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HomeMy WebLinkAbout2017-02-28; City Council; ; Adoption of Resolution Authorizing a Communications Site License Agreement with the County of San Diego to Construct and Operate a Public Safety Regional Communications System Facility at the Ellery Reservoir SiteCA Review H c§"CANs CITY COUNCIL 07. (7')O Staff Report %Foe" Meeting Date February 28, 2017 To:Mayor and City Council 0-/ From:Kevin Crawford, City Manag4 Staff Contact:Curtis M. Jackson, Real Estate Manager Curtis.jackson@carlsbadca.gov or 760-434-2836 Subject Adoption of Resolution Authorizing a Communications Site License Agreement with the County of San Diego to Construct and Operate a Public Safety Regional Communications System Facility at the Ellery Reservoir Site (2237 Janis Way) Recommended Action Adopt a resolution authorizing a Communications Site License Agreement with the County of San Diego to construct and operate a public safety Regional Communications System facility at the Ellery Reservoir site (2237 Janis Way). Executive Summary The City of Carlsbad, owner of the Ellery Reservoir site (Property),is a participant in the Next Generation Regional Communication System (RCS),in which the County of San Diego (County), as well as approximately 48 agencies within the county, have coordinated to fund and operate a regional radio system for public service agencies since 1995. The county has requested to locate a radio tower at the Property, located at 2237 Janis Way, with no payment of rent or fees over a 20-year term. This radio tower would serve as one of five repeater facilities that will be necessary to replace the one currently located on the Encina Power Station stack.The other four replacement repeater facilities are proposed to be located in other jurisdictions.As the Property is owned by the city, City Council authorization is necessary to approve the License with the County. Discussion The County currently operates an RCS public safety radio site at the Encina Power Station owned by NRG Energy,Inc.and located within the City of Carlsbad.The RCS provides primary land mobile radio communications for first responders throughout San Diego and Imperial Counties including within the City of Carlsbad.The County has radio equipment and antennas on the 400 foot-tall Encina exhaust stack, which currently provides critical public safety radio coverage that extends along the entire north-county coastal areas. The Encina Power Station is tentatively scheduled to be decommissioned in 2018;as such, NRG Energy, Inc. has elected not to renew the existing lease agreement with the County. The County has studied the radio coverage of the coastal north-county area for the purpose of finding alternative radio sites that would provide the required radio coverage.The Property provides an alternate radio site that would allow the county to continue to provide public safety radio coverage within the city after the Encina Power Station is decommissioned. The Ellery Reservoir,an above ground water tank operated by the Carlsbad Municipal Water District (CMWD),is located on the Property.Additionally,STC One,LLC and Crown Castle International have operated a wireless communications facility on the Property under a license agreement since 1997. City Council authorized execution of an Amended and Restated License Agreement with STC One,LLC on November 8, 2016, by Resolution No. 2016-226. City Council considered the County's request for a license with no rent or fees in Closed Session on June 14,2016,and indicated support for this approach.Staff has negotiated a Communications Site License Agreement (License) with county staff that includes the following modifications from the city's standard license agreement: •No license fee, administrative fees, or security deposit. The license fee would normally be set at market rate (approximately $3,600/mo.), the administrative fee would be $8,000, and the security deposit would be $75,000 to secure licensee's faithful performance and remedy any damage to the Property. The County has requested a waiver of all fees. •20-year term. The standard license agreement would be for an initial 10-year term with 5-year renewal terms. The County has requested a 20-year term. •City/CMWD use of County equipment. The county is allowing the CMWD water utility radio (SCADA) and the city Fire Department VHF antennas and related equipment to be placed on the County's Carlsbad facility. •Mutual indemnification. The County and city are indemnifying and holding each other harmless for their respective sole acts and omissions. The standard license agreement would require the licensee to indemnify, defend, and hold the city harmless. •Interference obligations. The County may not cause interference to any communications equipment authorized by the city prior to this License, and future licenses granted by the city are required to include a provision requiring those future licensees to take all steps necessary to eliminate any interference that may arise with the county's equipment. The standard license agreement would require the licensee to avoid interference with any other licensee, irrespective of who was first in time, and would not include requirements regarding the city's future licenses. The proposed License has been reviewed by the City Attorney's Office,the Real Estate Department,Risk Management,Carlsbad Municipal Water District,and the Planning Department. Fiscal Analysis City staff has estimated,based on other wireless facility license agreements at the Ellery Reservoir site,that market rate for this License would be approximately $3,600 per month. However, due to the benefit the city receives via radio coverage for public safety purposes within city limits,as well as the potential ability for the city to use the tower for other city and CMWD purposes, staff believes that a no cost license serves a valid public purpose and is in the city's best interest. Next Steps If the License is approved, the County will obtain any necessary regulatory permits, including a Conditional Use Permit, before installing its equipment on the Property. If the regulatory permits are not approved, then the county may terminate the License. Environmental Evaluation (CEQA) This license is categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 (New Construction of Small Structures) of the state CEQA Guidelines. Additionally, this license does not authorize any construction, which is subject to the city's Conditional Use Permit requirements. Exhibits 1.Resolution authorizing a Communications Site License Agreement with the County of San Diego to operate a public safety Regional Communications System facility at the Ellery Reservoir site (2237 Janis Way). EXHIBIT 1 RESOLUTION NO. 2017-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING A COMMUNICATIONS SITE LICENSE AGREEMENT WITH THE COUNTY OUF SAN DIEGO TO CONSTRUCT AND OPERATE A PUBLIC SAFETY REGIONAL COMMUNICATIONS SYSTEM FACILITY AT THE ELLERY RESERVOIR SITE (2237 JANIS WAY) WHEREAS,the City of Carlsbad is a participant in the Next Generation Regional Communication System (RCS),in which the County of San Diego ("County")and agencies within the county have coordinated to fund and operate a regional radio system for public service agencies since 1995; and WHEREAS,the County currently operates a RCS system at the Encina Power Station under a lease with NRG Energy, Inc.; and WHEREAS,the Encina Power Station is tentatively scheduled to be decommissioned in 2018, and NRG Energy, Inc. has elected not to renew its existing lease agreement with the county; and WHEREAS,the County is required to find an alternate location to place their RCS facilities within the city prior to 2018; and WHEREAS,the Ellery Reservoir site located at 2237 Janis Way ("Property")is owned by the City of Carlsbad; and WHEREAS, as one of five repeater facilities needed to replace the RCS facility currently located on the Encina Power Station, the County has requested to locate a radio tower at the Property; and WHEREAS,the County has requested with no payment of fees or administrative costs over a 20-year term due to the continued public safety benefits received by the city by way of placing the RCS facility on the Property; and WHEREAS,granting the County's request for a no-cost License Agreement serves a valid public purpose in ensuring the city has adequate public safety radio coverage, and is in the city's best interest and benefits Carlsbad through continued public safety by providing the city and neighboring communities uninterrupted radio communications between public safety agencies, including, but not limited to, the Carlsbad Fire, Police, and Public Works Departments, consistent with Public Safety Goal 6-G.3; and WHEREAS, on June 14, 2016, in Closed Session, City Council indicated support of the County's request to relocate their facilities on city property with the payment of no rent or fees; and WHEREAS, pursuant to and consistent with the City Council's direction, city staff has negotiated a Communications Site License Agreement with the County for the use of the Property to located their RCS facilities; and WHEREAS,the County is not authorized to install its equipment and improvements until it receives all necessary regulatory permits from the city including a Conditional Use Permit; and WHEREAS,the execution of this license will further the goals and objectives of the Public Safety Element of the City of Carlsbad General Plan, specifically in regards to objectives to maintain safety services that are responsive to citizens' needs to ensure a safe and secure environment for people and property in the community, pursuant to Public Safety Goal 6-G.3. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as follows that: 1.The above recitations are true and correct. 2.That the City Council hereby finds that the County's request for a no -cost License Agreement serves a valid public purpose in ensuring the city has adequate public safety radio coverage and is in the city's best interest,in that it benefits Carlsbad through continued public safety by providing the city and neighboring communities uninterrupted radio communications EXHIBIT 1 between public safety agencies, including, but not limited to, the Carlsbad Fire, Police, and Public Works Departments, consistent with Public Safety Goal 6-G.3. 3.That the Mayor is hereby authorized and directed to execute the Communications Site License Agreement, which is attached hereto as Attachment A. 4.The City Manager,or his designee,is hereby authorized to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the License Agreement with the County for the property located at 2237 Janis Way, and to do so in full compliance with the terms and conditions expressed in the aforementioned License Agreement, and to the satisfaction of the City Attorney. PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of February 2017, by the following vote, to wit: AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard. NOES:None. ABSENT:None. 4/2/T17/i717) MA HALL, MAYOR ,i3VidfiROBARBAENGLESON, CITY CLERK (SEAL) ‘‘o BAD........oi= ,?:;*t... *\' COMMUNICATIONS SITE LICENSE AGREEMENT between THE CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION and COUNTY OF SAN DIEGO, CALIFORNIA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA EFFECTIVE DATE: TABLE OF CONTENTS BACKGROUND 1 AGREEMENT 2 1.DEFINITIONS 2 2.LICENSE AREA 5 2.1.Grant and Scope 5 2.2.License Area Condition 5 2.3.Certified Access Specialist Disclosure 6 2.4.No Right to Record 6 3.USE 6 3.1.Permitted Use; Licensee Improvements and Equipment 6 3.3.Prohibited Uses 6 3.4.Access 7 3.4.1.Licensee Access 7 3.4.2.Entry and Inspection 7 3.5.Utilities 7 3.6.Tests and Surveys 8 3.7.Modifications; Alterations 8 3.8.Equipment Removal; Replacements; Routine Maintenance 8 3.9.Construction and Installation Activities 8 3.9.1.Structural Review 8 3.9.2.Performance Standards 9 3.9.3.Licensee's Contractors 9 3.9.4.Labor and Material Costs 9 3.9.5.Coordination; Supervision 9 3.9.6.Staging Area 9 3.9.7.As-Built Site Plans 10 3.10.Mineral and Water Rights 10 3.10.1.General 10 3.10.2.Mineral Rights 10 3.10.3.Notice 11 4.TERM 11 4.1.Term 11 4.2.Holdover Term 11 5.LICENSE FEE ........ ........ .....................................................12 Licensee will not be required to pay any license fees under this agreement.12 6.GOVERNMENTAL APPROVALS 12 6.1.Proprietary Capacity Acknowledgment 12 6.2.Permits and Other Governmental Approvals 12 7.MAINTENANCE 13 7.1.Licensee's Maintenance Obligations 13 7.2.City's Maintenance Obligations 13 8.INTERFERENCE 13 8.1.Licensee's Interference Obligations 13 8.2.City's Interference Obligations 14 8.3.City's Governmental Communications 14 9.TAXES 14 9.1.Title to Licensee's Equipment and Improvements 14 9.2.Possessory Interest Taxes 15 9.3.Licensee's Tax and Assessment Obligations 15 9.4.Licensee's Right to Contest Taxes or Assessments 15 10.LIENS 15 11.INDEMNIFICATION 16 11.1.Claims Arising from Sole Acts or Omissions of Licensee 16 11.3 Claims Arising from Concurrent Acts or Omissions 16 11.5 Reimbursement and/or Reallocation 17 12.ENVIRONMENTAL PROVISIONS 17 12.1.Licensee's General Environmental Obligations 17 12.2.Hazardous Substances 17 12.3.Licensee's Response to Hazardous Substance Release 17 12.4.Self Help 18 12.5.Licensee's Environmental Indemnification Obligations 18 12.6.Licensee's Liability for Hazardous Substance Release 18 13.INSURANCE 19 13.1.Licensee's Insurance Obligations 19 13.2.Contractors' Insurance 19 13.3.No Limitation on indemnification Obligations 20 13.4.City's Termination Right 20 14.ASSIGNMENT; SUBLICENSE 20 14.1.Non -Assignment 20 142.Sublicense (Collocation)20 14.3.Continuing Obligation 20 15.DEFAULT; REMEDIES 20 15.1.Defaults and Cure Periods 20 15.2.Sums Paid During Default 21 15.3.No Consequential Damages 21 15.4.No Personal Liability for City Officials, Employees or Agents 21 15.5.Cumulative Remedies 21 16.TERMINATION 21 16.1.Grounds for Termination 21 17.REMOVAL AND RESTORATION 22 18.CONDEMNATION 22 18.1.Permanent Takings 22 18.1.1.Termination and Award 22 18.1.2.No Statutory Right to Terminate 23 18.2.Temporary Takings 23 19.DESTRUCTION 23 20.NOTICES 23 21.BANKRUPTCY 24 23.MISCELLANEOUS 25 23.1.Interpretation; Construction 25 23.2.Unenforceability; Severability 26 23.3.Time for Performance; Force Majeure 26 23.4.Integration; Entire Agreement 26 23.5.Successors and Assigns 26 23.6.Amendments or Modifications 26 23.7.Waivers 26 23.8.Governing Law; Venue; Attorneys' Fees 27 23.9.Government Claims Act 27 23.10.Public Records Act Disclosure 27 23.11.Estoppels 27 23.12.Brokers 28 23.13.Survival 28 23.14.Submission for Inspection; No Offer 28 23.15.Execution; Counterparts 28 EXHIBIT A 30 EXHIBIT B 31 EXHIBIT C 32 iv COMMUNICATIONS SITE LICENSE AGREEMENT This Communications Site License Agreement ("License")dated the of ,2017 (the "Effective Date")is between the City of Carlsbad,a California municipal corporation (the "City") and the County of San Diego,a political subdivision of the State of California ("Licensee"). BACKGROUND A.WHEREAS,the City,in its proprietary capacity as a California municipal corporation, owns or controls that certain real property commonly known as 2237 Janis Way in the City of Carlsbad, County of San Diego, State of California (APN: 167 540 52) (the "Property"), as legally described in Exhibit A attached hereto and incorporated herein; B.WHEREAS, Licensee desires to license from the City certain ground space on the Property (the "License Area") for the Permitted Use (as defined in Section 3.1 (Permitted Use;Licensee Improvements and Equipment below),together with additional non -exclusive space for access and utilities,all as more particularly described and depicted in Exhibit B attached hereto and incorporated herein; C.WHEREAS,the City,in its proprietary capacity as a California municipal corporation, desires to license to Licensee the License Area for the Permitted Use on the terms and conditions in this License; D.WHEREAS,Licensee currently operates a public safety Regional Communications System (RCS)which provides primary land mobile radio communications for first responders throughout San Diego and Imperial Counties including within the City of Carlsbad, under a 20-year cost-sharing agreement with participating agencies including the City,executed by the City on January 21, 2014.Licensee currently operates an RCS public safety radio site at the NRG Energy Plant located within the City of Carlsbad.Licensee has radio equipment and antennas on the 400-foot-tall NRG exhaust stack, which currently provides critical coastal shore public safety radio coverage that extends along the northern coastal areas of the County.The NRG facility is tentatively scheduled to be decommissioned in 2018. The Ellery Reservoir provides an alternate radio site that will allow Licensee to continue to provide public safety radio coverage within the City of Carlsbad after the NRG facility is decommissioned. E.WHEREAS, this License supports the construction and operation of an RCS public safety communication facility that will provide public safety radio coverage within the City of Carlsbad. F.WHEREAS,In consideration for this License, Licensee shall, at its own expense, construct public safety communications site improvements upon the License Area that will support the RCS; and Licensee shall permit the City to attach its water page 1 / 34 Ellery Reservoir County Public Safety Radio Communication Facility utility radio (SCADA) antenna and Fire Department VHF antenna to Licensee's antenna support structure,subject to any physical,engineering,or permitting constraints and place the associated radio equipment inside Licensee's equipment shelter. NOW,THEREFORE,for good,valuable and sufficient consideration received and acknowledged, the City and Licensee agree as follows; AGREEMENT 1.DEFINITIONS "Access Route" means the non-exclusive license for physical ingress and egress over the Property from Janis Way to the License Area in the location shown on Exhibit B. "Affiliate" means any person or entity that directly or indirectly Controls,is Controlled by or is under Common Control with Licensee and has a net worth equal to or greater than ten million dollars ($10,000,000). "Agent" means any agent,employee,officer,official,contractor,subcontractor and/or representative of a party to this License in relation to the License Area. "Approved Plans"means signed Exhibit C that shows the particular locations and configurations of the Licensee Improvements and Equipment permitted under this License. "Assignment means as follows:(a)a merger,acquisition,or other transfer of a controlling interest in Licensee, voluntarily or by operation of Law;(b)Licensee's sale, assignment, encumbrance, pledge, or other transfer of any part of its interest in or rights with respect to the License Area; and (c) any action by Licensee to permit any portion of the License Area to be occupied by anyone other than itself, including a sublicense. "Bankruptcy Code" means the United States Bankruptcy Code,11 U.S.C.§§101 et seq., as may be amended or superseded. "Best Management Practices" means all those environmental or operational standards or guidelines for common and accepted practices appropriate for the business that Licensee and its Agents or Invitees engage in on the Property and/or such guidelines as have been articulated by pertinent trade associations,professional associations or regulatory agencies. "Broker" means any licensed real estate broker or other person who could claim a right to a commission or finder's fee in connection with the license contemplated herein. "Claim"means any and all liabilities,losses,costs,claims,judgments,settlements, damages, liens, fines, penalties and expenses, whether direct or indirect. page 2 / 34 Ellery Reservoir County Public Safety Radio Communication Facility "Commencement Date"means the date Licensee receives all of the necessary Government Approvals, which Licensee shall document by sending a letter to the City. "Court" means San Diego County Superior Court. "Environmental Costs" means any and all damages, fines,costs and fees that arise from:(i)any violation of or material noncompliance with any applicable Environmental Laws;(H)any violation of or material noncompliance with any environmental provision in this License; (iii) immediate response, remediation and restoration actions; (iv) actual fees and costs for project managers,attorneys,legal assistants,engineers,consultants, accountants and experts,whether employed with the damaged party or not;(v)any diminution in value,loss or restriction on use of the Property;and (vii)any damages, fines,costs or fees whether taxable as costs or not,incurred before,at or after any administrative or judicial proceeding, appeal or any other judicial review. "Environmental Laws" means any and all Laws which govern materials, substances, regulated wastes, emissions, pollutants, water, storm water, ground water, wellfield and wellhead protection, cultural resources protection, animals or plants,noise or products and relate to protection for health,safety or the environment and natural resources, including land, sediments, water, groundwater and stormwater. "Equipment" means antennas, battery backup equipment, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables, wiring and ancillary equipment for the transmission and reception of radio communication signals for voice and other data transmission, including the means and devices used to install Equipment at the License Area, peripherals,and ancillary equipment and installations,including wiring,cabling,power feeds and any approved signage attached to Equipment. "Governmental Approvals" means any governmental or regulatory licenses,permits and other approvals necessary for Licensee to install,operate and maintain Licensee Improvements or Equipment on the License Area. "Government Claims Act" means California Government Code §§ 810 et seq., as may be amended or superseded. "Hazardous Substance"means any and all substances,materials,pollutants, contaminants or products defined as or designated as hazardous,toxic,radioactive, dangerous or regulated wastes or materials or any other similar term in or under any applicable Environmental Laws.The term "Hazardous Substance" also includes,but is not limited to,(1)fuels,petroleum or petroleum-based products;or (2)any material or substance defined as a "hazardous substance,"or "pollutant"or "contaminant"in the Comprehensive Environmental Response,Compensation and Liability Act of 1980 (codified as 42 U.S.C. §§ 9601 et seq.) or California Health & Safety Code §25316, as both may be amended or superseded. page 3 134 Ellery Reservoir County Public Safety Radio Communication Facility "Holdover Term" means the month-to-month license on the same terms and conditions that License automatically converts to in the event that Licensee continues to use or occupy the License Area after the License expires or terminates,and as is defined in Section 42 (Holdover Term). "Impositions" means any and all taxes, assessments,charges,excises and exactions whatsoever, and as defined in Section 9.3 (Licensee's Tax and Assessment Obligations). "Indemnified Parties" means the City,its Agents,Invitees and their respective heirs, legal representatives, successors and assigns. "Interference" means the same as defined by 47 C.F.R.§2.1,as may be amended, which defines the term as the effect of unwanted energy due to one or a combination of emissions,radiations,or inductions upon reception in a radio communication system, manifested by any performance degradation,misinterpretation or loss of information which could be extracted in the absence of such unwanted energy. "Invitee"means any client,customer,invitee,guest,tenant,subtenant,licensee, sublicensee,site manager or assignee and sublicensee of a party to this License in relation to the License Area. "Laws" means all present and future statutes, ordinances, codes, orders, regulations and implementing requirements and restrictions of federal,state,county and municipal authorities. "License Area"means that certain ground space on the Property more particularly described and depicted in Exhibit B attached hereto and incorporated herein. "Licensee Improvements" means the Licensee-constructed fixtures and improvements shown on Exhibit C required for the operation of a public safety communications facility, including but not limited to antenna support structures,enclosed ground equipment shelter,emergency generator,emergency generator enclosure,retaining walls,utility connections, cable bridges and bollards. "Permitted Use"means construct,install,operate,maintain,remove and repair the Licensee Improvements and Equipment,in certain locations and configurations to transmit and receive wireless communications signals operated in compliance with all applicable Laws, and as is defined in Section 3.1 (Permitted Use; Licensee Improvements and Equipment). "Property" means that certain real property commonly known as 2237 Janis Way in the City of Carlsbad, County of San Diego, State of California (APN 167-540-52), as legally described in Exhibit A attached hereto and incorporated herein. "Release"means,with respect to any Hazardous Substance,any actual or imminent discharging,disposing,dumping,emitting,emptying,escaping,injecting,jettisoning, page 4 / 34 Ellery Reservoir County Public Safety Radio Communication Facility leaching, leaking, pouring, pumping, releasing, or spilling on, under or about the License Area, Access Route, Utilities Route or Property. "Staging Area" means certain space on the Property contiguous with the License Area to the extent reasonably necessary to construct and/or install the Equipment and Licensee improvements that Licensee may use on a temporary and non -exclusive basis, and as is defined in Section 3.9.6 (Staging Area). "Tests" means tests,surveys and other reasonably necessary inspections,and as is defined in Section 3.6 (Tests and Surveys). "Utilities Route" means the non -exclusive license for utility installation on, under or over the Property from Janis Way to the License Area in the location shown on Exhibit B. 2.LICENSE AREA 2.1.Grant and Scope Subject to the terms and conditions in this License, the City licenses to Licensee License Area, together with a non-exclusive right to use the Access Route and Utilities Route, for only the Permitted Use under this License and for no other purpose whatsoever without the City's prior written consent,which the City may withhold in its sole and absolute discretion for any or no reason. Licensee acknowledges that this License does not grant Licensee any interest in the Property in whole or in part. This License and all Licensee's rights and/or privileges to use the License Area will remain subject and subordinate to all leases,subleases,licenses,sublicenses,easements,reservations,covenants, conditions, restrictions and exceptions, whether recorded or unrecorded, that exist prior to the Effective Date. License Area Condition Except as may be specifically and explicitly provided otherwise in this License, the City makes no warranties or representations whatsoever about the Property's condition, fitness or suitability for Licensee's use.Licensee expressly warrants and represents to the City that Licensee or its agent inspected the Property and the License Area, and any environmental or other conditions on the Property and the License Area, and accepts the License Area in its present "AS-IS"and "WITH ALL FAULTS"condition.Licensee expressly acknowledges and agrees that neither the City nor its Agents made any warranties, representations or promises to Licensee or its Agents about the Property,in whole or in part, the License Area,in whole or in part, or any aspect about the Property or License Area including without limitation any structures or improvements,utilities or Hazardous Substances. page 5 /34 Ellery Reservoir County Public Safety Radio Communication Facility 2.3.Certified Access Specialist Disclosure Pursuant to California Civil Code §1938, and to the extent applicable to this License, the City expressly advises Licensee, and Licensee expressly acknowledges, that a Certified Access Specialist (as defined in California Civil Code §55.53)has not inspected any License Area in whole or in part to determine whether it meets all applicable construction- related accessibility requirements. 2.4.No Right to Record This License does not create or convey any real property right,title or interest in the License Area,in whole or in part.Licensee may not record this License or any memorandum or other instrument in reference to this License without the City's prior written consent,which the City may withhold or condition in its sole and absolute discretion. 3.USE 3.1.Permitted Use; Licensee Improvements and Equipment After the Commencement Date, Licensee may use the License Area to construct, install, operate, maintain, remove and repair the Equipment and Licensee Improvements, in the locations and configurations more particularly described in Exhibit C attached hereto and incorporated herein (the "Approved Plans"),to transmit and receive radio communications signals operated in compliance with all applicable Laws (the "Permitted Use"), for purposes reasonably necessary to accomplish the Permitted Use,but for no other purpose whatsoever without the City's prior written consent. 3.2.City Use of Licensee Improvements In consideration for this License,Licensee shall,at its own expense,construct public safety site improvements that will support a public safety communications facility upon the License Area;and Licensee shall permit the City to attach its water utility radio (SCADA)antenna and Fire Department VHF antenna to Licensee's antenna support structure,subject to any physical,engineering,or permitting constraints and place the associated radio equipment inside Licensee's equipment shelter. 3.3.Prohibited Uses Licensee shall not use the License Area in whole or in part in any unlawful manner or for any illegal purpose.In addition,Licensee shall not use the License Area in whole or in part in any manner that interferes with the maintenance, operation or future operation of the City's ElEery Water Reservoir, or constitutes a nuisance either under applicable Laws or as determined by the City in its reasonable judgment.Licensee shall take all page 6 / 34 Ellery Reservoir County Public Safety Radio Communication Facility precautions to eliminate any nuisances or hazards in connection with its uses and activities on or about the License Area. Licensee acknowledges and agrees that its rights under this License do not authorize Licensee to erect, post or maintain, or permit others to erect, post or maintain, any signs, notices, graphics or advertisements whatsoever on the License Area,except signs that may be required under applicable Laws for site identification and/or public health and safety reasons, 3.4.Access 3.4.1.Licensee Access Except as may be specifically provided otherwise in this License, Licensee may use the Access Route for ingress and egress between the License Area and Janis Way. Licensee may exercise this right of ingress and egress over the Access Route, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, as needed for the Permitted Use. The City may impose reasonable written rules on the manner in which Licensee uses the Access Route, which include without limitation rules (1) for the locations in which Licensee, its Agents, Invitees and other personnel may park vehicles and equipment on the Access Route; (2) necessary to secure the Property; (3) necessary to ensure access to the Property for all users authorized by the City; and (4) necessary to maintain the safety of the traveling public on and around the Property. The City will issue to Licensee, and Licensee shall safeguard and not share with others, any keys or codes necessary to access the License Area via the Access Route. The City will maintain the locked gate that provides access into the Property from Janis Way. 3.4.2.Entry and Inspection The City and its Agents may,after reasonable advance written notice and at any time without notice in case of emergency or for any purpose related to protecting the Property, enter onto and inspect the License Area.In an emergency, as reasonably determined by the City,the City may enter on or pass through the License Area.If,under such emergency circumstances not caused by City,Licensee is not present to open the License Area, the City may enter by any means without liability to Licensee except for failure to exercise reasonable care under the circumstances. The City's actions under this Section 3.4.2 will not constitute an actual or constructive eviction or relieve Licensee of any obligation with respect to making any repair,replacement,or improvement or complying with any law, order, or requirement of any government or other authority. No provision of this Section 3.4.2 shall be construed as obligating the City to perform any maintenance, repairs, alterations or improvements. 3.5.Utilities Licensee shall be solely responsible to secure its own utilities for its Permitted Use and will not be permitted to submeter from any electrical service provided to the City. Licensee shall timely pay when due all charges for all utilities furnished to the Equipment and Licensee Improvements. page 7 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 3.6.Tests and Surveys At any time throughout the Term, Licensee will have the right, but not the obligation, to conduct necessary tests,surveys and other reasonably necessary inspections (collectively "Tests")on the License Area,Access Route and/or Utilities Route to determine suitability for the Permitted Use; provided that (1) Licensee has first furnished the City with all up-to-date insurance documentation required in Section 13 (Insurance) under this License; (2) Licensee has provided the City with at least 24 hours' prior notice; (3)Licensee complies with all the City's reasonable rules and regulations necessary to avoid undue interference with other authorized activities or operations on the Property; and (4) Licensee shall promptly return any areas on the Property affected by any Tests to the condition that existed immediately prior to such Tests, reasonable wear and tear excepted. 3.7.Modifications; Alterations Except as expressly provided otherwise in this License, Licensee may not modify or alter the License Area in any manner other than as shown on the Approved Plans without the City's prior written consent, which the City will not unreasonably withhold or condition. After Licensee completes any approved modification or alteration, Licensee shall produce or cause to be produced a revised Exhibit C that shows all Equipment and other improvements in their current, as-built location and configuration. Such revised Exhibit C will not become effective until both parties sign each page thereto. 3.8.Equipment Removal; Replacements; Routine Maintenance At any time after the Commencement Date, Licensee will have the right to remove any Equipment or repair or replace any damaged,obsolete or inoperable Equipment with substantially similar and technologically equivalent Equipment and perform routine maintenance without the City's prior consent; provided, however, that Lessee must obtain the City's prior consent to effect replacements involving Equipment that is not substantially similar and technologically equivalent. 3.9.Construction and Installation Activities 3.9.1.Structural Review Licensee may not commence any construction or installation activities, other than those in the Approved Plans, on the Property that involve new structures or increased loading on existing structures without prior written approval from the City Engineer or the City Engineers designee. Licensee shall submit its written request for approval together with complete engineering plans, specifications and a structural analysis report, all in a form reasonably acceptable to the City Engineer. The City Engineer may (but is not obligated to)review all or part of such materials and may reasonably approve or reject them for cause. page 8 /34 Ellery Reservoir County Public Safety Radio Communication Facility 3.9.2.Performance Standards Licensee,its Agents, employees, contractors and subcontractors shall perform all work on the Property and License Area in a good,safe and workmanlike manner,in strict compliance with the Approved Plans and all applicable Laws. All installed Equipment and Licensee Improvements must be high quality, safe, fire resistant, modern in design and attractive in appearance, all as approved by the City. 3.9.3.Licensee's Contractors Licensee shall use only qualified and trained persons and appropriately licensed contractors for all work performed on or about the License Area. At least 10 business days before any work commences on or about the License Area that requires the City's prior approval, Licensee shall provide the City with: (1)a schedule with all activities to be performed in connection with the work;and (2)a list with all the names,contractor's license numbers and business addresses for all contractors who will perform the work. 3.9.4.Labor and Material Costs Licensee shall be responsible for all direct and indirect costs (labor,materials,and overhead)in connection with designing,purchasing and installing all Equipment and Licensee Improvements in accordance with the Approved Plans and all applicable Laws. Licensee shall timely pay for all labor, materials, Equipment, Licensee Improvements, and all professional services related to the Permitted Use or furnished to the License Area at Licensee's direction or for Licensee's benefit. 3.9.5.Coordination; Supervision Licensee must coordinate all its installation, construction and other work on or about the License Area with the City so as to avoid any interference (physical,electronic or otherwise)with any existing utilities,substructures,facilities,the City or the City's municipal functions and/or operations.The City may,but will not be obligated to, supervise any construction activities in connection with this License that require the City's prior review and approval. Upon a written demand from the City, Licensee shall reimburse the City for its reasonable cost to supervise such construction activities. 3.9.6.Staging Area For no more than 90 continuous days after Licensee commences construction work, Licensee may use,on a temporary and non-exclusive basis,certain space on the Property contiguous with the License Area to the extent reasonably necessary to construct and/or install the Equipment and subject to the City's prior approval not to be unreasonably withheld ("Staging Area"). The City may withhold or revoke its consent to allow Licensee's to use any Staging Area when Licensee's use unreasonably interferes with other persons or entities authorized to use the Property. page 9 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 3.9.7.As -Built Site Plans Within 90 days after Licensee completes any construction work on the Property that requires the City's prior review and approval, Licensee shall furnish the City with as-built site plans that depict all the Equipment and Licensee Improvements and any improvements in the then-current location and configuration. Licensee shall also provide such as-built site plans in a native or portable document format. 310.Mineral and Water Rights 3.10.1.General Except as otherwise provided in Section 3.10.4 below, the City reserves the right to install, lay,construct,maintain,repair and operate such sanitary sewers,drains,stormwater sewers,pipelines,manholes and connections; water, oil,and gas pipelines; telephone and telegraph power lines;and the appliances and appurtenances necessary or convenient in connection therewith,in, over, upon, through, across and along the License Area, and any part thereof, and to enter the License Area for any and all such purposes. Except as otherwise provided in Section 3.10.4 below, the City also reserves the right to grant franchises, easements,rights-of-way and permits in,over,upon, through,across and along any and all portions of the License Area, for all such purposes described in the preceding sentence. The City shall not exercise any rights reserved under this Section 3.10.1 so as to interfere with Licensee's operations or access under this License or to impair the security of any secured creditor of Licensee. Any agreement granting a third party rights to the License Area must contain a provision specifying that the third party has no right to the Licensee Improvements and that the third party's use of the License Area may not disrupt Licensee's construction, operation or maintenance of the public safety radio facility Permitted Use. 3.10.2.Mineral Rights Except as otherwise provided in Section 3.10.4 below,the City reserves to itself,its successors and assigns,and excepts from the License Area, any and all oil,oil rights, petroleum, minerals, mineral rights, natural gas rights, and other hydrocarbon substances by any name known whatsoever, geothermal resources (as defined in California Public Resources Code §6903), and all products derived from any of the foregoing, that may be within or under the land, together with the perpetual right of drilling, mining,exploring, prospecting and operating therefore and storing in and removing the same from the License Area or any other land, including the right to whipstock or directionally drill and mine from lands other than those conveyed hereby, oil or gas wells, tunnels and shafts into,through or across the subsurface of the License Area,and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to re-drill,re-tunnel,equip,maintain, repair, deepen and operate any such wells or mines; without, however, the right to enter, drill or re-drill, tunnel or re-tunnel, equip, maintain, repair, mine, store, explore, prospect, remove, whipstock or page 10 / 34 Ellery Reservoir County Public Safety Radio Communication Facility directionally drill or to bottom and/or operate on, from or through the surface or the upper 500 feet of the subsurface of the License Area. The City further reserves to itself,its successors and assigns and exempts from the License Area, any rights to subsurface storage of brine, carbon, water or other substances. The City further reserves to itself,its successors and assigns, the exclusive right to grant and transfer all or a portion of the rights reserved in this Section 3.10.2. 3.10.3.Notice At least six (6) months prior to exercising any of its mineral rights on the License Area, the City shall give Licensee written notice of any drilling, exploration or production plans so that Licensee may relocate any Equipment, Licensee Improvements, or operations on the License Area so as to not interfere with such plans.Licensee's public safety law enforcement and emergency radio service will not be interrupted, and Licensee shall have the right to place a temporary radio site and mobile antenna structure on the Property at a mutually agreed upon location during any such relocation. The City shall pay all costs incurred by Licensee for relocating Licensee's equipment from the License area as required by the City. 3.10.4.Access to Licensee Improvements The City shall not enter or access the Licensee Improvements, or install or attach anything upon the Licensee Improvements; nor shall the City permit a third party to enter or access the Licensee Improvements,or install or attach anything upon the Licensee Improvements,except as provided under Section 3.2 (City Use of Licensee Improvements) and Section 3.4.2 (Entry and Inspection). 4.TERM 4.1.Term The term under this License (the "Term") will commence on the Commencement Date and will automatically expire twenty (20) years from the Commencement Date,unless earlier terminated in accordance with this License. 4.2.Holdover Term Except as otherwise provided by Section 4.2.1,Licensee will have no right or privilege whatsoever to use or occupy the License Area in any manner or for any purpose after this License expires or terminates.In the event that Licensee continues to use or occupy the License Area after this License expires or terminates,this License will automatically convert to a month-to-month license on the same terms and conditions (the "Holdover Term"). 4.2.1.Notwithstanding anything in the preceding paragraph to the contrary, Lessee shall have twelve (12)months to remove Licensee Improvements from the page 11 / 34 Ellery Reservoir County Public Safety Radio Communication Facility License Area.Licensee's occupation of the License Area pursuant to this Section 4.2A will not constitute a Holdover Term. 5.LICENSE FEE Licensee will not be required to pay any license fees under this agreement. 6.GOVERNMENTAL APPROVALS 6.1.Proprietary Capacity Acknowledgment The City and Licensee expressly acknowledge and agree the City enters this License solely in its proprietary capacity as the owner or controller of the Property and not in its regulatory capacity as a local public agency. Licensee acknowledges and agrees that any federal or state Laws applicable to the City in its regulatory capacity will not be applicable to the City in its proprietary capacity and Licensee will not seek to have such Laws applied to the City or any approval,disapproval,act or failure to act in connection with this License. Licensee further acknowledges and agrees that (1) only the terms and conditions in this License will govern the criteria and timeframes for the City's decisions or actions in its proprietary capacity in response to Licensee's requests for approvals in connection with this License;(2)any approval or disapproval the City may issue in its proprietary capacity in connection with this License will not be deemed to be an approval or disapproval the City may be required to issue in its regulatory capacity;and (3)any approval or disapproval the City may issue in its proprietary capacity will not give preference to Licensee or Licensee's applications over other persons or applications in any regulatory proceeding solely based on this proprietary relationship. 6.2.Permits and Other Governmental Approvals Irrespective of any immunity from City zoning and building ordinances under California Government Code section 53091, Licensee agrees to comply with the city's zoning and building ordinances with respect to the Permitted Use. Licensee shall not commence any work at the License Area until Licensee obtains all necessary Governmental Approvals, which includes without limitation a City of Carlsbad conditional use permit, grading permit, and building permit,and any other permit obtained through any other governmental agency with jurisdiction over the Property, the Licensee Improvements, or the Equipment, and tenders full and complete copies for each Governmental Approval to the City. Subject to the provisions and limitations in Section 6.1 (Proprietary Capacity Acknowledgment), and only to the extent permissible under applicable Laws,the City will reasonably cooperate with Licensee's efforts to obtain and maintain all necessary Governmental Approvals. page 12 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 7.MAINTENANCE 7.1.Licensee's Maintenance Obligations At all times throughout the Term,Licensee shall maintain,repair and secure its Equipment, Licensee Improvements, and all other personal property and improvements brought onto the Property in good, orderly and safe condition. Licensee shall not cause any debris,graffiti or dangerous,noxious or offensive condition which would create a hazard or undue vibration,heat,noise or interference to be upon the License Area. Licensee shall post, and at all times maintain in good condition,a sign on the License Area,in a location reasonably acceptable to both the City and Licensee, that contains (1) the site operator name; (2) the site identification or reference number that corresponds with this facility; and (3)a working telephone number that connects to a live person that can exert power-down control over the Equipment. 7.2.City's Maintenance Obligations The City shall not be responsible for repairs to or maintenance of the License Area, Staging Area while being used by Licensee, or Equipment or Licensee Improvements, or for any associated costs except to the extent caused by the City or its Agents. The City shall maintain,at its sole expense,the Access Route in a manner sufficient to allow access. The City,under no circumstances, shall be required to expand or enlarge the Access Route.The Access Route may be altered in design or location by the City provided that the alteration does not materially impair Licensee's ability to access the License Area.If Licensee causes any damage to the Access Route,Licensee shall promptly repair same at its sole expense. 8.INTERFERENCE 8.1.Licensee's Interference Obligations Licensee shall not operate the Equipment,cause or allow others to operate the Equipment or use the License Area in a manner that causes Interference with other communication transmission or reception equipment, that, as of the Effective Date of this License,are lawfully used by the City, its Agents or any third parties authorized by the City to use the Property, including under the Amended and Restated License Agreement with STC One LLC which was ratified by the Carlsbad City Council by Resolution No. 2016-226 (Nov.8,2016).Any such Interference will be deemed a default under this License and, after Licensee receives notice that such Interference exists,Licensee will be responsible to promptly eliminate any such Interference at no cost to the City. The City agrees to reasonably cooperate with Licensee's efforts to locate the Interference source. In the event that Licensee does not promptly cure such Interference,the parties acknowledge that continued Interference with communication transmission or reception equipment lawfully used by the City, its Agents or any third parties authorized by the City to use the Property may result in irreparable harm and, therefore, the City will have the page 131 34 Ellery Reservoir County Public Safety Radio Communication Facility right to bring an action against Licensee to enjoin such Interference or terminate this License. 8.2.City's Interference Obligations The City shall not operate communications equipment on the Property, or cause or allow any present or future third parties authorized by the City to use the Property to operate communications equipment on the Property,in a manner that causes Interference with other communication transmission or reception equipment lawfully used by Licensee, its Agents or Invitees. Any such Interference will be deemed a default under this License and,after the City receives notice that such Interference exists,the City will be responsible to use best efforts to cause such Interference to cease. Licensee agrees to reasonably cooperate with the City's efforts to locate the Interference source.In the event that the City does not promptly cure such Interference,the parties acknowledge that continued Interference with communication transmission or reception equipment lawfully used by Licensee,its Agents or Invitees may result in irreparable harm and, therefore, Licensee will have the right to bring an action to enjoin such Interference or terminate this License.Nothing in this Section 8.2 is intended to limit, prohibit or enjoin the City from entering into any agreements with any third parties for uses on the Property similar to the Permitted Use; provided, however, that any such agreement shall require the third party to take all steps necessary to correct and eliminate any Interference with Licensee's Permitted Use, and shall require that such interfering third party shall be required to cease operations until such Interference is removed. 8.3.City's Governmental Communications Licensee acknowledges that the City uses communications equipment on the Property in connection with its governmental,regulatory and/or operational functions,that such equipment and/or the frequencies on which such equipment operates may change from time to time,and that communications in connection with the City's governmental or regulatory functions are paramount over Licensee's operations. Notwithstanding anything in this License to the contrary, any Interference with Licensee's operations or Equipment caused by any communications equipment used by the City in its capacity as a local public agency in connection with its governmental or regulatory functions (1) will not be a default under this License;(2)will not entitle Licensee to demand a cure to such Interference; and (3) will not entitle Licensee to bring any action for any injunction. 9.TAXES 9.1.Title to Licensee's Equipment and Improvements All Equipment,Licensee Improvements, and other improvements constructed,installed or placed on the License Area by Licensee or at Licensee's request or direction will be and at all times remain Licensee's personal property and will not be deemed fixtures or page 14 / 34 Ellery Reservoir County Public Safety Radio Communication Facility real property for any purpose, whether such objects would be deemed fixtures or real property under applicable Laws or not. 9.2.Possessory Interest Taxes Licensee understands and acknowledges that (1) this License and/or any improvements placed on the Property may create a possessory interest,as defined in California Revenue and Taxation Code §107, subject to taxation;(2)Licensee will be required to timely pay any and all such possessory interest taxes; and (3) any transfer, assignment or sublicense in connection with this License, and any options to extend or renew this License, may constitute a change in ownership for taxation purposes and therefore result in a revaluation for any possessory interest created under this License. Licensee further acknowledges that Licensee will have no claim for damages against the City for any possessory interest taxes levied against the License Area,Licensee Improvements, or the Equipment because it received actual notice that this License may create a possessory interest and that Licensee would be solely liable for any and all taxes levied on such possessory interest. 9.3.Licensee's Tax and Assessment Obligations Licensee agrees to pay when due and prior to delinquency any and all taxes, assessments, charges, excises and exactions whatsoever (collectively, "Impositions"), which includes without limitation any possessory interest taxes,that arise from or in connection with Licensee's uses on the License Area, the Licensee Improvements, or the Equipment that may be imposed on Licensee under Law. Licensee shall not cause any lien for any Impositions to be imposed on the License Area, Licensee Improvements, or Equipment.In the event that the City receives any Imposition notices on or in connection with the License Area, Licensee Improvements, or Equipment, the City shall promptly (but in no event later than 30 calendar days after receipt) forward the same, together with reasonably sufficient written documentation that details any increases in the taxable or assessable amount attributable to Licensee Improvements and Equipment. 9.4.Licensee's Right to Contest Taxes or Assessments Licensee will have the right to contest any Impositions that Licensee disputes in good faith, so long as no lien attaches to the Property and Licensee complies with any bond, deposit, collateral or other requirements under applicable Law. 10.LIENS Licensee shall keep the License Area free and clear from any and all liens or other impositions in connection with any work performed,material furnished or obligations incurred by or for Licensee. Licensee will inform all contractors and material suppliers that provide any work,service,equipment or material to Licensee in connection with the License Area that the License Area is public property not subject to any mechanics' liens or stop notices.In the event that any Licensee contractor or material supplier files any page 15 / 34 Ellery Reservoir County Public Safety Radio Communication Facility lien or imposition that attaches to the License Area,Licensee shall promptly (but in no case later than 30 days after discovery) cause such lien or imposition to be released.In the event that Licensee does not cause such lien or imposition to be released within the 30-day period, the City will have the right, but not the obligation, to cause such lien or imposition to be released in any manner the City deems proper, which includes without limitation payment to the lienholder. Licensee shall reimburse the City for all reasonable costs and expenses incurred to cause such lien or imposition to be released within 10 days after Licensee receives a written demand from the City together with reasonable documentation to support such costs and expenses. 11.INDEMNIFICATION 11.1.Claims Arising from Sole Acts or Omissions of Licensee Licensee hereby agrees to defend,indemnify,and hold harmless the City,its agents, officers and employees (hereinafter collectively referred to in this paragraph as "City"), from any claim,action or proceeding against City,arising solely out of the acts or omissions of Licensee in the performance of this License, including Interference caused by Licensee.At its sole discretion, the City may participate at its own expense in the defense of any claim,action or proceeding,but such participation shall not relieve Licensee of any obligation imposed by this License.The City shall notify Licensee promptly of any claim, action or proceeding and cooperate fully in the defense. 11.2 Claims Arising from Sole Acts or Omissions of City The City hereby agrees to defend,indemnify,and hold harmless Licensee,its agents, officers,and employees (hereinafter collectively referred to in this paragraph as "Licensee") from any claim, action or proceeding against Licensee, arising solely out of the acts or omissions of the City in the performance of this License, including Interference caused by the City. At its sole discretion, Licensee may participate at its own expense in the defense of any such claim,action or proceeding,but such participation shall not relieve the City of any obligation imposed by this License. Licensee shall notify the City promptly of any claim, action or proceeding and cooperate fully in the defense. 11.3 Claims Arising from Concurrent Acts or Omissions Licensee herby agrees to defend itself, and the City hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of Licensee and the City.In such cases, Licensee and the City agree to retain their own legal counsel, bear their own defense costs and waive their right to seek reimbursement of such costs, except as provided in Section 11.5 below. page 16 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 11A Joint Defense Notwithstanding Section 11.3 above,in cases where Licensee and the City agree in writing to a joint defense,Licensee and the City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Licensee and the City. Joint defense counsel shall be selected by mutual agreement of Licensee and the City. Licensee and the City agree to share costs of such joint defense and any agreed settlement in equal amounts, except as provided in Section 11.5 below. Licensee and the City further agree that neither party may bind the other to a settlement agreement without the written consent of both Licensee and the City. 115 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, Licensee and the City may seek reimbursement and/or reallocation of defense costs,settlement payments, judgments and awards,consistent with such comparative fault. 12.ENVIRONMENTAL PROVISIONS 12.1.Licensee's General Environmental Obligations Licensee shall manage and conduct its,its Agents'and Invitees'activities on or in connection with the Property:(1) in compliance with all applicable Environmental Laws and applicable provisions in this License; (2)in cooperation with the City and the City's efforts to maintain compliance with all applicable Environmental Laws;and (3)in accordance with all Best Management Practices applicable to the Equipment, Licensee Improvements,and the Permitted Use.Licensee shall manage its,its Agents'and Invitees'activities on or about the Property,and as may be appropriate,secure the License Area,so as to prevent any noncompliance with any applicable Environmental Law or any applicable environmental provision in this License. 12.2.Hazardous Substances Licensee, its Agents and Invitees may use only those Hazardous Substances on or about the Property that are normally associated with the Permitted Use,and only in strict compliance with all applicable Environmental Laws.Licensee shall use best efforts to minimize Hazardous Substance use on the Property and,to the extent commercially reasonable, use non -hazardous alternatives in Licensee's operations. 12.3.Licensee's Response to Hazardous Substance Release In the event any actual, threatened or reasonably suspected Release occurs for which Licensee is responsible under this License,Licensee shall immediately undertake and page 17 / 34 Ellery Reservoir County Public Safety Radio Communication Facility diligently pursue, at Licensee's sole cost and expense, all action or actions necessary or appropriate to investigate, contain, stop, accomplish source control, remove and perform interim remediation in connection with such Release.Licensee shall promptly send the City written notice after Licensee causes (1) an actual or reasonably suspected violation in connection with any Environmental Law related to the Property or this License; or (2) an actual or reasonably suspected Release on, under, from or adjacent to the Property. 12.4.Self Help Except in an emergency or pursuant to a governmental order that requires immediate action,the City shall have the right (but not the obligation)to perform Licensee's environmental obligations under this Section 12 or any applicable Environmental Laws after the City provides Licensee with seven days' written notice and a demand to perform the obligations in issue.The City shall charge Licensee,and Licensee shall promptly reimburse the City upon demand, for reasonable Environmental Costs However, the City may not perform Licensee's obligations under this Section 12 when,within the 7-day notice period,Licensee promptly notifies the City,begins and continues thereafter to diligently pursue full performance to completion for all obligations stated in the City's notice. 12.5.Licensee's Environmental Indemnification Obligations In the event that Licensee breaches or fails to perform any of its environmental obligations contained in this Section 12,or if any act,omission or negligence by Licensee or its Agents or Invitees results in any contamination on or about the Property or the License Area,in whole or in part,or in a Release from, on, about,in or beneath the Property or the License Area,in whole or in part, or any Environmental Law violation, then Licensee, on for itself and its successors and assigns, shall indemnify, defend and hold harmless the City,including its Agents,and their respective successors and assigns from and against any and all Claims, including reasonable costs that arise during or after the Term and in relation to such Release or violation;provided,however,Licensee shall not be liable for any Claims to the extent such Release or violation was caused by the City or its Agents. Licensee's Indemnification obligation includes costs incurred in connection with any activities required to investigate and remediate any Hazardous Substance brought onto the Property or the License Area by Licensee, its Agents or Invitees and to restore the Property or the License Area to its condition that existed immediately before Licensee introduced such Hazardous Substance or to correct any Environmental Law violation(s) caused by Licensee. Licensee shall afford the City a full opportunity to participate in any discussions with regulatory agencies regarding any settlement agreement,cleanup or abatement agreement,consent decree or other compromise or proceeding involving Hazardous Substances. 12.6.Licensee's Liability for Hazardous Substance Release Without limiting the Indemnification obligations in Section 12.5 (Licensee's Environmental Indemnification Obligations),Licensee will be responsible for all response, remediation page 18 / 34 Ellery Reservoir County Public Safety Radio Communication Facility and restoration obligations in connection with any Release and associated Environmental Costs that results from Licensee's occupation, possession or use of the Property and/or License Area from the Commencement Date, throughout the Term and after this License expires or terminates. Notwithstanding the preceding sentence, as between the City and Licensee, Licensee will not be responsible for any Releases or associated Environmental Costs caused by the City,its Agents,contractors,invitees,licensees or other lessees after the Commencement Date so long as Licensee has complied with all applicable conditions for non-liability established in 42 U.S.C. §§ 9607(b) or (q) as may be amended. 13.INSURANCE 13.1.Licensee's Insurance Obligations The parties hereby agree that Licensee is self-insured for Commercial General Liability, Commercial Auto Liability and Workers Compensation.Claims are processed and administrated in accordance with the California Government Code and California Labor Code.Licensee will provide the City with a statement of self-insured coverage prior to execution of this License.During the entire period this License shall be in effect,the Licensee,at no expense to the Licensor,shall carry and maintain its self-insurance program and require its contractors of any tier performing work on the License Area to carry and maintain no less than the following insurances: (1) Commercial General Liability insurance (including premises operations; explosion, collapse and underground hazard; broad form property damage;products/completed operations;contractual liability; independent contractors; personal injury) with limits of at least $2 million combined single limit for each occurrence; (2) Worker's Compensation Insurance per California statutory limits with Employer's Liability Limits not less than $1 million each accident or disease; (3)Commercial Automobile Liability Insurance with limit not less than $2 million each occurrence combined single limit for bodily injury and property damage, including owned and non-owned and hired vehicles. Any amendment to any insurance requirement must be in a written agreement. 13.2.Contractors' Insurance Licensee shall require its contractors that install,maintain,repair,replace or otherwise perform any work on or about the License Area: (1) to have and maintain insurance of the same coverage and amounts as required by the City including Commercial General Liability Insurance and Commercial Automotive Liability Insurance policies containing the following endorsements: (a) name the City, its officers, agents, employees and volunteers as additional insureds; (b) that such policies are primary insurance to any other insurance available to the additional insureds with respect to any Claims that arise in connection with this License;(c)that such insurance applied separately to each insured against whom a Claim is made or brought;(d) that such policies provide for the severability of interests and that an act or omission of one of the named insureds that would void or otherwise reduce coverage shall not void or otherwise reduce coverage as to any other named insured; and (e) that such policies shall afford coverage for all Claims based on page 19 / 34 Ellery Reservoir County Public Safety Radio Communication Facility acts, omissions, injury or damage that occurred or arose (or the onset occurred or arose) in whole or in part during the policy period. 13.3.No Limitation on Indemnification Obligations Licensee's insurance obligations under this Section 13 in no way relieves or decreases Licensee's liability under Section 11 (Indemnification)or any other provision in this License. 13.4.City's Termination Right The City may elect,in its sole and absolute discretion, to terminate this License on written notice to Licensee if Licensee allows any required insurance coverage to lapse and does not reinstate the lapsed insurance coverage within three days after Licensee receives such written notice. 14.ASSIGNMENT; SUBLICENSE 14.1.Non-Assignment This License is not assignable. 14.2.Sublicense (Collocation) Licensee may sublicense or in any other manner allow a public agency or public utility to occupy or use space on or in the Licensee Improvements, provided that:(1)Licensee shall collect no fees for such sublicense, except as may be required to comply with San Diego County Board Policy B-29,requiring Licensee to receive full-cost recovery for services provided to agencies and individuals;and (2)any such sublicense must be approved by the City, and City shall not unreasonably withhold such approval. 14.3.Continuing Obligation No sublicense,even with the City's consent,will relieve Licensee of its obligation to perform all obligations to be performed by License under this License. 15.DEFAULT; REMEDIES 15.1.Defaults and Cure Periods The parties agree that it will be a default under this License when either the City or Licensee: (1) fails to tender any sums payable pursuant to this License when due, and such failure continues for 10 days after notice from the non-defaulting party;(2) fails to perform any non-monetary term, provision, covenant or obligation under this License, and such failure continues for 30 days after notice from the non-defaulting party;provided, however,that said 30-day cure period will be reasonably extended when the default page 20 134 Ellery Reservoir County Public Safety Radio Communication Facility cannot be cured within 30 days and the defaulting party commences to cure within said 30-day cure period and diligently pursues the cure to completion. 15.2.Sums Paid During Default Any sums paid from Licensee to the City after Licensee's default will not constitute a cure by Licensee or waiver by the City unless the City acknowledges such cure or waiver in a signed writing. 15.3.No Consequential Damages To the fullest extent permitted by law, without limiting Licensee's or City's Indemnification obligations or other waivers contained in this License and as a material consideration for this License,Licensee fully releases, waives and discharges forever any and all Claims against the City, and City fully releases, waives and discharges forever any and all Claims against Licensee, for consequential and/or incidental damages that arise in connection with this License,which includes without limitation any lost profits from disruption to Equipment,any interference with uses or activities conducted by City or by Licensee under this License, from any cause whatsoever, and whether due to the other party's or its Agents' active or passive negligence or willful misconduct or not, and covenants not to sue for such damages the other party,its departments,and its agencies,officers, directors and employees, and all persons acting by, through or under them. 15.4.No Personal Liability for City Officials, Employees or Agents No elected or appointive board,agency,member,officer,employee or other Agent of the City will be personally liable to Licensee,its successors and assigns,in the event of any default or breach by the City or for any amount which may become due to Licensee,its successors and assigns,or for any obligation of the City under this License. 15.5.Cumulative Remedies Except as may be specifically provided otherwise in this License,any and all rights, benefits and/or remedies provided or afforded to either the City or Licensee under this License or any other instrument or document executed pursuant to this License are and will be cumulative and not exclusive of any legal or equitable rights, benefits or remedies available to either the City or Licensee under applicable Laws. 16.TERMINATION 16.1.Grounds for Termination In addition to any other provision in this License that authorizes the City or Licensee to terminate this License, this License may be terminated as follows: page 21 / 34 Ellery Reservoir County Public Safety Radio Communication Facility (1)by either the City or Licensee upon 30 days'written notice when the other remains in default beyond any applicable cure period; (2) by Licensee upon written notice to the City at any time prior to the Commencement Date if any Tests show,in Licensee's opinion, that the License Area is not suitable for the Permitted Use; (3) by Licensee upon written notice to the City at any time prior to the Commencement Date if Licensee cannot obtain all Governmental Approvals required for the Permitted Use after Licensee exhausts in good faith all administrative remedies available to Licensee in connection with an application for such Governmental Approvals; (4)by Licensee upon 30 days'written notice to the City at any time after the Commencement Date for any or no reason; 17.REMOVAL AND RESTORATION Licensee shall remove all Licensee Improvements and Equipment at its sole expense upon the expiration or termination of this License, including but not limited to any Licensee Improvements that the City does not elect to retain. Licensee shall repair any damage to the License Area caused by such removal,and shall return the License Area to the condition which existed on the Effective Date,reasonable wear and tear and damage beyond the control or without the fault or neglect of Licensee excepted. Without limiting the generality of the foregoing, Licensee shall remove all footings, foundations, utilities, wiring and conduits,unless instructed to do otherwise by the City.Licensee shall be deemed in actual possession of the License Area until and unless it completely removes its personal property and restores the License Area consistent with this Section 17. 18.CONDEMNATION 18.1.Permanent Takings In the event that any entity with the power to condemn permanently takes any License Area in whole or in part, or in the event that the City transfers any License Area in whole or in part to such entity in lieu of eminent domain, the following provisions will apply: 18.1.1.Termination and Award This License will automatically terminate on the date the permanent taking or transfer occurs. The City will be entitled to any award paid or made in connection with the taking or any sums paid in lieu of such taking.Licensee hereby expressly waives any right or claim to any portion thereof,including any claim for loss of business or goodwill.All damages, whether awarded as compensation for diminution in value of the license or to the fee of the License Area, shall belong to the City. Licensee will have no Claim against page 22 / 34 Ellery Reservoir County Public Safety Radio Communication Facility • the City for the value of any unexpired Term of this License or otherwise except that Licensee may claim any portion of the award that is specifically allocable to Licensee's loss or damage to Licensee's Equipment or Licensee's Improvements. 18.1.2.No Statutory Right to Terminate The parties understand, acknowledge and agree that this Section 18.1 is intended to fully govern the parties' rights and obligations in the event of a permanent taking.Licensee and the City each hereby waives and releases any right to terminate this License in whole or in part under California Code of Civil Procedure §§ 1265.120 and 1265.130 and under any similar Laws to the extent applicable to this License. 18.2.Temporary Takings In the event of a taking that affects the License Area for less than 90 days, the City shall make a good-faith effort to provide Licensee a mutually agreed-upon site that Licensee may use for the Permitted Use. Furthermore,in the event that the City receives an award, if any,in connection with such temporary taking,Licensee will receive the portion from the award that represents compensation for the use or occupancy of the License Area during the Term but not to exceed the License Fees payable by Licensee for the period of the taking, and the City will retain the balance of the award, 19.DESTRUCTION In the event that the License Area,in whole or in part, becomes damaged or destroyed due to any cause, the City will have no obligation to repair, rebuild or replace the damaged or destroyed License Area. In the event that the License Area,in whole or in part, becomes so damaged or destroyed that it materially impairs Licensee's Permitted Use,and such damage or destruction resulted from a cause not attributable to Licensee or any other person or entity affiliated with Licensee or under Licensee's direction or control, Licensee may elect to terminate this License within 60 days after Licensee becomes aware that such damage or destruction has occurred. 20.NOTICES Except as may be specifically provided otherwise in this License, all notices, demands or other correspondence required to be given under this License must be written and delivered through (1)an established national courier service that maintains delivery records and confirmations; (2) hand delivery; or (3)certified or registered U.S. Mail with prepaid postage and return receipt requested, and addressed as follows: page 23 / 34 Ellery Reservoir County Public Safety Radio Communication Facility TO CITY:Real Estate Manager City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Telephone: 760-434-2836 Facsimile: 760-434-8367 Email: Curtis.jackson@carlsbadca.gov with a copy to:Carlsbad City Attorney 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Telephone: 760-434-2891 Facsimile: 760-434-8367 Email: attorney@carlsbadca.gov TO LICENSEE:County of San Diego Department of General Services 5560 Overland Avenue, Suite 410 San Diego, CA 92123 Attention:Real Estate Services Division -Wireless Telephone: 858-694-8996 Facsimile: 858-694-2369 Email: Gregory.locke@sdcounty.ca.gov All notices will be deemed effective on receipt or on attempted delivery when delivery is refused. Telephone, facsimile and email information are provided for convenience and for couriers who may require such information, and any notice given solely through electronic means will not be deemed to be effective notice.Any copies required to be given constitute an administrative step and not actual notice. The parties may change the notice addresses above from time-to-time through written notice to the addresses above or the then-current notice address. 21.BANKRUPTCY In the event that Licensee becomes a debtor in any voluntary or involuntary bankruptcy proceeding under the Bankruptcy Code,the City and Licensee expressly intend, acknowledge and agree that this License will be treated as either an unexpired commercial lease or an executory contract for all purposes in connection with Bankruptcy Code §365 and subject to the provisions Bankruptcy Code §§ 365(d)(3) and 365(d)(4) as those provisions may be amended or superseded in the future. Any person or entity to which this License is assigned pursuant to the Bankruptcy Code will be deemed without any further act to have assumed all Licensee's obligations under this License which arose before or may arise after such assignment,and any such assignee shall execute and deliver to the City a written instrument that confirms such assumption promptly upon a written demand from the City. Any monies or other consideration payable or otherwise to be delivered in connection with such assignment will be promptly paid to the City, will be page 24 /34 Ellery Reservoir County Public Safety Radio Communication Facility the City's exclusive property and will not constitute Licensee's or its estate's property for the purposes under the Bankruptcy Code. Any such monies or other consideration not paid to the City will be held in trust for the City's benefit as paid to the City as soon as possible. 22.[RESERVED] 23.MISCELLANEOUS 23.1.Interpretation; Construction The City and Licensee acknowledge and agree that: (1)both parties have been represented by counsel and that both parties have participated in the negotiation and drafting process; (2) the language in this License will always be construed simply and in accordance with its fair and ordinary meaning,without any reference to any common practices, interpretations, customs or definitions that may exist in any industry or trade to which either the City or Licensee may belong; (3)this License will never be construed either for or against either the City or Licensee for any reason; (4) any defined term in this License will be construed to have the same definition when used in both the singular and plural form; (5) the word "or" will not be interpreted as a limitation and will be construed to mean "and/or" unless expressly provided otherwise in this License; (6) the word "including"or phrase "which includes" will not be interpreted as a limitation and will be construed to be followed by the phrase "without limitation" whenever such phrase does not appear in the text; (7) all references to any "Section" or "Exhibit" will be construed to mean a section or exhibit attached to this License unless expressly provided otherwise in this License; (8) the captions contained in this License (a) are only for convenience, (b) will not be used to interpret or construe any term or provision in this License and (c) will not carry any legal effect whatsoever; and (9) this License is not intended to create, does not create and will not be construed to create any third -party benefit or beneficiaries,or any joint venture, partnership,employment or agency relationship between the City and Licensee. page 25 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 23.2.Unenforceability; Severability In the event that a court with competent jurisdiction over this License holds any provision in this License invalid or unenforceable with respect to either the City or Licensee, or any third parties to whom this License may become applicable or enforceable, (1) the valid or enforceable provisions will not be affected whatsoever; (2) the application of such invalid or unenforceable provision to persons or entities other than those as to whom it is held invalid or unenforceable shall not be affected; and (3) each provision in this License shall be valid and enforceable to the fullest extent permitted under Law. 23.3.Time for Performance; Force Majeure Time is of the essence of this License. Notwithstanding the provisions in this Section 23.3, the time for performance for any term, provision, covenant or obligation under this License will be deemed extended to account for any time lost due to delays that arise from strikes, civil riots, floods, labor or material shortages or restrictions, governmental intervention or any other cause not within the control of the party whose performance is due. 23.4.Integration; Entire Agreement This License contains the entire agreement and understanding between the parties as to the subject matter concerned in this License,and this License supersedes all prior or contemporaneous agreements,commitments,conditions,discussions,instruments, offers, promises and/or proposals between or among the City and Licensee in connection with the License Area, whether oral or written. 23.5.Successors and Assigns The parties intend and agree that this License will extend to and bind the parties' respective heirs, personal representatives, successors and assigns. 23.6.Amendments or Modifications All amendments or modifications to this License,if any,must be in a written and fully executed agreement signed by both parties. 23.7.Waivers No provision in this License may be waived or deemed waived, except in a written waiver signed by the party against whom enforcement of such waiver is attempted. No custom or practice which may develop between the parties in the implementation or administration of the terms of this License will be construed to waive or lessen any right to insist upon strict and/or timely performance of the terms of this License. Any waiver by either party of any provision of this License will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. page 26 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 23.8.Governing Law; Venue; Attorneys' Fees This License shall be governed and construed in accordance with the laws of the State of California without regard to conflicts of laws principles. Sole and exclusive venue for any action or claim between the parties that arises from or in connection with this License will reside exclusively in the Superior Court of the County of San Diego (the "Court). All parties to this License agree to be subject to the Court's jurisdiction and waive all claims whatsoever that would defeat the Court's jurisdiction to hear and adjudicate any action or claim between the parties that arises from or in connection with this License. The parties shall bear their own attorneys' fees. 23.9.Government Claims Act Any claim for money damages by Licensee against the City hereunder will be subject to California Government Code §§ 810 et seq. (the "Government Claims Act"). Neither the City nor its council members, commissioners, elected or appointed officers or officials, administrators, directors,managers, employees, attorneys, agents or volunteers will be personally liable to Licensee in the event of any default or breach of the City, or for any amount which may become due to Licensee or any successor in interest,or for any obligations directly or indirectly incurred under this License. 23.10.Public Records Act Disclosure Licensee acknowledges that the City is a public entity under the laws of the State of California.Furthermore,the parties acknowledge that this License constitutes a public record that the City must publically disclose under (i)the California Public Records Act, California Government Code §§ 6250 et seq.; (ii) Title 17, California Code of Regulations §§ 91000 et seq.; (iii) Article I,§ 3, of the California State Constitution; and (iv) any other applicable Law that may require the City to disclose public records. 23.11.Estoppels Licensee, at any time and from time-to-time on not less than 30 days' notice from the City, shall execute, acknowledge and deliver to the City or its designee, an estoppel certificate which states: (a) that Licensee has accepted the License Area (or, if Licensee has not done so, that Licensee has not accepted all or any part of the License Area and specifying the applicable portions of the License Area and reasons for non-acceptance);(b)the Commencement Date,Effective Date and expiration date for this License; (d) that this License is unmodified and in full force and effect or, if modified, the manner in which this License is modified; (e) whether any defenses then exist against the enforcement of any of Licensee's obligations under this License (and if so, specifying the same);(f)whether any of the City's obligations under this License are outstanding (and if so, identifying any City obligations that Licensee believes that the City has failed to meet); (g) the dates, if any, to which the License Fees have been paid; and (h) any other information that may be reasonably required by any such persons. page 27 / 34 Ellery Reservoir County Public Safety Radio Communication Facility 23.12.Brokers Neither the City nor License has had any contact or dealings in connection with the license of the License Area,or any communication in connection therewith,through a Broker, whose commission, if any is due, is to be paid pursuant to a separate written agreement between such Broker and the party through which such Broker contracted.In the event that any Broker perfects a claim for a commission or finder's fee based upon any such contact,dealings or communication,Licensee shall indemnify the City from all Claims brought by the Broker. The representations in this Section 23.12 will survive expiration or earlier termination of this License. 23.13.Survival The parties to this License intend that all terms and conditions within this License that by their sense or context should survive this License's expiration, termination or cancellation, which includes without limitation Section 4.2 (Holdover Term),Section 11 (Indemnification),Section 17 (Removal and Restoration),Section 12 (Environmental Provisions), Section 23.8 (Governing Law; Venue; Attorneys'Fees)and Section 23.12 (Brokers), or any provision in this License which necessarily requires performance after this License expires or terminates, will survive this License's expiration, termination or cancellation. 23.14.Submission for Inspection;No Offer Prior to the Effective Date, the parties may submit this License to each other for inspection and examination purposes and such submission will not constitute an offer to license the License Area. This Licensee will become effective only upon full execution by both the City and Licensee. 23.15.Execution; Counterparts. This License may be executed simultaneously or in one or more counterparts.In the event that the parties elect to execute this License in one or more counterparts, Licensee shall execute first, the City shall execute second, each executed counterpart will be deemed to be an original but all counterparts taken together will constitute one and the same agreement. [END OF LICENSE —SIGNATURES BEGIN ON NEXT PAGE] page 28 / 34 Ellery Reservoir County Public Safety Radio Communication Facility IN WITNESS WHEREOF, the parties have executed this License on the Effective Date first written above: THE CITY:LICENSEE: City of Carlsbad, a California municipal County of San Diego, a political subdivision corporation of the State of California: By:<- 21(eaee (By: Its:M2-1 oY Date: Marko Medved P.E. CEM, Director Date:3 )t ) 2-9 Vi Department of General Services APRROVED AS TO FORM AND APPROVED AS TO FORM:LEGALITY COUNTY COUNSEL By:av_v_e"By: Heather L.Stroud Senior Deputy County Counsel Deputy City Attorney Date:-leb •t(oi JO/ / APPROVED BY CITY COUNCIL RESOLUTION NO.201 -1-0;3 ATTEST: By: Barba -rit leson City Clerk Date:3 \ [END OF SIGNATURES -EXHIBITS BEGIN ON NEXT PAGE] page 29 /34 Ellery Reservoir County Public Safety Radio Communication Facility EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 30 EXHIBIT "A" LEGAL DESCRIPTION VESTING: CITY OF CARLSBAD APN:167-540-52 LEASE AGREEMENT PARCEL 1,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 878, RECORDED JULY 3, 1972 AS FILE NO. 171312 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. CONTAINING 1.443 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT `13'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. PT.-;)• uLreSIGNATURE'MO c4t.y1=:".„ MICHAEL SCHLUMPBERGER, LS 779D —"'"" DATE J4-fic•wy Ze2/7 1*Exp.Rist/t7,N o.775-7 UP.e- EXHIBIT B SURVEY AND LEGAL DESCRIPTIONS FOR THE LICENSE AREA, ACCESS ROUTE AND UTILITIES ROUTE (see survey and legal descriptions attached behind this cover) 31 EXHIBIT "B" SCALE 1".---60' 1'' <IP*'C'1,'%"5 180.00. c36 .0j4 AkIx EXISTING TANK It.' ca .No., 1.-00)..1.3 0va .t/iPARCEL1 o..(5.o PARCEL MAP 878 Z.:4,Lo 4-. T3oao .•-• cb ....,‘ ',cv',coco VICINITY MAP i've.k 44rArrNOTTOSCALE‘''O'. 703 °6"69 0 55 Od14. vi $ \\5 HWY 78 .49 LAND s.... <,..f‘.scHL u47/Pi.,:.)4).A',6 v)- --1-4-(THIS PLAT WAS PREPARED BY ME OR UNDER a/‘t-CA 0 .z 15 -%3 4%.%...MY DIRECTION IN CONFORMANCE WITH 0 ,1$THE PROFESSIONAL LAND SURVEYOR'S ACT ro-, s09 Si "'"No.7790 73 12/31/170"PRELIMINARY t.P Exp..Zr ‘\-0.'..*2MICHAELLSCHLUMPBERGER,PLS 7790 -97.c..? -s ' ...'4-. ,' DENOTES AREA OF LICENSE AGREEMENT-..17////4 ,i 833 SQ.FT.MORE OR LESS CANNON CITY OF CARLSBAD LICENSE AGREEMENT PLAT ASSESSORS'PARCEL NO.OWNER: Right—Of—Way Engineering Services,Inc.167-540-52 CITY OF CARLSBAD 615 South Tremont Street •Oceanside.CA 92056 (760)637-2700 row@roweng.net Job Number.1612-0048-07 DATE:JANUARY 12,2017 SHEET 1 OF 1 EXHIBIT C APPROVED PLANS FOR EQUIPMENT AND OTHER IMPROVEMENTS (see site plans and drawings attached behind this cover) 32 ExhibitC KEYNOTES: El (E)ELLERY RESERVOIR WATER TANK SLIPAll M (E)ASPHALT ROAD \niplarii /i El (E)ASPHALT DRIVEWAY A KrITUT:.•-\/..""\`I.1 /_a El (E)15'-0° RIGHT OF WAY EASEMENT, -.1'/ ,' .."-\--\\\r/C \% El (E) IT UTIL. ESMT., SDO&E ;51).trA/W2ge.c.,''' ...,`,..\ ‘,'..---)k \\El (E)e uTIL.ESIVIT.,SDG8E WIMt:CI C;'.07'c.!. ,.."'\..-,''cl.„.'\\\,i''\.........---- %.-- -.......„__.----M (E)WATER TANK SERVICE ROAD EDGE 'MN:1m wryrzor.i Vel ,fr $-----1..'--\\(,,\--_____.....,-r_- __i El (P)PROPOSED CMU RETAINING WALL 14' MAX. HEIGHT ).- C.'\‘\...<\A .' . --7 1 0v-E (P) PROPOSED 10'x24 PREFABRICATED EQUIPMENT."c ),\?''\„.. i s*--',-- \1,1--,'1...---• SHELTER ON A POURED-IN-PLACE CONCRETE PAD L.."'e \..-.. %N (P) PROPOSED GENERATOR WITHIN NOISE CANCELLATION:,-— --I \c.\\?*- 'a)---INCLOSURE ON A POURED-IN-PLACE CONCRETE PAD .„•-•'...c -- \\.-\.......c .././1..L...1 CO -%1-.%.-- ........*"... .6.. ,El /r f.1 s_g (P) PROPOSED 10t430' SERVICE PARKING SPACE (A.C. % 1 %_I ---1 0 PAVING) CC-- r.. -\\‘\\Aillinibik411 .r iI -3 1 1 co LI (P) PROPOSED 60' HIGH FAUX MONO-EUCALYPTUS TREE Alt \1 El ill. * \- 1.4o.___/--.._—t _i _13 g (E)UTILITY UNIT (PROPOSED ELECTRICAL P.O.C.)4-Ic"Ca 7%1 .A 41°.'..)v I ...,,IA (P)ADD TO (E)If FRAME FOR PROPOSED 200AMP a),--1 \1 \A '' %IS-6'i i 1 ME \,WA 7.;I ---"--\ID ELECTRICAL METER---\A ‘A -=U)dc--i A.m ‘,/'r 'i_61:11'----.''< ---0 El (.)UTILITY TRENCH Wt 3. CONDUIT (ELECTRICAL) TOC\\....._--I W 0 12'\\>\55t\AVA .z\,...\I(LEASE AREA, PRELIMINARY UTILITY ROUTE TO BE FIELD \ \‘...,-\__--v"\\\2.16:.‘ i )1\11 a \\1.N 'ref VERIFIED AND ADJUSTED ACCORDINGLY DURING CE %C\"\\1 _---I CONSTRUCTION (TRENCH LENGTH =±290'-01 P•I As 1 -r -----.-3....G:-)\I/et.N1 r A %."'s, 1 \C3....<0 ..es,\\\\--'-1 11h ‘1 p I 1 -0SQ..ce...‘'.i'6 _i .\\\\\--- ..... 13 \is!,,,\1 EC .-... 1 ri-CO-LEGEND:_ so.)\W:.,ts.,--/---.r.'- ..:'4-A---•t J I\(E)INDICATES EXISTING \--...- ..\ --\/03\,(P)INDICATES PROPOSED 0\''.\10.4,,.,.,.„„VINNIBTI.•/ ::''-'-t'e0°.41 /.rn _Jr -'.0,,.vrio.AL.:.- _-??.....k.__\----.A,,.„f____.—___.___INDICATES (E) CHAN-LINK FENCE a. -.P.''Na (Air --........" efE46\ 7 \.I.‘ ...,.........%04.4. ADO ..1>\,,(., 11111011 .•)%t''A I I 0 INDICATES (E) A.G. PAVING Gown By:Checked By:\\--. --S -.-....'A .......=."1.---1 ..-I1.\al_‘k \\..."SEE SHEET A-2 FOR J.M.R.B. \......„,.....„..„.\\1......"'"'I \*Ei ___, _,__.\_...‘../.. 1 /\\'.... -ENLARGED AREA PLAN 113 INDICATES El) A.C. PAVING No.Botea......\t)./'.- 7 "‘...'---— — —-- )\.....„..( 1 r -1.- .-•/tk.L.- 7 \±\\\i\.(Nue NeraipikeT \'\\L i 7 --.--e---**- \\. 1.--—3 \N \P /.1.. --21./I \\\..)pal MENKE INORANTS SUBMITTAL 07-22-2016 \cl \.....„.I--.._•••-...:__I ........Ili__.-.AST /IT\....1A.....I I ^ 1 ............. --....„.....I \'\ s\M=EC (N) RETAINING WALL RE-SUBMITTAL 11-14-2016 .1 ..,..' \-----------C ,-ii-- -- --.....--\1 &-/\.,-.-7/' -A I - _.-,\..\...,_.....,,,r-/L _i if"--- 1 GENERAL NOTES:,.......-....,..-\/....,_....\1 Ic- L \\1\ I.THE PROPERTY BOUNDARY LINES SHOWN ON THEI\\ \ \ \X "" ".................1- 7 I 1,1_., r--A DRAWING ARE FOR REFERENCE ONLY. A BOUNDARY,sthmp.SURVEY WAS NOT PERFORMEO. a )\..."'...\__. ....-.A c )._,--'-' Sere X i-..1 f I 2.FIELO VERIFY AND LOCATE EXISTING UNDERGROUND\\..--..\---.1 I ‘___J .WATER OR DRAIN LINES. HAND TRENCH AND DEEPEN AB um(li4.t IrVil....„...'\\),\REQUIRED IN FIELD WHERE CONDUITS NEED TO CROSS\..---. \.....:..2 -'\\11....."*.-Mei/ 14;41.11"......"."•001/\ .EXISTING WATER OR GRAIN LINES. PROVIDE CONCRETE ENCASEMENT OF CONDUITS MINIMUM 5.0.EACH SIDE(TYPICAL) (ENCROACHMENT PERMIT REQUIRED) Oolm I/el ., -%r ilka Ruled No.: GRAPHIC SCALE / KEY PLAN:51-I" 02/23/16 100611 Task 019.007 Site Plan Site Plan©SCALE:l".513.-cr #91 .----...SAN No.: 4 0 50.100.750'A -0SCALE:1'A 50.0.(11100) Page 1/7 KEYNOTES: ,./El WSIL2LiNAIctillT Exhibit C ..,,(E) ELLERY RESERVOIR WATER TANK 440;/El (E)WATER TANK ASPHALT SERVICE ROAD .,r El (E)CROWN CASTLE LEASED GROUND SPACE AP(11 ITUTS i ---'\--- \.\_.,.,5_..,1 1. -- 1:-'''''. ___,....."'''' 7 El (E)CROWN CASTLE CELLULAR FAUX TREE ]''ta;07:4117: "-FC:.I:T -.-''AIIIIIIIIMlift..- __ - "El (E)CONCRETE PAD Yli DUO, rA qi IN;,..e.;00.';'' V ‘111,010104.I `Y.7:1:V.4c;)';:..i• ,%•1".:00r '--7'-•'' WON.40111101..ill ',Allik- ..& i /frifill'ily".:„,i:.---4..... v.......--(''...\_.... ....'"2.-4,-(7 -Ei (E)13'UTIL. ESMT., SDG&E El (E)TELEPHONE & ELECTRICAL LINES TO EXISTING CELLULAR SITE .L- 0 .Ane.\.,,,A.444.E (E)16-0° RIGHT OF WAY EASEMENT LItIklIt*.76_.....E (N) UTIUTY TRENCH (ELECTRICAL) TO LEASE AREA,a)PRELIMINARY UTILITY ROUTE TO BE FIELD VERIFIED AND U) diNillii .•//)'1$141K a ADJUSTED ACCORDINGLY DURING CONSTRUCTION,•,ii Akl.41p (TRENCH LENGTH =±28a-co CC1114f.--DI (P)ELECTRICAL SWITCH GEAR (1.) 'IrlikTpk_..711kg .//::./..(E) UTILITY UNIT (PROPOSED ELECTRICAL P.O.C).. '' 9.-- El .' .05 1- 47 "7:\(1,1 El ----n (E)NEW RETAINING WALL 14' MAX. HEIGHT a)=u) dIllC.)i-: \1 fir_.13, Ca .----s v •,A . JD0\A n U)\CZ\...••%\04,U ,W ,\,. 'LEGEND:0L\8:. .Ei\"..\ 4110. ,e\ \ 1.-*/‘\ itir \ • •//,‘••• ,.., . - ,• - '41 \. / I (E)INDICATES EXISTING (P)INDICATES PROPOSED —..—..INDICATES (E)CHAIN-UNE FENCE Draxn By:Chocked By: J.M. No.OateIlAme Oesalption7INDICATES (E)AD.PAVINGe../ .”\IP.NN ....SUBMITTAL 07-28-2016 N, i',111V\4t444044ii.:;).N.,,, /'Afir --.- INDICATES (N)AC PAVING,,... ,*4.0'".'..,...,.,..„--,..RE SUBMITTAL 11-14-2018' ,;.ref.,NOICATES(E) TREES ,,i .... ',1 'ElF.Of ----\-.,*jr>7>;;:::-----.'-:----7*7'.',I•a'*>'7 =Mr (N) RETAINING WALL F ,- 4S**.t1.......4teit - „t: --7-_-#7...:....!1 GENERAL NOTES:stomp 40.jt..,,e..A -----",14.1V.......4"...-----.:...40.4ff /1.THE PROPERTY BOuNDARY LINES SHOWN ON THIS 1 :71.;rsi7 -,,... ...ft...:DRAWING ARE FOR REFERENCE ONLY. A BOUNDARY`,4VINEHRAIME...71,...,-.'..11_,s'.0"---.."'-...40111110 1.14-4 SURVEY WAS NOT PERFORMED. 2.FIELD VERIFY AND LOCATE EXISTING UNDERGROUND \VIZI1 I _ . `,.L -.1 I 1 WATER OR DRAIN LINES. HAND TRENCH AND DEEPEN AS 0..t..REQUIRED IN RELD WHERE 00NOURS NEED TO CROSS EXISTING WATER DR DRAIN LINES. PROVIDE CONCRETE n .ENCASEMENT OF CONDUITS MINIMUMS.-17.EACH SIDE ...1.1 N. 02/23/18 :::.....'1,1iii.......1imiiiiiiiiiiipollf \\...._.---\©Entrarcqed Site Plan (TYPICAL) (ENCROACHMENT PERMIT REQUIRED)100611 Task 019.007 Sheel 1.1188: ii GRAPHIC SCALE / KEY PLAN:Enlarged Site Plan,----- Shoat No..OrN..--.--.110 .4'8'12'A-1SCALE: 114' =1'-U'(1:413) Page 2/7 KEYNOTES: Exhibit C Eg LEI SLEW aeraewon.WATER TANK ll 1111 PAPHALTASO SI Li1A1- 1 ID (E/SISS1011TOFWAYEASEMENT Lin Uhl ,al OES IML681.1T.E100SE p r Ilif 1 -•E Col k®01)1SUES101.Balsanillya. WIEST"DISTN13 1 .41 HT '0 mEeSSU.S WE mx FA .MAi Ill oumotamontma /01).A111.50109,‘....---1'•0:1 11110POWNCASUELEASEDCilialleaDWAIS 5011R000 Q210t.\\-1 LE "ccve6DcaiuRErmelawtallnim Hea"wcxemwak.;r...r.- i g ipmcomNm marRIEFAIMIEMEOeaumater 03 IP)WORMER EpMEaO RIO'D LIENEISTOFIwrr0linnom CANOELL071310 LsitwictottuseON A POYFIRD-104-PlAce octave PAD •r%..//a AWNSROSED BOWC SERVICE PAWNS SPACE SCfallu/—ia.. /13 1,71111ILIOSAECOPLYPTUSMEE TIP BEENal POP/0ntEl TRW TO SE DEMOLIPASOSliri PEPLACEDPSI II. 1L.LANDSCAPE DRAWN=ile 4re . . :." AO'1 ...1:EZ a) ,,sc a • etrof ./ LANDSCAPE i -g (111 WALE 111100E sp.S„6"../.El 01vnurr imocroma comourcasauwo to CC .„W,,p,A'4.4 -.LEASEAKA,lannAlaire LniiirrpoingTOW WM VERIF101402.ADJUBIEC I ACOOFINICILY 0141410 ....4=1 I- COWTRUCIION(MEW.LEWD....WOOS/g (P)ELECITSCIAL WELCHOEM aterAsv- .g mbrocomicEn.)—0 ci kb.etts'4. yr .4 0 1P12. MCCCONCRETESEWDITCH W 0 i. 4b,qt / . II /.s..sagalik.4.@ (MEMOS01601111113CWEBEATMS.LEVEL CC LE El 1111 0/6 Nst 4szt4„._44..•-13 /,,..:s ai Asio.(to /..0--_..---,____ __r.ej 30.,”.I" . -4-.rts-2) __ -,.....0..-.I..--,......le .0•ir ---e-EL.....0000 ,.„.„.iv,....-- .400is 0 ---346 TOP OP FENCE 360 BOT OFFENCE RI W Esu Dr.SOS--------ilbator MIL '''-,..‘'•A-A./-'%...11°°/./ E ..-AIntat•+i -`..0 ,L >:•"'•-7a•do.-A ----....„.IS WitISA Davallan :Ft 41111gtellirdlgralagl:..-.temr-......------1 343 TOP OP WALL LEGEND:44t.• Irt frist.._./44.:7;a.um .." .1,1;..4..:to ..IN 1 IPAr "1 IOr 40 -'" --'''XS 331 ourof wait in INCICATESECE111111 51.10111101.01-716-21116 .....ANS/A -6.it _mt- I ill IIgenraWA'qtres °1 --'....r - ., 7C;‘‘N LS INDICATES PROPOSED RE-915111111.11-11-2016 •1".a amEgfaMili je .4.11111W.••z lef5).1 0"ler „04.1.4040\ _..__..INDICA11111(E)SOUO WOOD FENCE • •......,.'1/46 ,_._.,re °7t(J-)//.1.1010ATEESESIAN LW(FENCE\.../.../..S.'-'0\ l,.....%‘ ''',6 \ -FRfil UHD 0.770 . defe.11111 Fla.INDICATES lrylAO. PAY'S] a 0$10111$Ilt E INDICATES 1E1A.C.PAWS Slaw _ Edub.....4''''''‘..1‘..,..-al 4011. -al4„..-•X 70p ESIDATEO TOP ELEVATE]. (5)PPO NNE TREE. •ell%p 4 _____./10 \0ArE .... .i Li% MOT SWAM EOM.ELEvArori / tee '-PIDICATESOESEES We 02023/164'04 ALEPPO PINE TREE.Pralscl Mi.1 CSefir.444'18firMUMC ItAPPROOSAATELY 416 H ...MCAT=MOTS CcSWIM 100611 Task1319.007W.11146 Ad/41491N WOEWCANOPY w -r pal RETAWNO WALL ,is Enlarged 0:43.GRAPHIC SCALE / KEY PLAN:Area Plan atEnlarged Area Plan .44/.PO ES LAT ..11.r‘Ak SS.Na.1p 0 B 16 a'A-2SCALElief.. 1.0.0501 Page 3/7 KEYNOTES:SILPAllExhibit C El 4'PRE-CAST CONCRETE WALLS 11ElWALL MOUNTED AC UNITS W R I MI CONCRETE LANDING--APO-117(13 ....--,-El',.._-/--\--El OVERHEAD COAX CABLE ICE BRIDGE---- _.ii1)!IL:I3::•1.0 r44:I I El 60'-0" HIGH MONOEUCALYPTUS..--_--\/4.1111 1 \WIRQD. tt.Vi106 1111!. )..E OUTLINE OF PROPOSED MONOEUCALYPTUS CANOPY ':14*" ;30 .1)V.EB;'‘(::'I')I M .i (SHOWN DASHED) --..4 i El 24" WIDE CONCRETE BROW DITCH (3" CONCRETE W/L....._ \ll \j•\ 1 -1/2" X 1 -1/2' 17 GAGE STUCCO NETTING)— 1;-4.-!:!•• . •-.../0 I,.:0.41..i.:-:•-.‘'1•- •14r4iT:, -.CBI ....-----.\ill - ! ---'•;El (P) 4' MICROWAVE ANTENNA MOUNTED ON--\MONO-EUCALYPTUS TREE (CONCEAL WITH FOLIAGE FIFIll•-../Ai5V:Ig4-:"WIWk !---.•TRANSPARENT SCREEN/SOCKS)(I..) 1! - OF " ..,LI (P)ONMI ANTENNAS (3 PTY.) MOUNTED ON CO:iiiiPiNe'100:.''o .1..-...---___---...-.MONO-EUCALYPTUS TREE (PAINTED TO MATCH FOLIAGE)(I..) r.:'.:!'''•-•'' 4,' 'V•'; -4 '..".!SCALE:.P.=l'-0.DI (P)RECEIVE ONLY ONMI ANTENNA (1 QTY.) MOUNTED ON CC „,414i.:*4.1:ni.: - •MONO-EUCALYPTUS TREE (PAINTED TO MATCH FOLIAGE)tu4-. 1 a --.'iff.7;..':i:.;•:k:;alat:, - C._ CI)1- 1 .k:odid....(6 Equipment Section (I..) * LEGEND::,..::47::%2.y SCALE: 1Ar 1.-0.=CDO.• . •:.;(E)INDICATES EXISTING W 0 i. ,,,INDICATES PROPOSED CC INDICATES (E)CHAIN-LINK FENCE D —El El GI E A Elj INDICATES (E)AC.PAVING .0—U) I - '1:1 E GENERAL NOTES:V_ 1?I ii.'nomm 1.THE PROPERTY BOUNDARY LINES SHOWN ON THIS al F...'0 .K 11\DRAWING ARE FOR REFERENCE ONLY.A BOUNDARY T '1.SURVEY WAS NOT PERFORMED.0 NORTH ELEVATION WEST ELEVATION SOUTH ELEVATION EAST ELEVATION 2.FIELD VERIFY AND LOCATE EXISTING UNDERGROUNDWATER OR DRAIN LINES. HAND TRENCH AND DEEPEN AS Drown By'.Checked By,REQUIRED IN FIELD WHERE OONDUITS NEED TO CROSS ..,.,, rEl Equipment Elevations EXISTING WATER OR DRAIN LINES. PROVIDE CONCRETEENCASEMENT OF OONDUITS MINIMUM 5.12. EACH SIDE sic..,'A...SY SCALE:1fir l'-0'(TYPICAL) (ENCROACHMENT PERMIT REQUIRED)lesue Descuption 3.OMNI ANTENNAS SHALL BE PAINTED TO MATCH THE SUBMITTAL 07-2B-2016 2.4'-0".Cam.COLOR OF THE MONO-EUCALYPTUS TREE.-- 1. . RE-SURMITIAL 11-14-701513' / 4 .Stomp:„. ,00E'kV4, "91 b 1 Tn :.":1tr" I N':Wcia;2?1 ---7... - .''''''''...."""'.m...."7"'....."..'..11F11I( El 1 1411 47114'4111::: \i [61 \sR_ 1. -/.-y.-/ i ig i 3j-/)0.4 ./Dote:02/23/16L"*sii?"„/Project No.: 100611 Task 019.007\.'-''.1,4-I Sheet Titles:‘ AA Enlarged Enlarged Equipment Shelter Floor Plan ....,......`,\,,a..'.'•Enlarged‘4,2.y SCALE:114..1...(r GRAPHIC SCALE / KEY PLAN:Equipment Floor Plan orik i---'-Sheet N. 4110 a 4'B.12'A-2.1SCALE1/4..1.-0.(1:48) Page 4/7 GRAPHIC SCALE / KEY PLAN:'N W 'W.!-":7..S 1 LLMI1Exhibit C 5-\.'....NIP ---.'...--- ‹., WPI61- 11 APcriTecs ,-- ,—,r....\s.,..., - nornuatsitaKEYNOTES:,v.-.1"---7.59; DSO. (t: Q2108C.)'El (E) ELLERY WATER TANK \'' I . •-----1.-1(.0..a)Shrli")4r))2 LE (P)MONOPOLE EUCALYPTUS ,1 1 1.,El .(E)RESIDENTIAL HOUSE ..—— — — — ---i.\lk L.. El (P) OMU RETAINING WALL ®(1 ..--__.v.I..-")—---1 '0:'— ''t Vi 1-' —'c.,.....,,•r.7,Nv.0g(P) EQUIPMENT SHELTER 0 .Etik:'....r„..•---__j -a I ------_--..1 'I`v'''...i''')I r ----,0 (E)TREE u I t'lf---:'------____III - MOTTO SCALE eN a)4 co.....k .1- 11: -L.-.:, Idi......g..I. I, . _____ ...._...._____ _.,0 NORTH a) 11.111101111 I I ' ' I • 1 .CCG.)..• -Itt_.......... 40El 1 7 .. 1..Cl)'(-6 SECTION C --i -----WI SCALE(V .28.0 1 JAMES WAY IrSARAWAY, iI o i '=co W 0 CCD_--in CZ1._i'...AN.TVm'`41-7 ----[0]Ei _a.„u),,,m,-•311..-.v.,,o ,.„,-, RS0,..-- 1- - Iri - 1,...„,,.-- _, ,i 11.- I a Bow *ducked By.- ii .....FLB.s— — ——— -- I So.Ma (..710Imo.1.1 JANIc§2441_1 .CI kSECTIONB SUOIARTAL 07-28-2016ArgiI. nip SCALE V 25.01 I 66-61.1211.87TAL 11-14-2018 13 —-—a% L.3.c_. ell In 'i:'''I,' I mio.r...„.,./',:V...1 .-..I -)J O'''''''''•:...•,i.o.o.....,.,H.V ..,,P-4-4./"(•'''1 •-..„*.t. .tiutalri.--.'4,14 '1I1fi 0...•..;!•.•:...g caw 02/23/16 •''1 1 1 i rriiili1---•ii.AlliWIVOr 0 )Pooled No. ..-----.._._....1s...00,6,117-ask 019.007 ---t ffl al i Site Sectionsrk)SECTION A )4.V.SCALE:V .25.17 Shed No.A-3 Page 5/7 KEYNOTES:••,;._.._._,_-----------74'..-TI.P gr",.7..c4V-Z`bINFA"AcE SLLM111..........-.„...,.p...,!..;;;,,,, -- , -Exn !WIZ C ----'A"fw.:'-','.'•- •.44 .q.' —?M (E)ELLERY RESERVOIR WATER TANK..'"":?...4.....1.•...: ....'..":;72.:.P;i1::,,f.v.. ..:,,..:;,.r,,,,,,,,e0411 - .%.0.;«,Ii Aliii .-.;.El -___--__M (E) ASPHALT ROAD WRICIII ----M (E)CHAIN-LINK FENCE AP(rIlUCTS •-fr ...Fi_.•:.7.7.41,-:--;!.N..DOT OF OMNI ANTENNA E (P) PROPOSED CMU RETAINING WALL::Z111V.'kt:.7' ",.: .,t':'" ...":1:,:!1911r!"-.'' 4 - .V. (P) PROPOSED 1(Yx24 PREFABRICATED EQUIPMENT SHELTER ON A POURED-IN-PLACE CONCRETE PAD (240 n'W"1:1°"I SQ. Fr.)...*jriW1?tjt.:W'11ETZ•tl.ci C6•''P...s.1 ;,,'...f.r.71..1!0.1.....11 ':4 4'0 MICROWAVE ANTENNA E (P) PROPOSED GENERATOR WITHIN NOISE CANCELLATION '''''.Y"'.i5.4Y;;'.":;-.4: -,Tiljr.:;........:::M INCLOSURE ON A POURED-IN-PLACE CONCRETE PAD?.. .41 V:jirill001111.:11 `.! 7..M (P) PROPOSED OMNI ANTENNAS (3 QTY.)& RECEIVE ONLY L.-,4:14Ill:'' ! OMNI ANTENNA (1 QTY.) MOUNTED TO 6.6 Q 1 1 ---.—"fe.s.-MONO-EUCALYPTUS TREE (PAINTED TO MATCH FOLIAGE) 1 'o,1 (P)BOLLARDSiToTY0-P.CD I i M (E) TREE (1) ,__ As42:7+-- r N (E) SOLID WOOD FENCE (1) 110 /'u \ 1 H (P)4 MICROWAVE ANTENNA MOUNTED ON II „.,,, I MONO-EUCALYPTUS TREE (CONCEAL WITH FOLIAGE RF TRANSPARENT SCREEN/SOCKS) U.74-0 t le *. 1 ...,,_3.11F1.4. L.'"CO i CD I = LLJ OW P.:El ID 141 LEGEND:CC EAST ELEVATION __(c)INDICATES laISTING 13 \,........4/scALITTV;V:cr al(P)INDIOAIES PROPOSED .0 '',........u) a.P07.'—.TOP gFr&ch:LY,1'12.7."'"E FA:::::;e:1.3„..-;;;;.'!"..-1'GENERAL NOTES:V- ?,ili'74. firriAl •.";10111V: -.1;...vck :'.:..c. •1 '.744%••••-•.:„1.*....ii ......';a1.?1tii"' •0i'.'.'4..:_-....t 'Amt,' ',....::•Nil rlinevr::-..,.1 rr-r.'---------1:1 Lk own By.Checteed Bp ,,BOT OF 01.114.ANTENNA .41.:;:i ''..,:!.likti:!: ..7..AV „.. ..?: .... ...1",.;:;:,.:,. ..-J.N.RS 1.._Milk ..:.'.y..'1 ..t fr..,;::,;_...,,No Dote Issue Description 4 :(:4*tkli"Ilk;ifilliiit,'''' SUEODTTAI 07-26-2016 4.0 MICROWAVE ANTENNA ',:r7T.P.:711- :;.1""1.'1"..:•'At ••**e..,• RE-SUBMITTAL 11-14-2016.----t::.'"A4:-4.'''f.'-Ill ..,..,:. ..ow:li:',GRAPHIC SCALE / KEY PLAN: T.D.T./-5?.E.01.Slump: en4,„,,,,,.ri .t 1 '''''El RI .4:311*\---0—WV-----\-—I'T'-•-•-3,r5;..5,,;::.,.,,,.s'''\ ..........31„.(10_,A.'.0.F7T 0 Mtn 02/23/167i, I Project No. 100611 Task 019.007\I --.- ‘...„„....._____)06 Sheet SD.:,.....,_351.y.4.Exterior 1 O''Elevations M El M 1 go WEST ELEVATION /NI,Sheet Ho.--SCALE:1/1N.=1 ".13'.4I 0 0.16'24'A-4SCALE: 1/8' =1.0.(196) Page 6/7 KEYNOTES: Exhibit C ......LI ...uw..._S LPN] ,3...„„.33.33...w (E) CROWN CASTLE LEASED GROUND SPACE VVI?laIll---,,,,•,4 ..-•.0 It ---...'I'M •SF of ami /MOM .m. Laji (P) PROPOSED CMU RETAINING WALL 14111 El 0 .'--.....\NI Jr.V- '‘;)*:.e :1•1`.1----..111 WI PROPOSED 101a4I PREFABRICATED EQUIPMENT 7 .-lc •+•V" 4 4 Will d .-•••....-a._SHELTER ON A POURED4N-PLACE CONCRETE PAD (440 SO. FT.) ,..ill (P) PROPOSED GENERATOR WITHIN NOISE CANCELLATION Itra°11),,A,711„1.T 'aka". 'Tr 1-..4;4r ;- 4..N•44 '---.'N...INCLOSUIE ON A POURED-IN-PLACE CONCRETE PAD -fl '"I '" w -" LI (P) PROPOSED30x/0 SERVICE PARSEC SPACEN.O.Inn6141774741•O..0-..- •°:"4"'VI g r s 1!1,1 .7 4 pAVING)killANI 4 ;"A I.;04t...„.............1.-LI (P) PROPOSED OMNI ANTENNAS (3 QTY.) & RECEIVE ONLY OMNI ANTENNA (1 OW.) MOUNTED TO (N)2ITEr. 140104.... -.'•r4`ki°.,';°°4°"4..I '1 MONO-EUCALYPTUS TREE (PPJNIED TO MATCH FOUAGE) R 4 •4S114'4./St I 111 (E) SOLID WOOD FENCE C LI (P)BOLLARDS a) DD ME t1°—\";:r 1 t IP IP.a .1.1 4 1 Ofiutto.k El y /4.--4 lEi DOABLE BRIDGE .1 4.....1 I ;nrgnikt.7tPPP 0 4 Ill (E)CHAIN-LINK FENCE CC a)(81 TREE 4-.——-—-al'it/if+...IA (P)GENERATOR ENCLOSURE ?.- C75 11: H .E.:(:g131fIll -I .... 1 9 ;I,Ei 0.1 4.MICROWAVE ANTENNA MOUNTED ON MONO-EUCALYPTUS 1REE r(cNcsm_WITH FOLIAGE RF a)ih =co d....-I 0 11110 ill D TRANSPARENT' ECREEN/SOCK81 MING DPOPOSED "LK LLJ pc ri Di E CI Ei 1 V 03 (To,NORTH ELEVATION mow eawaiN-1I47 .0 LEGEND:U) (3)iNDICATESEDSTINO 1.- ,b1--.-121::g.ILAZZLL'a (F INDICATEN PROPOSED Cti IS 4 .".7...9'(444) m r Oil 0011 4.'W GENERAL NOTES:— 4 4C 4 ? ?r44 44'Dem By Opseked Br•00 1 _ -I.a .0. 4 BOT Of 0/4111 AMENNA r .G --4 WM DeNkm Devalpfee IMPS'. SWINK Ol-III-2014 W J.Q.'/mesa.*_____ RE-16111141 11-14-2016..10.11.11:dia 4P Keuivert AWIDIN '4 4 API•It Er 1:?GRAPHIC SCALE /KEY PLAN: '4-.7;7 r4 , 111I Lijil EMI O --- N•\\ Thi. 4 .a...... Mr I PROPOSED CAN WALL flASNED FUR CUNT( e _1 ii_e r (0 ..1 r-1 'cr o Oat (zi 02/23/18 I .12 I ATioet Mik11 I mil?40 \ -----1---/I°100811 Tilt018,007 5heet TOD E DROWSED l'EXISiNG 1.re Exterior El Vile Pi 4A). Elevations A SOUTH ELEVATION 1/414/Wire.1.4). 40.17:1 Sheet PIN lip e B.16 14.A-5SCALEIt -11-4/(1.66 Page 7/7