HomeMy WebLinkAbout2008-10-14; City Council; 19604; License Agreement with Omnipoint Communication DBA T-Mobile USA for Cellular Site at Calavera Hills Community ParkCITY OF CARLSBAD - AGENDA BILL
19.604AB#
MTG. 1Q/14/08
DEPT.ED
LICENSE AGREEMENT WITH
OMNIPOINT COMMUNICATIONS DBA
T-MOBILE USA FOR CELLULAR SITE
AT CALAVERA HILLS COMMUNITY
PARK
DEPT. HE
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2008-285 authorizing the Mayor to execute the License
Agreement between the City of Carlsbad and Omnipoint Communications Inc. dba T-Mobile
USA for continuation of use of its cellular antenna site at Calavera Hills Community Park.
ITEM EXPLANATION:
On October 18, 1999 the Parks and Recreation Commission recommended approval of Pacific
Bell's request to install a new cellular antenna at Calavera Hill Community Park; and on July
19, 2000 CUP 00-17 was approved by the Planning Commission. Thereafter, the City of
Carlsbad entered into a license agreement with Pacific Bell Wireless approving the installation
of a new cellular antenna installation in Calavera Hill Community Park. An eighty foot light pole
located on the north side of the community center was removed and replaced with an identical
pole which could support six antenna panels mounted below the lights.
In January 2005, the City received a notice that T-Mobile had acquired all interest in Pacific
Bell/Cingular wireless cellular sites. In July 2005, CUP 00-17 expired. On May 10, 2007,
MCUP 07-04 was approved allowing for continued use of the site by T-Mobile. On August 8,
2008 T-Mobile submitted the required $20,000 performance bond and on September 10, 2008,
T-Mobile submitted the remaining documents required by the license agreement.
As a way to protect the interests of the City, the Wireless Communications Facility License
Agreement undergoes periodic review by the City Attorney's office. As a result of the CUP
expiration and a change in ownership, a new License Agreement was required. The new
License Agreement has been executed by T-Mobile and all T-Mobile's financial accounts with
the City are up to date and in order. The new Minor Conditional Use Permit will allow for T-
Mobile to operate at Calavera Hills Community Park for an additional five (5) year period, with a
monthly license fee of $2,974 per month. The MCUP will expire on May 9, 2012.
DEPARTMENT CONTACT: Karen Chen 760-2744 kchen@ci.carlsbad.ca.us
FOR CITYCLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
FISCAL IMPACT:
This License Agreement will generate $2,974 per month or $35,688 in the first year. Future
annual increases will be set at the percentage increase in the Consumer Price Index - All
Urban Consumers for the San Diego MSA, from the date of commencement. The minimum
annual increase will be three (3) percent, but in no case more than six (6) percent.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the project is exempt from the California
Environmental Quality Act, pursuant to Section 15301 of the CEQA Guidelines. Section 15301
exempts projects or activities that consist of leasing of existing public facilities involving no
expansion of use. Lease of public property for operation of a cellular communications site, and
no other plan for development of that property, is such an activity.
EXHIBITS:
1. Resolution No. 2008-285
2. License Agreement Between the City of Carlsbad and Omnipoint Communications Inc. dba
T-Mobile USA
5 WIRELESS CELLULAR FACIILITY
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10 WHEREAS, the Conditional Use Permit 00-17 expired in July 2005, and T-Mobile
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applied for a new Minor Conditional Use Permit (MCUP 07-04), which was approved on
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May 10, 2007; and
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WHEREAS, on September 10, 2008, T-Mobile has provided all required
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vr \
RESOLUTION NO. 2008-285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE LICENSE AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND OMNIPOINT COMMUNICATIONS
INC., DBA T-MOBILE USA FOR CONTINUED USE OF
CALAVERA HILLS COMMUNITY PARK FOR ITS
WHEREAS, Omnipoint Communications, Inc. dba T-Mobile USA ("T-Mobile") has
operated a cellular antenna facility at Calavera Hills Community Park ("Site") since 2000;
documents in support of the new License Agreement; and
WHEREAS, T-Mobile has executed a new License Agreement with the City of
Carlsbad for continued use of the Site as a wireless cellular antenna facility; and
WHEREAS, the City has determined that continuation of the use of the Site as a
19 wireless cellular facility is in the best interest of the public.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized to execute the License Agreement
between the City of Carlsbad and Omnipoint Communications, Inc. dba T-
Mobile USA.
27 3. That the term of the License shall coincide with the term of MCUP 07-04.
//
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14th day of October, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LEWIS/Mayor
ATTEST:
.ORRAlNt M. WO€fD, City Clerk \J
WIRELESS TELECOMMUNICATIONS FACILITY
CITY OF CARLSBAD
LICENSE AGREEMENT
This License Agreement ("Agreement") is made between the City of Carlsbad, a
munfSipal corporation ("Licensor"X/and T-Mobile USA Incorporated ("Licensee"), effective
y dJJ^^JuU IS~ 200 & ("Effective Date").
RECITALS
A. Licensor is the owner of real property located at Calavera Hills Commuity Park
("Property") and more particularly described in Exhibit "A".
B. Licensee desires access to and limited use of a portion of the Property, as further
described below to install, maintain and operate a wireless telecommunication facility with
equipment as more particularly described in Minor Conditional Use Permit ("CUP") No. _07-
04 , attached as Exhibit "B."
C. Licensor is willing to permit Licensee access to and limited use of a portion of the
Property for this stated purpose and pursuant to the below 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 (the
"License") to use that portion of the Property described in Exhibit "C" (the "Premises") for the
purposes of installing, maintaining, and operating the wireless telecommunication facility with
equipment described in CUP No. (ft-CH. hi addition to being subject to the terms and conditions
in this Agreement, this License and Licensee is subject to the terms and conditions of MCUP No.
07-04 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 License term and this Agreement shall be
equal to the term of corresponding MCUP No. 07-04 ("Initial Term"). If MCUP No. 07-04 is
extended, the Licensor's Executive Manager may renew this Agreement for an additional period
equal to the term for which MCUP No. 07-04 is extended.
The renewal of this Agreement is subject to any changes in the terms and
conditions requested by Licensor or Licensee and mutually agreed upon by the parties. Licensee
must provide the Licensor at least one hundred eighty (180) days written notice of its desire to
renew. The renewal shall not be effective unless and until the Licensee and Licensor have
executed a written amendment to this Agreement setting forth the particular terms and provisions
of the renewal.
3. License Fee. Licensee shall pay to Licensor an initial annual fee (the "License
Fee") of Thirty Five Thousand, Six Hundred Eight-Eight Dollars ($35,688.00). The License Fee is
payable in equal monthly installments of Two Thousand Nine Hundred and Seventy-Four Dollars
($2,974.00), without abatement, deduction, or offset, on the first day of each month. The License
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%).
4. If any monthly fee payment is not received by Licensor by the fifth (5th) 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. If Licensee 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 wireless telecommunication facility and equipment, including,
without limitation any specially install or ancillary equipment required by Licensee for its
wireless telecommunication facility from the Premises and Property within ten (10) business
days, or may remove the facility and all equipment associated with Licensee's wireless
telecommunication facility itself and charge Licensee for the cost of removal and storage. In
addition to any other remedy available under this Agreement, Licensor may, without notice to
Licensee exercise any or all rights to collect upon the performance bond posted pursuant to
Paragraph 14(b) below.
5. Relationship of License and MCUP No. 07-04. The granting of the License is
contingent upon the continuing validity of MCUP No. 07-04. This Agreement shall automatically
terminate upon the expiration or revocation of MCUP No. 07-04. The modification or extension
of MCUP No. 07-04 does not obligate the Licensor to modify or extend this Agreement nor does
the continuing validity of MCUP No. 07-04 preclude the Licensor from exercising any rights under
this Agreement, including the right to terminate this Agreement for convenience under Paragraph
13 below.
6. 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 further
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.
(a) Licensee may not assign, sublicense or transfer the License, hi whole or in part, to
any other persons or entity, nor may Licensee allow any other person or entity to co-locate its
facilities on Licensee's facilities without the prior written consent of Licensor, which Licensor
may withhold in its sole discretion. Any attempt by Licensee to do so without first obtaining
Licensor's prior written consent is grounds for immediate revocation or termination of the
License by Licensor. For approval of any sublicense of Licensee's facility or equipment to
another person or entity, Licensor will require additional compensation.
Acceptance af/License Fee
as noted in Section 3
(b) Licensee may, upon written notice to Licensor, assign or transfer its rights arising
under this license to any person which is (i) controlled by, controlling or under common control
with Licensee, (ii) shall merge or consolidate with or into Licensee, or (iii) shall succeed to all or
substantially all the assets, property and business of Licensee. "Control" means the right and
power to direct substantially all of the management and policies of the affiliate. Failure to
provide written notice prior to transfer is grounds for immediate revocation or termination of the
License by Licensor.
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 Licensee's facilities and
equipment. All improvements shall be at Licensee's expense. Licensor will maintain the
Premises in a reasonable condition.
8. Licensee or user shall construct and operate Licensee's equipment and wireless
telecommunication facility in accordance 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 wireless telecommunication facility and equipment with the existing
facilities and equipment of Licensor or of other parties which are already on the Property at the
commencement of this Agreement or with frequencies utilized by law enforcement and fire and
rescue services personnel. Licensor agrees that any license or agreement to allow
communications equipment at the Property shall contain the foregoing provision or one
substantially similar.
9. Be fully responsible for any equipment and facility 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, as amended from time to time.
11. (a) Secure all necessary permits or conditional use permits from any governmental
agency to install any wireless telecommunication facility and associated equipment of Licensee
on the Premises. Licensee may substitute, modify 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 and/or addition and the
expense of Licensee, be made in accordance with applicable regulations issued by the FCC. If
Licensee's plans and specifications are approved by Licensor, Licensee shall notify all other
telecommunications and information services providers located on the Property per Paragraph 29
below (hereinafter "Carrier"), in writing, as to the scheduled date and time of commencement of
construction or installation of Licensee's modified equipment not less the five (5) business days
prior to such date. Any unauthorized modifications of Licensee's facilities or equipment is
ground for immediate revocation of the License by Licensor.
(b) Maintain MCUP No. 07-04 and all of the certificates, permits and other
approvals, which may be required from other federal, state or local authorities, and any
temporary easements or other rights of entry, which are required from any third parties. Licensor
shall cooperate with Licensee in its efforts to obtain such approvals and/or temporary easements
or rights of entry, as may be required for Licensee's wireless telecommunication facility and
equipment as approved in MCUP No. 07-04. If (i) any application and/or negotiations by
Licensee for any required certificate, permit, license, temporary easement, right of entry,
approval, policy of title insurance, or agreement is finally denied, rejected and/or terminated, (ii)
any such certificate, permit, license, temporary easement, right of entry, approval or agreement is
canceled, or expires, or lapses or is otherwise withdrawn or terminated, (iii) any Hazardous
Materials (as defined in Paragraph 18 below) 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 or business 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 from delivery of written notice from Licensee to Licensor, provided
Licensee has removed all of its personal property, fixtures, electrical meters, and equipment from
the Premises and Property 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 the 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, modify or remove its
equipment, facilities, and/or other property if Licensor determines, in it sole discretion, that
Licensee's equipment, facilities, and/or 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 Agreement, 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 further documentation of this release and
waiver as Licensor may reasonably require in the future.
(b) 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
Licensee's facilities, equipment, or personal property in place. Upon approval, Licensee shall
execute, acknowledge and deliver to Licensor any necessary documents to transfer ownership of
its facilities, equipment and personal property to Licensor.
14. (a) Pay a fee 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 (1st) day after expiration or termination of this Agreement and will continue until
Licensee vacates the Premises by removal of its facilities, equipment, and/or personal property,
or by authorized abandonment in accordance with Paragraph 13(b) above.
(b) As security for Licensee's performance under this paragraph and Paragraph
13 above, 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. Absent a breach to any term or condition of this Agreement, the performance bond
will be released upon Licensee's written request and after confirmation by the City Engineer or
designee that the wireless telecommunication facility and equipment has been removed and the
Premises restored to the satisfaction of the City Engineer.
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 reservoir site and as a part of
the water delivery 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. (a) 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 from any cause
arising at any time, except any damages arising from the willful misconduct of the City of
Carlsbad. In addition, Licensee will indemnify, defend, and hold Licensor, including all of its
elected and appointed officials, officers, employees, contractors and agents ("Indemnified
Parties"), exempt and harmless from any damage or injury to any person, or any property, arising
from the use of the Property or Premises by Licensee or Licensee's officers, employees,
contractors, or agents, or from the failure of Licensee to keep the wireless telecommunication
facility and equipment in good condition and repair, as provided for in this Agreement.
(b) 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 damage 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 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-:V".
(b) Maintain the types of coverages and minimum limits indicated below, unless the
City Attorney or Carlsbad's 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, Licensee will obtain such additional insurance coverage, as Licensee deems
adequate, at Licensee's sole expense.
1) Commercial General Liability. $1,000,000 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.
(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 additional insured on General Liability.
2) Licensee will obtain occurrence coverage, 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
in accordance with Paragraph 32 below.
(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 rights to require, at anytime, complete and certified
copies of any or all required insurance policies and endorsements.
18. Refrain 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
or regulation. In the event of a breach of this provision by either party, the other may
immediately terminate this Agreement and pursue any remedies to which it is entitled by law.
19. Install, at Licensee's own cost:
(a) a separate electrical panel and meter for its wireless telecommunication
facility and equipment and be responsible for all electrical costs attributable to its facility and
equipment.
(b) a separate water meter for any landscaping required by CUP No. 00-17 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 wireless telecommunication
facility and equipment within sixty (60) days after the facility 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.
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 wireless telecommunication facility 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
wireless telecommunication facility and equipment are in good repair and free of any defects.
LICENSOR'S OBLIGATIONS
Licensor will:
24. Allow the construction, installation, operation, and maintenance of Licensee's
wireless telecommunication facility with associated equipment on the Property and Premise for
use by Licensee, as approved in CUP No. 00-17.
\(
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 right of entry for as long as this License
is in effect, as required for extension of electric and telephone service to the Premises as
specified in CUP No. 00-17.
28. 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.
29. Licensee understands and agrees that the License is not exclusive. Licensor reserves
the right to enter into agreements with other parties, including, but not limited to additional
Carriers for use of the Property. In the event that an additional Carrier is licensed to use the
Property, it shall be such Carrier's responsibility, at its expense to ensure that such installation is
constructed and operated in accordance with applicable FCC regulations. If Licensor approves
such 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 the 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 and/or change in A/jf\
and AJ//} 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 the other Carriers over the use of the Property shall be submitted to Licensor's City Manager
or an authorized designee for final resolution.
GENERAL PROVISIONS
30. Any breach of Licensee's obligations under this Agreement is grounds for revocation
or termination of this License by Licensor. Other than a breach based upon Licensee's failure to
pay money when said money is due, Licensor shall give Licensee written notice of such breach
and so long as Licensee acknowledges the receipt of the notice of breach and informs Licensor of
its willingness to cure the breach within a reasonable period of time, Licensor shall give Licensee
a reasonable opportunity to cure such breach. Licensee shall diligently prosecute such cure.
31. 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.
32. All notices under this 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:
T-Mobile USA, Inc CITY OF CARLSBAD
10180 Telesis Court, Ste. 333 1635 Faraday Avenue
San Diego, CA 92121 Carlsbad, CA 92008
Attention: Legal Department Attn: Cynthia Haas
Title: Manager Economic Development & Real Estate
33. 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 term, covenant, or condition for any
subsequent breach of the same or any other term, covenant, or condition of this Agreement.
34. 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
extent of such invalidity only, and the remaining terms and condition shall be interpreted so as to
give the greatest effect to them.
35. The terms 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.
36. 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.
37. This Agreement shall not be modified or amended except by a writing signed by
authorized representatives of the parties.
38. All identified or referred to Exhibits are incorporated into this Agreement by this
reference.
IN WITNESS WHEREOF, Licensee ^nd Licenser /fia^fej /(executed this Agreement
effective the day and year first written above.
LICENSEE
allacher
, Engineering
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF—S*iS
On-
DATE
-before me,i
NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC
u
Y
personally appeared,
personally known to me (01 piuvud 10 me oh UiC baaia of satisfactory cvidonoo) to be the
person^ whose name(-s} is/nre 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
hi&%cr/thoir signature^ 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.
NOTAR^UBLIC SIGNATURE
.(SEAL)
COMMf 1626949
NOTARY PUBLIC • CALIFORNIA
. SAN WEGO COUNTY
Cornm.B(^DK^2009
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT -
DATE OF DOCUMENT NUMBER OF PAGES
SIGNERS(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME SIGNER'S NAME
RIGHT THUMBPRINT RIGHT THUMBPRINT
LICENSOR
CITY OF CARLSBAD, a municipal
corporation)
ATTEST:
If required by Licensor, proper notarial acknowledgment of execution by Licensee must be attached. If a
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
* Group A.
Chairman,
President, or
Vice-President
**GroupB.
Secretary,
Assistant Secretary,
CFOor
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.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
10
Delegation of Contract Signing Authority Form
Purpose for which authority is being delegated:
The undersigned, as Senior Vice President of the below listed companies, does hereby
delegate to David Gallacher, Vice President, Engineering & Operations, West Region,
signing authority to negotiate and enter into the following documents:
Lease Agreements • Independent Contractor Agreement • Professional Services
Agreement • Master Construction Services Agreement • Operations Service
Agreement • Notice to Proceed • Inbuilding Agreement
on behalf of the following companies:
T-Mobile West Corporation Omnipoint Communications, Inc. TMO CA/NV, LLC
T-Mobile Texas, LP by T-Mobile West Corporation, its general partner
Maximum Amount of Signing Authority: $500,000
NOTE: Under no circumstance shall the obligation exceed the signing authority limits outlined in the EXPENSE
AND CAPITAL EXPENDITURE SIGNATURE AUTHORITY LEVELS policy.
Expiration Date of signing authority: N/A
By signing this document I acknowledge that I have read, understand and will comply with
the Company Policy orL^oTftracrReviejv and Administration. Person delegating authority:
(Must be Vice President or abov£
SIGNATURE:
NAME:
TITLE:neering & Operations
Person authority is being c
SIGNATURE:
NAME:
ce President, Engineering & Operations, West Region
** A copy of this Form must be attached to each contract to which it applies. **
EXHIBIT A
DESCRIPTION OF "PROPERTY"
Exhibit "A"
GENEf
1. DRAW
ANDPURP
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2. PRIORTHE JTHE NDOCUACCO
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3. THE CPROC
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"- S|{WORKMINORNOT 'IMFSOSIDOEARCHPRIOR
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1 3. CONT
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17. THE CmcH
FAWAR--
3AL NOTES
NGS AAE NOT TO BE SCALED. WRITTEN DIMENSIONS TAKE PRECEDENCE,XIS SET Qf PUMS IS MTENOEO TO BE USED FOB DIAGRAMMATICSES ONLY. UNLESS NOTED OWEHWtSE. THE GENERAL CONTRACTOR'SOf WORK 5H1LL INCLUDE FURNISHING ALL MATERIALS, EQUIPMENT,AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETELAT10NS AS DESCRIBED HEREIN.
TQ THE SUBMISSION OF BIDS. THE CONTRACTORS INVOLVED SHALL VISITOB SITE AND FAMILIARIZE THEUSELVES WITH AU. CONDITIONS AFFECTINGy PROJECT. WITH THE CONSTRUCTION ANO CONTRACTENTS FIELD CONDITIONS AND CONFIRM THAT THE PROJECT MAY BEPUSHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTOR. ANY5. OMISSIONS, OR DISCREPANCIES ARE TO BE BROUGHT TO THETON OF TME ARCHITECT/ENGINEER.
LNERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO
-Y DEFINED BY THE CONSTRUCTION DRAWINGS/CONTRACT DOCUMENTS.
ONTRACTOR SHALL SUPERWSE AND DIRECT THE PROJECT DESCRIBED. me CONTRACTOR SHALL BC SOLELY RESPONSBLE FOB ILL
RUCTION MEANS METHODS. TECHNIQUES. SEQUENCES ANO PROCEDURES
OR COORDINATING ALL PORTIONS OF THC WORK UNOEH THE CONTRACT.
ONTRACTOR SHALL INSTALL ALL EQUIPMENT ANO MATERIALS
WISE OR WHERE LOCAL COOES OR ORDINANCES TAKE PRECEDENCE.
ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, ANDANCES. CONTRACTOR SHALL CM! ALL NOTICES ANO COUPLY WITH ALLORDINANCES. RULES, REGULATIONS AND LAWFUL ORDERS OF ANY PUBLICttlTY, MUNICIPAL AND UTHJTY COMPANY SPECFICATIONS. AND LOCAL
WCTION DOCUMENTS UPDATED WITH TH£ LATEST REVISIONS AND
» OR CLARIFICATIONS FOB USE BY ALL PERSONNEL INVOLVED
THE PROJECT.
TRUCIURAL COMPONENTS OF THIS PROJECT SITE/FACILITY ARE NOT TO BED BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHERWISE.
5 INCLUDED HEREIN ARE INTENDED TQ SHOW END RESULT OF DESIGN.MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS ORONS. AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE
M. APPROVED MATERIALS IF APPLICABLE TO THIS FACILITY AND OR
Of A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THIN 2-A
AIOBC WITHIN n FEET TRAVEL DISTANCE TO ALL PORTIONS OF THE PROJECTDURING CONSTRUCTION.
CEMENTS. EASEMENTS, PAVING. CURBING. ETC. DURING CONSTRUCTION.COMPLETION OF WORK. CONTRACTOR SHALL REPAIR ANY DAMAGE THATtWE OCCURRED DUE TO CONSTRUCTION ON OR ABOUT THE PROPERTY.
(ACTOR SHALL SEE TO IT THAT GENERAL WORK AREA IS KEPT CLEAN ANO! FREE DURING CONSTRUCTION; DIS*>OSE OF ALL DIRT. DEBRIS. ANDSH; AND REMOVE EQUIPMENT NOT SPECIFIED AS REMAINING ON THESTY. PREMISES SHALL BE LEFT IN CLEAN CONDITION AND FREE FROM PAINT
RCHITECTS/ENC'NEERS HAVE MADE EVERY EFFORT TO SET FORTH INOBSTRUCTION ANO CONTRACT DOCUMENTS THE COMPLETE SCOPE OFCONTRACTORS BIDDING THE JOB ARE NEVERTHELESS CAUTIONED THATOMISSIONS C* ERRORS IN THE DRAWWCS ANO OR SPECIFICATIONS SHALLIXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT ANO
VEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THCSHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THE
rECT/ENGINEER OF ANY CONFUCTS. EWOflS. OR OMISSK3NSTO THE SUBMISSION OF CONTRACTOR'S PROPOSAL. IN THE EVENT OF
[ACTOR MUST PERFORM WORK DURING OWNER'S PREFERRED HOURS TO
DISTURBING NORMAL BUSINESS.
LL BE THE RESPONSIBLE OF THE CONTRACTOR TO LOCATE ALL EXISTING
JNTTWCTOR SHALL BEAR ALL EXPENSE OF REWUB OR REPLACEMENT INICTION WITH THE EXECUTION OF TW5 WORK.
ONTRACTOR SHALL VERIFY THE NUMBER MO LOCATION OF ALL EQUIPMENT
«5 WITH THE EQUIPMENT MANUFACTURERS.
s,te
V/v^\ i
el
^ DETAIL REFERENCE
^ 1 SECTION REFERENCE
^^ ELEVATION REFEREN
^ REVISION
•^ SPOT ELEVATION
CE
SE LINE
UTILITY PURVEYORS
WATER - N/A
SEWER - N/AGAS - N/ATELEPHONE AT&TELECTRIC SDGAE
T MOBILE NETWORK ADMINISTRATIVE:
'oigo TELESIS COURT, SUITE 333
SAN DIEGO. CA 92121
CONSULTANT TEAMARCHITECT:
MSA, ArthilKtuni t Plonni™. Inc.
CONTACT: MICHAEL SHEWBWME
ISOO E. DEERE AVE.SANTA ANA. CA. 9 2 70S
PHONE: 8*9-251-1177
PROJECT MANAGER:
PROJECT SUMMARY
OWNER:CITY OF CARLSBADarr HALL
ZONING:
C2-IVT.
OCCUPANCY:
83
APN:
ADA COMPLIANCE:
CONSTRUCTION TYPE;
UK 2001 CLASSIFICATION; -CONSTRUCTION TYPE: V-N
|| NEW PROJECT:
II COMMUNICATION|| EQUIPMENT INSTALLATION
ELECTRICAL ENGINEER:
CONTACT: ERNIE DYQUIANGCO
ISOO E. DEERE AVE.SANTA ANA. CA. 9Z703PHONE: 9*9-231-1177FAX: 9*9-251-1120
STRUCTURAL ENGINEER:
CONTACT: JASBIR SINGH
SANTA ANA. CA 92705PHONE. 9*9-251-1177FAX: 8*9-231-1120
CONTACTS
APPLICANT:Ornnipoint Comfntinicotioni Inc. gcubvdary °' T-Mottll USA Inc.3 Imperial fvomsnodtm. St«, 1100Sonlo A™. CA SZ702
CUSTOMER CONTACT:
Courtney Oaln<6t6) 519-3616
UTILITY CONTACTS:
TELEPHONE:
ATftT
CALIFORNIA BUILDING CODE (TITLE 24) WHICH ADOPTS THE
1997 UaC. UUC, UPC. AND 1996 NEC
NQIES;1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY ORSITE PLAN OF THE PREMISES ONCE IT 15 RECEIVED BY LESSEE.2. SETBACK OF THE PREMISES FROM THE LESSOR'SBOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THEAPPLICABLE GOVERNMENTAL AUTHORITIES.3 WIDTH OF THE ACCESS ROAD SHALL BE THE WIDTHREQUIRED BY THE APPLICABLE AUTHORITY, INCLUDING POLICEAND FIRE DEPARTMENTS.4. THE TYPE. NUMBER AND MOUNTING POSITIONS ANOLOCATIONS OF ANTENNAS ANO TRANSMISSION LINES ARE
ILLUSTRATIVE ONLY. ACTUAL TYPES. NUMBERS, ANO MOUNTINGPOSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
T • -Mobile ••
CALAVERA PARK
2997 GLASGOW DRIVE
CARLSBAD, CA 92008
SD06378
SHEET INDEX
Tl TITLE SHEET
A1 SITE PLAN
A2 ENLARGED SITE PLAN
A3 EQUIPMENT LAYOUT, ANTENNA LAYOUT, ANTENNA MOUNTING DETAIL
A* ELEVATIONS
LEGAL DESCRIPTION
SEE SHEET LS-1
ANTENNA ORIENTATION & COAXIAL SCHEDULE
^FfTOR A7IUDTH N0' OF RAD COAX COAXSECTOR AZIMUTH ANTENNA5 CENTER LENGTH S,ZE
A 0" 2 - - -
B 120' 2
C 240- 2 - - -
D - - - - -
PROJECT DESCRIPTION
INSTALL NEW PCS ANTENNA ON REPLACED LIGHT STANDARD ANDRADIO EQUIPMENT MODULES WITHIN ENCLOSURE ON GRADE.
LEASE AREA:170 SO. FT.
BUILDING SUMMARY:OCCUPANCY CLASSIFICATION: B-2TYPE: V-N
SPRINKLERS: YES
SUBMITTAL RECORD
SUBMIT #DESCRIPTION DATE
APPROVALS
T-M
MANAGER
CONSTRUCCOORDINA
INTERCON
ENGINEER
RF ENGIN
SITE ACQ
PLANNING
AEC
LANDLORD
PRINT SIGNATURE DATE
NAME
TION
-JFHT
FFR
15ITION
VICINITY MAP
THE FOLLOWING INFORMATION CONTAINED IN
THIS SET OF CONSTRUCTION DOCUMENTS IS
PROPRIETARY BY NATURE. ANY USE ORDISCLOSURE OTHER THAN THAT WHICHRELATES TO T-MOB1LE IS STRICTLY
PRQHWTED.
REVISIONS
REV DATE DESCRIPTION BY
0 W-Ji-Ot CUP REHCWM. £JtU
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1MSA
ArMeaun & Honning, Inc.
6920 MiramarRd, Suile 202
San Diego, Q. 92121
Ph. 858.530.0578
F*. K8530.W67
AAE SEAL:
SD06378
CALAVERA PARK
TITLE SHEET
T1
•(E) T-MOBUE "ETEHPEDeSTAL. ELECTRICALTRANSFORMER (POC), &TELCO PEoesTAt (POC>
1MSA
SITE PLAN
PROPRIETARY BY NATURE. AN
DISCLOSURE OTHER THAN TH,
RELATES TO r-U08ILE IS S
0)
iSS
3 s
!!o o
6921) MiramarRd., Suite 202
San Diego, O. K121
Ph.S5B.530.0578
Ft 858.530.1467
SD06378
CALAVERA PARK
A1
EXHIBIT B
MINOR CONDITIONAL USE PERMIT NO. 07-04
Exhibit "B"
City of Carlsbad
Planning Department
May 10, 2007
Krystal Patterson
302 State PI
EscondidoCA 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP* 07-04 - T-MOBILE USA. ING
- Request to allow the continued operation of an existing Wireless Communication Facility
(WCF) at Calavera Hills Community Park, in the P-C Planned Community Zone and Local
Facilities Management Zone 7.
Dear Ms. Patterson,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 07-04 - T-MOBILE USA, INC for an unmanned Wireless Communication Facility
at the Calavera Hills Community Park. On the 10th day of May, the Planning Director held a
duly noticed public hearing as prescribed by law to consider said request. Public testimony
was not given. After careful consideration of the evidence presented at the public hearing, the
Planning Director has determined that the findings required for granting a Minor Conditional
Use Permit can be made and therefore, APPROVES this request based on the following
findings and conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan,
including, if applicable, the certified local coastal program, specific plan or master plan in
that that the use is consistent with the General Plan in that the Open Space Land
Use designation does not preclude the provision of WCF uses, nor is it
detrimental to permitted uses in the vicinity in that the WCF is located in a
preferred location.
2. That the requested use is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located in that the existing
WCF will not result in any additional building coverage and there will be no
alterations to the existing site design.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, wafts, fences, parking, loading facilities, buffer
areas, landscaping and other development features prescribed in this code and required
by the Planning Director in order to integrate the use with other uses in the
neighborhood in that the existing WCF is existing and no modifications are being
proposed and will not significantly change the building appearance.
1635 Faraday Avenue * Carlsbad, CA 92008-7314 » (760) 802-4600 » FAX (760) 802-8559 • www.ci.carlstaad.ca.us
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Pace 2
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the existing use in that that the unmanned WCF use would
require, on average, only monthly maintenance visits and occasional visits in
response to operational problems,
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the continued operation of the antennas are proposed In an open
Splice zone (which is a preferred location) and flush mounted antennas are
located on an existing light pole in a Planned Community zone (P-C) which is a
preferred location to reduce their visibility to the greatest extent possible, and the
equipment is enclosed by an equipment enclosure. The WCF is located in a
preferred location in the P-C Zone and the existing project complies with all
applicable design guidelines in that the facility is a stealth design.
6. 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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - existing facility,
of the state CEQA Guidelines. In making this determination, 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 Director 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: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. Approval is granted for MCUP 07-04 - T-MOBILE USA, INC as shown on Exhibits "A -
P dated July 19, 2000 on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
2. 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 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 successor in interest by the City's approval of this Minor
Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Conditional Use Permit documents, as
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Fade 3
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.
4. 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 Minor Conditional
Use Permit, (b) City's approval or issuance of any permit 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which 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.
7. MCUP 07-04 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, safety and general
welfare. If the Planning Director determines that; 1) the minor conditional use permit
was obtained by fraud or misrepresentation; or 2) the use for which such approval is
granted is not being exercised; or 3) the conditions of approval have not been met; or 4)
the minor conditional use permit is being or recently has been exercised contrary to any
of the terms or conditions of approval; or 5) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the
minor conditional use permit is being or has been so exercised as to be detrimental to
the public health, safety or welfare or so as to constitute a nuisance, the Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director may revoke and terminate the minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit,
modify the conditions or impose new conditions.
8. Developer/Operator shall comply with the Federal Communication Commission's
guidelines on limits for human exposure to radio frequency {RF) electromagnetic fields.
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 Director either
(1) verification that the project is categorically excluded from having to determine
compliance with the RF exposure guidelines per 47 CFR §1,1307(b)(1); or (2) 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
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Page 4
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.
9. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-Iieu thereof, imposed by this approval or imposed by law on this
residential housing 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.
10. This Conditional Use Permit is granted for a period of five (5) years from May 10, 2007,
to May 9, 2012. 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 (5) years
upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Director may not grant such extension, unless he/she
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 Director may grant.
11. Developer shall comply with the City's Stormwater Regulations and implement best
management (BMP) practices of all times. Best management practices include but not
limited to pollution treatment practices or devices, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable.
Code Reminders:
12. 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 the 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.
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Page 5 _
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
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. Hie filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If
you have any questions regarding this matter, please feel free to contact Chris Sexton at (760)
602-4624.
Sincerely,
DON NEU
Planning Director
DN:CS:bd
c: Tecla Levy
File Copy
Data Entry
EXHIBIT C
DESCRIPTION OF "PREMISES"
Exhibit "C"
ENLARGED SITE PLAN
THE FOU.OAING INFORMATION CONTAINED IN
THIS SET OF CONSTRUCTION OOCUUGNTS ISPROPRIETARY BY NATURE. ANY USE OR
IMSA
& fbjtniV^, jnc
6921) MiramarRd, Suite 202
San Diego, Q. 92121
Ph. 858^30.0578
Fx. 858.530.1467
SD06376
CALAVERA PARK
ENLARGED SITE PLAN
A2
(O UGMT POLE
EQUIPMENT AND ANTENNA LAYOUT PLAN
THE FOLLOWING INFORMATION CONTAINEt . .
THIS SET OF CONSTRUCTION DOCUMENTS ISPROPRIETY BY NATURE. ANY USE OHDISCLOSURE OTHER THAN THAT WHICHT-MOBIIE IS STRICRY
II
IMSA
Planning, toe.
6921) Miramar Rd, Suite 21C
San Diego, 0.92121
PK.S58.53C.0578
Fx. 858.530.1467
Sun FrajidKo . SajlloAiM . Sin Diego
SD06378
CALAVERA PARK
EQUIPMENT AND ANTENNA
LAYOUT PLAN
A3
NORTH ELEVATION
EAST ELEVATION
(E) HU DOOBS */ LOWERS
(E) T-MOBILE ENCLOSIWE.- - CUU **LLS
(STUCCO FINISH) Ic METAL
- (E) 3070 MM GALV/PAINTEO
(E) T-MOBILE ANTENNAS
-(E) T-MOBILE UCHT POLE
WEST ELEVATION
E) HELD LIGHTS .QF
Of
OBILE ANTENNAS [fIAS PER SECTOR L_ ^
(3) SECTORS rR-
tNTENNAS TOTAL ^ Q
~\
-
}
H
(E) STORAGE ENCLOSURE P^1
WITH 8' CMU WAOS (STUCCO fc— ;
HNISH) Ic METAL ROOf
(E) HU GALV/PAINreO
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THE FOLLOWING II .
PROPRIETARY BY NATUHt. ANY USE OR
DISCLOSURE OTHER THAN THAT WHICH
RELATES TO r-klOeiLE IS STRICTLYPROHIBITED.
REVISIONS
DATE DESCIW
I li
IMSA
Architecture & Planning, hie.
692UMiramarRd., Suite 2112
San Diego, Ca. 92121
PK.SS8J30.0578
Fx.858J30.1467
SD06378
CALAVERA PARK
A4