis roof design and will be stucco coated and painted to match the
existing gymnasium.
CUP 01-09 - SPRINT PCS - CALAVERA HILLS COMMUNITY PARK
December 17,2003
Page 2
On July 19, 2000, the Planning Commission approved CUP 00-1 7, alloiiing the installation of a
Pacific Bell Wireless PCS facility on a different light standard at Calayera Hills Park; therefore.
the proposed Sprint facility would be the second carrier to occupy the site. Based on feedback
from City Parks staff regarding problems associated with the installation of the first PCS facility
at the park, staff is recommending conditions that will avoid conflicts between construction
activities and park activities and programs. It is anticipated that the use of an existing light
standard for the proposed facility will result in fewer conflicts than the first installation uhich
required removal of the existing light standard and installation of a new light standard.
FINDING
The proposed project is subject to the following regulations:
PROJECT CONSISTENCY
A.
B.
Conditional Use Ordinance (Chapter 2 1.42 of the Zoning Ordinance); and
Wireless Communication Facilities Policy (City Council Policy 64).
IV. ANALYSIS
The recommendation of approval of this CUP was developed by analyzing the project’s
consistency with the applicable City regulations and policies. The project’s compliance with the
above regulations is discussed in detail in the sections below.
A. Conditional Use Permit regulations
Conditional uses such as digital communications facilities possess unique and special
characteristics that make it impractical to include them as perniitted uses “by right” in any of the
various zoning classifications (Le., residential, commercial, office, industrial). The authority for
the location and operation of these uses is subject to Planning Commission review and the
issuance of conditional use permits. Staff has reviewed the proposed project and found that all
the necessary findings can be made to approve the conditional use permit. The required findings
and satisfaction of these findings are provided below.
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, including, if
applicable, the certified local coastal program,
and is not detrimental to existing uses or to uses
specifically permitted in the zone in which the
proposed use is to be located.
The requested use is necessary and desirable
for the development of the community
because of the demand for digital
communications. The proposed use is
consistent with the General Plan in that the
Open Space (OS) land use designation does
not preclude the provision of quasi-public
utility uses, nor is it detrimental to permitted
uses in the vicinity in that the
telecommunications facility is flush
mpunted to an existing light standard so that
it visually blends into the light pole and does I not interfere with ball field lighting.
CUP 01 -09 - SPRINT PCS - CALAVERA HILLS COMMUNITI‘ PARK
December 17,2003
Page 3
CONDITIONAL USE PERhlI’
FINDING
That the site for the intended use is adequate in
size and shape to accommodate the use.
That all of 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.
~__ That the street system serving the proposed use is
adequate to properly handle all traffic generated
by the proposed use.
FINDINGS COKTIKUED
PROJECT COSSISTENCIv I
The site is adequate in size and shape to
accommodate the use. The proposed
telecommunication facility will utilize an
existing ball field light standard and the 420
square foot equipment enclosure mill result
in only minor additional buildin, 0 coveraee.
The proposed equipment enclosure Ljrould
be textured and painted to match the
existing building facade to ensure
architectural compatibility. Addition;tlly,
the project has been conditioned to avoid
conflicts with park activities and programs
during installation of the facility.
B. Council Policy 64
The project is also consistent with Council Policy 64 Development Guidelines for Wireless
Communications Facilities. The proposed location at the Calavera Hills Community Park is a
preferred location. The proposed flush mounted antennas and equipment enclosure are consistent
with applicable design guidelines in that the antennas will visually blend into the surface of the
light standard and the antennas do not project outward more than 18” from the pole. The
proposed block equipment enclosure will be integrated into the architectural design by texturing
and painting to match the existing gymnasium. Although the 8’ high equipment enclosure is
located 5’ from the property line separating the park from the future Fire Station No. 3 site, the
setback standard of 8’ is not applicable because it is not adjacent to a residentially zoned
property. There are no specific setback requirements applicable to the park site; however, the
equipment structure is located along the side property line where it is 6’ lower than the Fire
Station site. It will therefore have little visibility from the adjacent parcel. Performance
standards for noise and lighting are satisfied in that noise generated by equipment will be
negligible and no additional lighting is proposed. The facility will be in compliance with the
FCC RF Exposure Guidelines, and this will be verified after installation.
V. ENVIRONMENTAL REVIEW
The construction and installation of small new equipment facilities or structures is a Class 3
Categorical Exemption under the California Environmental Quality Act (Guidelines Section
15303). The FCC requires compliance with radio frequency power density standards
(ANSUEEE C95.1-1992) for the general public; therefore, the project would not have a
significant impact on the environment. A Notice of Exemption will be filed by the Planning
Director upon project approval.
The use generates very little traffic,
requiring only routine monthly maintenance
visits and occasional visits in response to
operational problems.
CUP 01-09 - SPRINT PCS - CALAVERA HILLS COhlMUNITY PARK
December 17,2003
Page 4
ATTACHMENTS:
1.
2. Location Map
3. Background Data Sheet
4. Disclosure Statement
5. Reduced Exhibits
6.
Planning Commission Resolution No. 55 14
Exhibits “A” - “D” dated December 17,2003
AH:bd
SPRINT PCS - CALAVERA HILLS COM M U N ITY PARK
CUP 01-09
BACKGROUIVD D-4T.A SHEET
CASE NO: CUP 01 -09
CASE NARIE: SPRINT PCS - CALAVERA HILLS COAlhILTITY PARK
APPLICAET: SPRINT PCS
REQUEST AND LOCATION: Southeast comer of Carlsbad Village Drive and Tamarack
Avenue.
LEGAL DESCRIPTION: All that portion of Lot “J” of Rancho Agua Hedionda. in the Citv
of Carlsbad, Countv of San Diego, State of California. according to Map thereof No. 823 filed in
the Office of the County Recorder of San Diego County, on November 16, 1896
APN: 167-1 01 -34: -35 Acres: N/A Proposed No. of LotsNnits: N/A
GENERAL PLAN AND ZONING
Land Use Designation: OS
Density Allowed: N/A
Existing Zone: P-C
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: P-C
Zoning General Plan
Site P-c os
North P-C os
South P-c os
East P-c os
West P-c os
Current Land Use
Community park
Community park
Community park
Fire Station No. 3 vacant site
Community park
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Municipal Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
[7 Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Categorical Exemption, Section 15303 - small new eauipment/structures
City of 8 Larkbad w 8
-*Y. 2447 GL~~*D!!!!!!!! SPRIeT ThMhCXk 9 13 DISCLOSURE STATEMEKT
Applicant's statement or Qsclow of cmm ownership mtercsts on oil applicarlons n hrh n 111 rrquirc '
discnttonrry action on the pur of the C~ry Council or my rppointcd Bd. fommtsrlon or Comrnincc
The followmg rnforrmtion MUSf bc disclosed at rhc time of applicaoon submrnal. j'our project c3nno1
be reviewed mal ht domution is completed. Please pnnt.
APPLICANT (Not the rppliunt 's agent)
Rovtde the names md rddrtoscs of& persons having a finutcid interest 111 the rpplicanon. If the applicant mciudcr a s . include the names. utle, rddmres of dl indivldurlt owning more than 10% of the rhus. IF NO
INDIVIDUALS OWN MORE "AN 10% OF THE SHARES, PLEASE INDICAE NON-
names, titles, and addresses of the corpontr officers. (A ~paraW page may be 8tt8chcd lf
mccrsuv.)
APPLICABLE OJiA) M THE SPACE BELOW If a . IncludCthC
2.
Title <aaa*8-- Title
Addre5s 2 116 -r~m ** Address &US ~~4mt bmk Ytao
MdbCrr*,a a&7 PLW1umqCA 9468ti
OWNER (Not the owner's eat) Prow& the names md addresses of && pnwns having my ownerstup intcrcrt in the pmpeny involved. Also. provide the rm.~t of the legal owntnhip (i-e, pumaship, tCnintr In commm, non-profit. corporrtion, etc.). If the ownmrhrp includes a
M uartncrs& include the names, Wlc. addresses of a11 indlvidwts owning mort
PLEASE INDICATE NON-APPLICABLE @/A) M THE SPACE BELOW. If a
ppgc my be attached if ncccrtuy.)
thM 10% of the shes. IF NO MDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
include tbc names, titles, and addresses of the corporate officers. (A scponte
,Ow& DuAD+W5d
perron t1w CN&LSbAd3 Corp/Prn
1635 Faraday Avenue Carrsbad. CA 92008-7314 - (780) 6024600 FAX (760) 602-6559 @
3 NON-PROFIT ORGAWIUTION OR TRUST
If my person idcnlified pursuant to (1) or’(2) sbovc is -?or a !r!i<r. 11sr IIIC
names and addresses of ANY person serving as an oficcr or dircctor of the non-profi!
organization or as trufice or beneficiary of tlx.
Non Protitrfrust Non ProfiVfrust
Address Address
4. IIavc you had more than E250 worth of business transacted with any member of Cily staff. Boards, Commissions, Coniminecs and/or Council within the p3sr twelve (12) months?
r] yes 0 NO If yes, please indicate pason(s):
NOTE: Attach adhtional sheets if ncccssary.
I certify that all the above infonnotion is true and correct to the best ofmy knowledge.
Piint or typc name of owner Rint or type name of applicant
H:ADMIN\CO~NTER\OISCL~SURE STATEMENT 5/98 Page 2 of 2
Y U a
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WIRELESS TELECOMMUNICATIONS FACILITY
LICENSE AGREEMENT
Sprint PCS - Calavera Hills Community Park
This Agrement is made between the City of Carlsbad, a municipal corporation
(“Licensor”), and Sprint PCS Assets, L.L.C. a Delaware Limited Liability Company (“Sprint
PCS) (“Licensee”), effective Feb F%*P% a+* ,2005 (“Effective Date”).
RECITALS
A. Licensor is the owner of real property commonly known as the Calavera Hills
Community Park (“Property”) and more particularly described in Exhibit “A.”
B. Licensee desires access to and limited use of a portion of the Property to install,
maintain and operate wireless telecommunication facilities and equipment as more particularly
described in Conditional Use Permit (“CUP”) No. bl-bbq, attached as Exhibit “B.”
C. Licensor is willing to allow Licensee access to and limited use of a portion of the
Property for this purpose under certain terms and conditions.
NOW, THEREFORE, the parties agree as follows:
GRANT OF LICENSE
1. Scope of License. Licensor grants to Licensee a non-exclusive license to use the
portion of the Property described in Exhibit “C” (the “Premises”) for the purposes of installing,
maintaining, and operating the facilities and equipment described in CUP No. b I @I In addition
to being subject to the terms and conditions in this Agreement, the license is subject to the terms
and conditions of CUP No. o! 4% and any other required government approvals.
2. Term of License. The term of the license shall commence as of the Effective Date
above (“Commencement Date”). The initial term shall be equal to the tenn of corresponding
CUP No. 0 14 (“Initial Term”). Licensee shall have the option to renew the License for up to
two additional terms, subject to and coextensive with the extension of CUP No. (“Renewal
Terms”).
The renewal of this Agreement is subject to any changes in the terms and
conditions mutually agreed upon by the parties or requested by Licensor, including technological
improvements to reduce the impact of the Licensee’s facilities and equipment. Licensee must
provide the Licensor at least one hundred eighty (1 80) days written notice of its desire to renew
and must submit a timely application for the extension of CUP No.0 J -Jq. The renewal shall not
be effective unless and until the Licensee and Licensor have executed a written amendment to
this Agreement setting fortb the particular terms and provisions of the renewal.
City Attorney Approved Version #06.17.03
1
3. License Fee. Licensee shall make a one-time lump sum payment to Licensor of
Forty Thousand Dollars ($40,000). In addition, Licensee shall pay an initial annual fee (the
“License Fee”) of Thirty Thousand Dollars ($30,000). The fee is payable in equal monthly
installments of Twenty-five Hundred Dollars ($2500), without abatement, deduction, or offset,
on the first day of the month. The fee@) will be adjusted annually on the anniversary of the
Commencement Date by the percentage increase in the most recently published Consumer Price
Index-All Urban Consumers for the San Diego Metropolitan Statistical Area over the rate in
effect on the Commencement Date of the prior year. This increase shall not be less than three
percent (3%) or more than six percent (6%).
If any monthly fee payment is not received by Licensor by the fifth day of the
month in which it is due, the fee payment shall be deemed delinquent and ten percent (10%)
interest shall accrue on the unpaid amount. IfLicensee is delinquent for two (2) or more months
in any twelve (12) month period, Licensor may immediately terminate this Agreement and
demand removal of Licensee’s facilities and equipment &om the Premises within ten (10)
business days, or remove the facilities and equipment itself and charge Licensee for the cost of
removal and storage.
4. Relationshh of License and CUP No. 61 4 . The granting of this license is
contingent upon the continuing validity of CUP No. o 14 . This Agreement shall automatically
terminate upon the expiration or revocation of CUP No. 0 I fl. The modification or extension of
CUP No. & does not obligate the Licensor to modify or extend this Agreement nor does the
continuing validity of CUP No. D 1-09 preclude the Licensor from exercising any rights under this
Agreement, including the right to terminate this Agreement for convenience under paragraph 13
below.
5. Limitations on License. Nothing in this Agreement is intended to create an
interest or estate of any kind or extent in the Property or Premises. Licensee firther
acknowledges and agrees that this Agreement does not create a landlord-tenant relationship and
Licensee is not entitled to avail itself of any rights afforded to tenants under the laws of the State
of California.
6. No Warranty. Licensor makes no warranty or representation that the Premises are
suitable for Licensee’s use. Licensee has inspected the Premises and accepts the same “as is.”
Licensor is under no obligation to perform any work or provide any materials to prepare the
Premises for Licensee.
LICENSEE’S OBLIGATIONS
Licensee shall:
7. Use the Premises solely for the purposes allowed within the scope of the license. If
required by Licensor, a security fence, consisting of chain link construction or similar but
comparable construction, shall be placed around the perimeter of the facilities and equipment of
Licensee. All improvements shall be at Licensee’s expense. Licensor will maintain the Premises
in a reasonable condition.
City Attorney Approved Version #06.17.03
2
8. (a) Be responsible for constructing and operating Licensee’s equipment and facilities
in according with applicable regulations issued by the Federal Communications Commission
(“FCC”). This includes, without limitation, installing any equipment, at Licensee’s expense, to
eliminate any interference that might be caused by the location of Licensee’s facilities and
equipment with the existing facilities and equipment of Licensor or of other parties already on
the Property at the commencement of this Agreement or with frequencies utilized by law
enforcement and fire and rescue services personnel.
(b) Understand and agree that this license is not exclusive. Licensor reserves the right
to enter into agreements with other parties, including but not limited to telecommunications and
information services providers (hereinafter “Carriers”) for use of the Property or Premises.
Accordingly, License’s fhcilities and equipment must be designed, constructed, and installed in a
manner that will allow for collocation. In the event that an additional Carrier is licensed to use
the Property or Premises, it shall be the new Carrier’s responsibility, at its expense, to ensure that
such installation is constructed and operated in accordance with applicable FCC regulations. If
Licensor approves Carrier’s plans and specifications, Licensor shall notify Licensee in writing as
to the scheduled date and time of commencement of construction and installation of Carrier’s
facilities and equipment not less than five (5) business days prior to such date. Any change to
the additional Carrier’s approved facilities, equipment, and location shall be made compatible
with Licensee’s facilities and equipment at Carrier’s sole expense. Except as otherwise required
by applicable law, disputes between the Licensee and other Carriers over the use of the Property
or the Premises shall be submitted to Licensor’s City Manager or an authorized designee for final
resolution.
9. Be fblly responsibie for any equipment and facilities installed on the Premises by
Licensee, including providing fire, theft, and extended coverage insurance.
10. Comply with all applicable federal, state, and local laws, including FCC regulations,
City of Carlsbad City Council Policy No. 64, and related City of Carlsbad Municipal and Zoning
Code provisions.
11. (a) Be responsible for securing any necessary permits or conditional use permits
from any governmental agency to install any facilities or equipment of Licensee on the Premises.
Licensee may substitute, modi@ and/or add to its facilities and equipment located on the
Premises from time to time, provided that Licensee first obtains any and all required
governmental approvals for such substitution, modification andor addition and the written
approval of Licensor. Licensor reserves the right to increase the License Fee if the Licensor
determines that the substitutions, modifications, or additions materially alter the scope of the
license. In addition, any change to Licensee’s approved antennae 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. IfLicensee’s
plans and specifications are approved by Licensor, 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 five (5) business days prior to such date.
City Attorney Approved Version #06.17.03
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(b) Understand and agree that, in addition to obtaining and maintaining CUP No. 0 1401, Licensee’s ability to use the Premises for the purposes contemplated by this Agreement is
dependent upon Licensee obtaining and maintaining all of the certificates, permits and other
approvals which may be required from other federal, state or local authorities, and any easements
which are required from any third parties. Licensor shall cooperate with Licensee in its efforts to
obtain such approvals and/or easements, as may be required for Licensee’s facilities and
equipment as approved in CUP No. 61 49- If (i) any application and/or negotiations by Licensee
for any required certificate, permit, license, easement, approval, policy of title insurance, or
agreement is finally denied, rejected andor terminated, (ii) any such certifkate, 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 or the Premises, other than as direct result of Licensee’s activities, or (iv) due to
technological changes, 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
fiom delivery of written notice fiom Licensee to Licensor provided Licensee has removed all of
its property and equipment from the Premises by that time.
12. Be responsible for all utilities and any property taxes imposed as a result of the use
of the Property by Licensee. Licensee specifically acknowledges that the grant of this license
may subject Licensee to certain taxes under California Revenue and Taxation Code section 107.6
and agrees it is solely responsible for the payment of these taxes.
13. (a) At Licensee’s sole expense and within thirty (30) days after the mailing of written
notice by Licensor, protect, temporarily disconnect, relocate, modi@ or remove its equipment,
facilities, andor other property if Licensor determines, in it sole discretion, that Licensee’s
equipment, facilities, andor other property are inconsistent with or interfere with Licensor’s
current or planned use of the Property or Premises. Further, in consideration for Licensor’s
agreement to enter into this License, Licensee waives any and all rights it may have under
federal or state law for relocation assistance benefits if Licensor requires Licensee to relocate or
make use of the Property or Premises in such a way as to displace Licensee from the Property or
Premises. Licensee shall execute any fiuther documentation of this release and waiver as
Licensor may reasonably require in the future.
If Licensee does not protect, temporarily disconnect, relocate, or remove its
equipment, facilities, and/or other property within the time period specified above, Licensor may
remove the equipment, facilities, and property and charge Licensee for the cost of removal and
storage. Alternatively, upon Licensee’s request, Licensor may approve the abandonment of
Licensor’s facilities, equipment, or property in place. Upon approval, Licensee shall execute,
acknowledge and deliver any necessary documents to transfer ownership of the facilities,
equipment and property to Licensor.
14. Pay a fse of two times the then existing monthly rate if upon expiration or
termination of this Agreement, Licensee remains on the Property. The increase will take effect
on the first day after expiration or termination of this Agreement and continue until Licensee
City Attorney Apved Version #06.17.03
4
vacates the Premises by removal of its facilities, equipment, and/or property, or by authorized
abandonment in accordance with paragraph 13(c) above.
As security for Licensee’s performance under this paragraph and paragraph 13, Licensee
shall post a faithful performance bond, in a form acceptable to the City Attorney and in the
amount of Twenty Thousand Dollars ($20,000) with the Engineering Department. The bond will
be released upon Licensee’s written request, after confirmation by the City Engineer or a
designee that the facilities and equipment have been removed and the Premises restored to the
City Engineer’s satisfaction.
15. Exercise due diligence in utilizing the Premises of Licensor so as to not interfere
with utilization of the Property or Premises by Licensor or other authorized persons, and
Licensee agrees to comply with any rules and regulations Licensor may promulgate at any time
in reference to utilization of the Property or Premises by any party other than Licensor. It is
understood by Licensee that the Property is used by Licensor as a Community Park and as a part
of the Community Parks system of the Licensor and that it is necessary to maintain adequate
security at all times for the primary utilization of the Property by Licensor.
16. Waive all claims against Licensor for any damages to the personal property and
equipment of Licensee in, upon or about the Property and Premises and for injuries to any
employees of Licensee or their agents in, upon, or about the Property or Premises fiom any cause
arising at any time. In addition, Licensee will indemniQ, defend, and hold Licensor, including
their elected and appointed officials, officers, employees, contractors and agents (“Indemnified
Parties”), exempt and harmless fiom any damage or injury to any person, or any property, arising
fiom the use of the Property or Premises by Licensee or Licensee’s officers, employees,
contractors, or agents, or fiom the failure of Licensee to keep the equipment and facilities in
good condition and repair, as provided for in this Agreement.
Licensee’s indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the Indemnified Parties in defending against such claims, whether the
same proceed to judgment or not.
17. (a) Obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or darnage to property which may
arise out of or in connection with use of the Property or Premises by Licensee or Licensee’s
agents, representatives, employees or contractors. The insurance will be obtained fiom 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-:V’.
(b) Maintain the types of coverages and minimum limits indicated below, unless the
City Attorney or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Licensee’s indemnification obligations under this
Agreement. Licensor, its officers agents and employees make no representation that the limits of
the insurance specified to be carried by Licensee pursuant to this Agreement are adequate to
protect Licensee. If Licensee believes that any required insurance coverage is inadequate,
City AUomey Approved Version #06.17.03
5
Licensee will obtain such additional insurance coverage, as Licensee deems adequate, at
Licensee’s sole expense.
1) Commercial General Liability. %1,OOO,OOO combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, the general aggregate will be twice the required per occurrence limit.
2) Automobile Liability. $1,000,000 combined single-limit per accident
for bodily injury and property damage.
3) Workers Compensation and Employer’s Liability. Worker’s
Compensation limits as required by the California Labor Code and Employer’s Liability limits of
$1,000,000 per accident for bodily injury.
4) Professional Liability. Errors and omissions liability of not less than
$1,000,000 per claim. Coverage must be maintained for a period of five years following the last
date of completion of any construction or installation of facilities or equipment by Licensee on
the Property or Premises.
(c) Licensee will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
1) Licensor will be named as an additional insureds on General Liability.
2) Licensee will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
3) This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) day’s prior written notice to Licensor
sent by certified mail pursuant to the Notice endorsements to Licensor.
(d) Prior to Licensor’s execution of this Agreement and annually thereafter,
Licensee will furnish certificates of insurance and endorsements to Licensor.
(e) If Licensee fails to maintain any of these insurance coverages, the Licensor
may immediately terminate this License.
(f) Licensor reserves the right to require, at anytime, complete and certified copies
of any or all required insurance policies and endorsements.
18. Refiain from using, generating, storing or disposing 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
City Attorney Approved Version #06.17.03
6
or regulation.
immediately terminate this agreement and pursue any remedies to which it is entitled by law.
In the event of a breach of this provision by either party, the other may
19. Install, at its own cost:
(a) a separate electrical panel and meter for its facilities and equipment and
be responsible for all electrical costs attributable to its facilities and equipment.
(b) a separate water meter for any landscaping required by CUP No. dl or
other federal, state, or local approval and be responsible for all water and maintenance costs
attributable to the this requirement.
20. Provide Licensor with “as-built” drawings for the facilities and equipment within
thirty (30) days after the facilities and equipment are installed.
21. Perform the installation in a neat, responsible, workmanlike manner, using generally
accepted construction standards, consistent with such reasonable requirements as shall be in
imposed by Licensor. To ensure this obligation is met, Licensee agrees to submit to such
inspections determined to be necessary by Licensor during the installation process and to
promptly correct any deficiencies noted by Licensor during the inspection process.
22. Repair or refinish, at Licensee’s sole cost and expense, any Surface or other portion
of the Property or Premises that is damaged by or during the installation, maintenance, or
operation of the facilities and equipment. Without limiting any other available remedies, if
License fails to repair or refinish such damage, Licensor may, in its sole discretion, but without
any obligation to do so, repair or refinish the damage and Licensee shall reimburse Licensor all
costs and expenses incurred in the repair or refinishing.
23. Ensure that the Premises are maintained in a clean, safe condition and that Licensee’s
facilities and equipment are in good repair and fiee of any defects.
LICENSOR’S OBLIGATIONS
Licensor will:
24. Allow the construction and installation of equipment and facilities on the Property
for use of Licensee, as approved in CUP No. d 144 .
25. Allow reasonable ingress and egress for Licensee to the Property, including access
any time in cases of emergency or equipment failure.
26. Be responsible for its own equipment.
27. Grant any necessary temporary easement or license for as long as this License is in
effect, as required for extension of electric and telephone service to the site as specified in CUP
No. m?l
City Attorney Approved VerSian #06.17.03
7
28. In addition to the right to inspect under Paragraph 21 above, Licensor and its agents
shall have the right to enter the Premises upon twenty-four (24) hour’s advance notice to
Licensee, during reasonable business hours, for any purpose consistent with Licensor’s status as
the owner of the Property and Licensor under this Agreement. Such right is in addition to and in
lieu of any right Licensor may have as the local regulatory authority. In the event of an
emergency, the notice requirement will be waived.
MISCELLANEOUS PROVISIONS
29. Any action at law or in equity brought by either of the parties for the purposes of
enforcing a right provided by this Agreement will be tried in a court of competent jurisdiction in
the County of San Diego, State of California, and the parties waive all provisions of law
providing for a change of venue in these proceedings to any other county.
30. Licensee may not assign, sublicense or transfer the License granted by this
Agreement, in whole or in part, without the prior written consent of Licensor, which Licensor
may withhold in its sole discretion, and any attempt to do so without prior written consent is
grounds for immediate revocation or termination of the License.
3 1. All notices under this License Agreement shall be in writing and, unless otherwise
provided in this agreement, shall be deemed validly given if sent by certified mail, return receipt
requested, or via recognized overnight courier service, addressed as follows (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 Licensor or Licensee have a change of address, the other party shall
immediately be notified as provided in this section of such change.
LICENSEE: LICENSOR:
National Lease Management Group
6391 Sprint Parkway,
Mailstop: KSOPHTO101-22650 Carlsbad, CA 92008
Overland Park, Kansas 6625 1-2650 Attn: City Manager
copy to: sprint Law Department
6391 Sprint Parkway
Mailstop: KSOPHTOlOl-Z2020
Overland Park, Kansas 6625 1-2020
Ann: Sprint PCS Real Estate Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Title:
32. The waiver by Licensor of any breach of any term, covenant, or condition in this
Agreement shall not be deemed to be a waiver of such tenn, covenant, or condition for any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
33. If‘ any part of any provision of this Agreement or any other agreement, document, or
writing given pursuant to or in connection with this Agreement is finally determined to be
invalid or unenforceable under applicable law, that part or provision shall be ineffective to the
City Attorney Approved Version #06.17.03
8
extent of such invalidity only, and the remaining terms and condition shall be interpreted so as to
give the greatest effect to them.
34. The tenns and conditions of this Agreement shall bind and inure to the benefit of
Licensor and Licensee and, except as otherwise provided in this Agreement, their respective
heirs, distributees, executors, administrators, successors, and assigns.
35. The terms and conditions contained in this Agreement supersede all prior oral or
written understandings between the parties concerning the subject matter of this Agreement.
Notwithstanding this, nothing in this Agreement is intended to alter or abrogate actions taken or
conditions imposed by Licensor in its capacity as regulatory authority.
35. This Agreement shall not be modified or amended except by a writing signed by
authorized representatives of the parties.
IN WITNESS WHEREOF, Licensee and Licensor have executed this Agreement
effective the day and year first written above.
LICENSEE
*By: SPRINT PCS Assets, L.L.C., a
Delaware limited liability compgny
I ..- ,
er2 WW NCED
Dirrctor, Site Development
(print namdtitle)
**By:
(sign here)
LICENSOR
CITY OF CARLSBAD, a municipal
comration
By:
Mtysq CityManageredeB&U Mtysq CityManageredeB&U
ATTEST:
City Clerk
(print namdtitle)
If required by Licensor, proper notarial acknowledgment of execution by Licensee must be attached. Ifa
Comoration, Agreement must be signed by one corporate officer from each of the following two groups.
*Croup A.
Chairman,
President, or Vice-president
**Group B.
secretary, Assistant Secretary, CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
City Attorney Approved V&on #7.16.02
9
~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 6_r,h,b/
personally appeared
ersonally known to me -OR- proved to
Notary PublicCalifornia SAN DIEGO COUNTY
My Comm. Exp. Jan 12,2007
me on thb-dsis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that helshelthey 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.
1- Jf Signature of Notary Public
Description of Attached Document
Title or Type of Document: sQ&nc;pb S5f-m
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual 0 Corporate Officer 0 Titles(s): 0 Partner - 0 Limited
Attorney-in-Fact
Trustee 0 Guardian or Conservator
Other:
0 General
~ ~
Signer Is Representing:
Signer's Name:
[7 Individual 0 Corporate Officer 0 Title(s):
Partner - 0 Limited 0 General
Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
n
City Attorney Apved Version #7.16.02
10
DESCRIPTION OF 'TROPERTY"
All that portion of Lot "Jn of Rancho Agua Hedionda, in the City of Carlobad, 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, on November 16, 1896, being more particularly
described as follows:
Bcginning at the most Northeasterly corner of Carlsbad Tract No. 81-47 in said City and
State, according to Map thereof No. 10565, filed in the Office of the County Recorder of
San Diego County, on Januar: 17, 1983; thence South 69*28'42Iq West, 754.99 feet (record
754.89 feet per Map No. 105691, along the Northerly subdivision boundary of said Tract
No. 81-47, to the most Northwesterly corner of said Tract No. 81-47, said point being on
the center line of Glasgow Drive as dedicated to the public per Map No. 10565; thence continuing South 69O28'42" West, 30.02 feet to the Westerly line of Glasgow Drive and the
True Point of Beginning; thence continuing South 69O28'42I' West, 623.26 feet to a point
on the Easterly line of an easement for public roadway purposes per Document No. 85-263533 of Official Records, recorded July 24, 1985, said point being on a curve,
concave Westerly and having a radius of 1042.00 feet, a radial line to said point bears
South 85O33'46" East; thence Northwesterly, along said Easterly line of Tamarack Avenue,
along the arc of said curve, through a central angle of 23°03'2611, 419.33 feet; thence
Morth 18O37'12" West, 197.62 feet to the beginuing of a tangent curve, concave Southeasterly and having a radius of 25.00 feet; thence Northwesterly, Northerly and
Northeasterly, along the arc of said cumre, through a central angle of 90°00'OO", 39.27
feet; thence along the Southerly line of an easement for public roadway purposes per
Document NO. 86-075424 of Official Records, recorded February 26, 1986, North 71°22'48"
East, 384.68 feet; thence leaving said Southerly line, South 18°37'1211 East, 130.00 feet;
thence N0rth.71~22'48~1 East, 130.00 feet to the Westerly line of said easement for public
roadway purposes per Document No. 86-075424 of Official Records, recorded February 26,
1986; thence along said Westerly line, South 18°37'12H East, 460.04 feet to the True
Point of Beginning.
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City Attomey Appmpad Version W7.16.m
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CONDITIONAL USE PERMIT NO. f? Id
City Attorney Approved Version #7.16.M 12
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DESCRIPTION OF “PREMISES”
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City Attornqr Approved Version #7.16.02
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