HomeMy WebLinkAbout2018-04-24; City Council; Resolution 2018-053Exhibit 1
RESOLUTION NO. 2018-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENT WITH NEW CINGULAR WAIRELESS PCS, LLC TO OPERATE A
WIRELESS COMMUNICATION FACILITY AT THE CROSSINGS GOLF COURSE
(APN: 212-270-01, 02, AND 07)
WHEREAS, city staff has negotiated a license agreement with New Cingular Wireless PCS, LLC,
to install cellular at the Crossing Golf Course located at APN: 212-270-01, 02, and 07; and
WHEREAS, New Cingular Wireless PCS, LLC obtained approval of a Minor Conditional Use Permit
(MCUP 15-04) to locate its facilities at the Crossings Golf Course on September 5, 2017; and
WHEREAS, the city will receive a one-time lump sum payment of $8,000 for administrative
expenses and golf course improvements to an existing maintenance enclosure valued at approximately
$57,500; and
WHEREAS, the License Agreement will generate $45,903 in revenue for the city over the first year
of the agreement and will increase a minimum of 4 percent in January of each year.
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad, California, as follows that:
1. The above recitations are true and correct.
2. That the City Manager, or his designee, is hereby authorized to take all actions necessary
to implement the license agreement with New Cingular Wireless PCS, LLC, that are
consistent with and in full compliance with the terms and conditions expressed in the
aforementioned Agreement, including any Agreement extensions, and to the satisfaction of
the City Attorney, including any amendment to the Agreement.
April 24, 2018 Item #2 Page 3 of 92
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of April 2018, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, M. Packard
NOES: C. Schumacher
ABSENT: M. Hall
~· 6£
KEITH BLACKBURN, Mayor Pro Tern
ATTEST:
April 24, 2018 Item #2 Page 4 of 92
COMMUNICATIONS SITE LICENSE AGREEMENT
between
THE CITY OF CARLSBAD
and
New Cingular Wireless PCS, LLC
EFFECTIVE DATE: APRIL 24, 2018
Attachment A
April 24, 2018 Item #2 Page 5 of 92
TABLE OF CONTENTS
BACKGROUND .............................................................................................................. 1
AGREEMENT ................................................................................................................. 1
1. DEFINITIONS .......................................................................................................... 1
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; Equipment ................................................................................. 6
3.2. Prohibited Uses .................................................................................................. 6
3.3. Access ............................................................................................................... 7
3.3.1. Licensee Access .......................................................................................... 7
3.3.2. Entry and Inspection .................................................................................... 7
3.4. Utilities ............................................................................................................... 7
3.5. Tests and Surveys ............................................................................................. 7
3.6. Modifications; Alterations ................................................................................... 8
3.7. Equipment Removal; Replacements; Routine Maintenance .............................. 8
3.8. Construction and Installation Activities ............................................................... 8
3.8.1. Structural Review ........................................................................................ 8
3.8.2. Performance Standards ............................................................................... 8
3.8.3. Licensee's Contractors ................................................................................ 9
3.8.4. Labor and Material Costs ............................................................................. 9
3.8.5. Coordination; Supervision ............................................................................ 9
3.8.6. Staging Area ................................................................................................ 9
3.8.7. As-Built Site Plans ....................................................................................... 9
3.9 . Mineral and Water Rights ................................................................................. 10
3.9.1. General ...................................................................................................... 10
3.9.2 . Mineral Rights ............................................................................................ 10
3.9.3. Notice ........................................................................................................ 10
4. TERM ..................................................................................................................... 11
4.1. Initial Term; Renewal Term(s) .......................................................................... 11
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4.2. Holdover Term ................................................................................................. 11
5. LICENSE FEE; OTHER PAYMENTS TO THE DISTRICT ..................................... 11
5.1. Base License Fee ............................................................................................ 11
5.2. Annual Adjustments ......................................................................................... 11
5.3. Renewal Term Adjustments ............................................................................. 12
5.4. Late Charges .................................................................................................... 13
5.5. Interest ............................................................................................................. 13
5.6. Administrative Fees .......................................................................................... 13
5.7. Access Route Maintenance Fee ...................................................................... 13
5.8. Payment Procedures ........................................................................................ 14
6. GOVERNMENTAL APPROVALS .......................................................................... 16
6.1. Proprietary Capacity Acknowledgment ............................................................ 16
6.2. Permits and Other Governmental Approvals .................................................... 17
7. MAINTENANCE ..................................................................................................... 17
7 .1 . Licensee's Maintenance Obligations ................................................................ 17
7.2. City's Maintenance Obligations ........................................................................ 17
8. INTERFERENCE ................................................................................................... 18
8.1. Licensee's Interference Obligations ................................................................. 18
8.2. City's Interference Obligations ......................................................................... 18
8.3. City's Governmental Communications ............................................................. 18
9. TAXES ................................................................................................................... 19
9.1. Title to Licensee's Equipment and Improvements ............................................ 19
9.2. Possessory Interest Taxes ............................................................................... 19
9.3. Licensee's Tax and Assessment Obligations ................................................... 19
9.4. Licensee's Right to Contest Taxes or Assessments ........................................ 19
10. LIENS .................................................................................................................. 20
11. INDEMNIFICATION ............................................................................................. 20
11.1. Licensee's General Indemnification Obligations ........................................... 20
11.2. Licensee's Indemnification for Personnel Injuries ......................................... 21
11.3. Licensee's Defense of the City ..................................................................... 21
12. ENVIRONMENTAL PROVISIONS ...................................................................... 21
12.1. Licensee's General Environmental Obligations ............................................ 21
12.2. Hazardous Substances ................................................................................. 21
12.3. Licensee's Response to Hazardous Substance Release .............................. 22
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12.4. Self Help ....................................................................................................... 22
12.5. Licensee's Environmental Indemnification Obligations ................................. 22
12.6. Licensee's Liability for Hazardous Substance Release ................................. 23
13. INSURANCE ....................................................................................................... 23
13.1. Licensee's Insurance Obligations ................................................................. 23
13.1.1. Required Endorsements ......................................................................... 23
13.1.2. Claims-Made Policies ............................................................................. 24
13.1.3. General Aggregate Limit ........................................................................ 24
13.1.4. Insurer Qualifications .............................................................................. 24
13.1.5. Certificates; Effective Dates ................................................................... 24
13.1.6. Self-Insurance ........................................................................................ 25
13.2. Contractors' Bonds Insurance ....................................................................... 25
13.3. No Limitation on Indemnification Obligations ................................................ 25
13.4. City's Termination Right ................................................................................ 25
14. ASSIGNMENT; SUBLICENSE ............................................................................ 25
14.1. Assignment ................................................................................................... 25
14.2. Sublicense (Collocation) ............................................................................... 26
14.3. Continuing Obligation .................................................................................... 26
15. DEFAULT; REMEDIES ....................................................................................... 26
15.1. Defaults and Cure Periods ............................................................................ 26
15.2. Sums Paid During Default ............................................................................. 26
15.3. No Consequential Damages ......................................................................... 27
15.4. No Personal Liability for City Officials, Employees or Agents ....................... 27
15.5. Cumulative Remedies ................................................................................... 27
16. TERMINATION .................................................................................................... 27
16.1. Grounds for Termination ............................................................................... 27
16.2. Early Termination Fee ................................................................................... 28
17. REMOVAL AND RESTORATION ....................................................................... 28
18. CONDEMNATION ............................................................................................... 28
18.1. Permanent Takings ....................................................................................... 28
18.1.1. Termination and Award .......................................................................... 29
18.1.2. No Statutory Right to Terminate ............................................................. 29
18.2. Temporary Takings ....................................................................................... 29
19. DESTRUCTION .................................................................................................. 29
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20. NOTICES ............................................................................................................ 30
21. BANKRUPTCY .................................................................................................... 31
22. SECURITY DEPOSIT .......................................................................................... 31
22.1. Amount ......................................................................................................... 31
22.2. Application or Use ......................................................................................... 31
23. MISCELLANEOUS .............................................................................................. 32
23.1.
23.2.
23.3.
23.4.
23.5.
23.6.
23.7.
23.8.
23.9.
23.10.
23.11.
23.12.
23.13.
Interpretation; Construction ........................................................................... 32
Unenforceability; Severability ........................................................................ 33
Time for Performance; Force Majeure .......................................................... 33
Integration; Entire Agreement ....................................................................... 33
Successors and Assigns ............................................................................... 33
Amendments or Modifications ....................................................................... 33
Waivers ......................................................................................................... 33
Governing Law; Venue; Attorneys' Fees ....................................................... 34
Government Claims Act ................................................................................ 34
Public Records Act Disclosure ................................................................... 34
Estoppels ................................................................................................... 35
Brokers ...................................................................................................... 35
Survival ...................................................................................................... 35
23.14. Submission for Inspection; No Offer .......................................................... 35
23.15. Execution; Counterparts ............................................................................ 36
EXHIBIT A ..................................................................................................................... 38
EXHIBIT B ..................................................................................................................... 39
EXHIBIT C ..................................................................................................................... 40
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COMMUNICATIONS SITE LICENSE AGREEMENT
This Communications Site License Agreement (this "License") dated April 24, 2018 (the
"Effective Date") is between the City of Carlsbad, (the "CITY") and New CingularWireless
PCS, LLC ("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 the Crossing Golf
Course in the City of Carlsbad, County of San Diego, State of California (APN: 212-
270-0, 212-270-02 & 212-270-07 (the "Property"), as legally described in Exhibit A
attached hereto and incorporated herein;
B. WHEREAS, Licensee desires to construct, install, own , operate and maintain
wireless communication facilities as its primary business;
C. 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; 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;
D. 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;
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 Glasgow Drive to the License Area in the location shown on Exhibit B.
"Access Route Maintenance Expenses" means all costs, if any, incurred by the City, in
its reasonable discretion to: (1) operate, maintain and/or repair the Access Route, which
includes without limitation all related costs for labor and material, so as to keep the Access
Route in a neat, clean, safe and good condition as determined by the City in its reasonable
discretion; (2) add or replace improvements on, under or over the Access Route
mandated under any applicable Laws; or (3) replace improvements on , under or over the
Access Route as amortized over their useful lives. Access Route Maintenance Expenses
does not include any maintenance, repairs or replacements in connection with damage
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April 24, 2018 Item #2 Page 10 of 92
to the Access Route (other than ordinary wear and tear) caused by Licensee, its Agents
or Invitees.
"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
at least 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 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.
"Common Control" means, for purposes related to Affiliate(s) in Section 14 (Assignment;
Sublicense), two entities that are both controlled by the same third entity.
"Control" means, for purposes related to Affiliate(s) in Section 14 (Assignment;
Sublicense), as follows: (a) as to a corporation, the ownership of stock having the right to
exercise more than 50% of the total combined voting power of all classes of stock of the
controlled corporation, issued and outstanding; or (b) as to partnerships and other
business associations forms, ownership of more than 50% of the beneficial interest and
voting control of such association.
"Court" means San Diego County Superior Court.
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April 24, 2018 Item #2 Page 11 of 92
"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; (ii) any violation of or material noncompliance with any environmental provision in
this License; (iii) immediate response, remediation and restoration actions; (iv)
governmental oversight and participation; (v) actual fees and costs for project managers,
attorneys, legal assistants, engineers, consultants, accountants and experts, whether
employed with the damaged party or not; (vi) any diminution in value, loss or restriction
on use of the Property; and (vi) 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, antenna support structures and any associated utility or
equipment boxes, and battery backup, 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.
"ETF" is an acronym for "early termination fee" and is defined in Section 16 (Termination).
"Governmental Approvals" means any governmental or regulatory licenses, permits
and other approvals necessary for Licensee to install, operate and maintain 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.
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"Holdover Fee" means the increased fee assessed 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 4.2 (Holdover Term).
"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 4.2 (Holdover Term).
"Impositions" means any and all taxes, assessments, charges, excises and exactions
whatsoever, and as is 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, whether foreseen or unforeseen, ordinary as well as extraordinary, as
adopted or as amended at the time in question.
"License Area" means that certain ground space on the Property more particularly
described and depicted in Exhibit B attached hereto and incorporated herein.
"Licensee's Share" means six percent (6%) of Access Route Maintenance Expenses,
as determined by the number of days Licensee, its Invitees and Agents are anticipated to
use the Access Route in a 365-day calendar year.
"Permitted Use" means construct, install, operate, maintain, remove and repair the
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; Equipment).
"Property" means that certain real property commonly known as the Crossing Golf
Course in the City of Carlsbad, County of San Diego, State of California (APN: 212-270-
07-00), as legally described in Exhibit A attached hereto and incorporated herein.
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"Release" means, with respect to any Hazardous Substance, any actual or imminent
discharging, disposing, dumping, emitting, emptying, escaping, injecting, jettisoning,
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 that
Licensee may use on a temporary and non-exclusive basis, and as is defined in Section
3.8.6 (Staging Area).
"Tests" means tests, surveys and other reasonably necessary inspections, and as is
defined in Section 3.5 (Tests and Surveys).
"Utilities Route" means the non-exclusive license for utility installation on, under or over
the Property from Glasgow Drive 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.
2.2. 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.
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April 24, 2018 Item #2 Page 14 of 92
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; Equipment
After the Commencement Date, Licensee may use the License Area to construct, install,
operate, maintain, remove and repair the Equipment, in the locations and configurations
more particularly described in Exhibit C attached hereto and incorporated herein (the
"Approved Plans"), to transmit and receive wireless 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, which the City may withhold for any or no reason in the
City's sole discretion.
3.2. 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 park, or constitutes a nuisance either under applicable Laws or as determined
by the City in its reasonable judgment. Licensee shall take all 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.
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3.3. Access
3.3.1. Licensee Access
Except as may be specifically provided otherwise in this License, Licensee may use the
Access Route, 24 hours per day and seven days per week, for overland vehicular and
pedestrian ingress and egress between the License Area and Glasgow Drive for purposes
reasonably related to the Permitted Use. The City may impose reasonable rules and
regulations on the manner in which Licensee uses the Access Route, which includes
without limitation rules and regulations (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.
3.3.2. 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. During the six (6) months before the expiration
of the Term, the City may exhibit the License Area to prospective licensees at times
approved by Licensee and in the presence of Licensee or its Agent. 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, 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 3.3.2 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 3.3.2 shall be construed as obligating the City to perform any
maintenance, repairs, alterations or improvements.
3.4. 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.
3.5. 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
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April 24, 2018 Item #2 Page 16 of 92
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.
3.6. Modifications; Alterations
Except as expressly provided otherwise in this License, Licensee may not modify or alter
the Equipment or 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.
3.7. Equipment Removal; Replacements; Routine Maintenance
At any time after the Commencement Date, Licensee will have the right to remove any
Equipment, repair or replace any damaged or inoperable Equipment with substantially
similar and technologically equivalent Equipment and perform routine maintenance
without the City's prior consent; provided, however, that Licensee must provide the City
with notice within 10 days after any removal, repair or replacement work occurs.
3.8. Construction and Installation Activities
3.8.1. Structural Review
Licensee may not commence any construction or installation activities on the Property
that involve new structures or increased loading on existing structures without prior written
approval from the City Engineer or the City Engineer's 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.
3.8.2. 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
must be high quality, safe, fire resistant, modern in design and attractive in appearance,
all as approved by the City.
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3.8.3. 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.
3.8.4. 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 in
accordance with the Approved Plans and all applicable Laws. Licensee shall timely pay
for all labor, materials, Equipment and all professional services related to the Permitted
Use or furnished to the License Area at Licensee's direction or for Licensee's benefit.
3.8.5. 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.
3.8.6. 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.
3.8.7. 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 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.
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3.9. Mineral and Water Rights
3.9.1. General
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. 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 3.9.1 so as to interfere
unreasonably with Licensee's operations or access under this License or to impair the
security of any secured creditor of Licensee. The City agrees that rights granted to third
parties by reason of this Section 3.9.1 must contain provisions that the surface of the
License Area will be restored as nearly as practicable to its original condition upon the
completion of any construction.
3.9.2. Mineral Rights
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 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 3.9.2.
3.9.3. 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
to that Licensee may relocate any Equipment or operations on the License Area so as to
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not interfere with such plans. Licensee's service will not be interrupted, and Licensee shall
have the right to place a temporary cell site and 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.
4. TERM
4.1. Initial Term; Renewal Term(s)
The initial term under this License (the "Initial Term") will commence on the
Commencement Date and will automatically expire ten (10) years from the
Commencement Date, unless earlier terminated in accordance with this License. After
the Initial Term expires, this License will automatically renew for two (2) additional 5-year
terms (each a "Renewal Term") unless Licensee is in default at the time the Initial Term
or first Renewal Term, if any, expires or Licensee irrevocably notifies the City that
Licensee does not intend to renew this License within 90 days before the Initial Term or
first Renewal Term, if any, expires. (The parties refer to the Initial Term and any applicable
Renewal Term(s) as the "Term".)
4.2. Holdover Term
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"), except that (1) the License Fee will
be automatically increased to one hundred fifty percent (150%) over the License Fee
payable in the immediately previous year (the "Holdover Fee"), and will continue to
increase in accordance with Section 5.2 (Annual Adjustments) and Section 5.3 (Renewal
Term Adjustments); and (2) either the City or Licensee may terminate such license on 30
days' written notice for any or no reason.
5. LICENSE FEE; OTHER PAYMENTS TO THE DISTRICT
5.1. Base License Fee
Licensee shall pay the City Three Thousand Two Hundred and Eighty-Five Dollars
and Twenty-Five Cents ($3,285.25) (the "License Fee") each month, in advance,
without any prior demand, setoff, deduction or counterclaim for any reason.
5.2. Annual Adjustments
On January 1 each year throughout the Term, the License Fee will be automatically
increased subject to the semi-annual Consumer Price Index (CPI) for "All Urban
Consumers" for San Diego, California. If this index is no longer published, the index for
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adjustment will be the U.S. Department of Labor's "Comprehensive Official Index" most
comparable to the aforesaid index.
If the Department of Labor indices are no longer published, another index generally
recognized as authoritative will be substituted by agreement of City and Licensee. If the
parties cannot agree within sixty (60) days after demand by either party, a substitute
index will be selected by the Chief Officer of the Regional Office of the Bureau of Labor
Statistics or its successor. Any reference in this License to "CPI" or "index" shall mean
the index used in accordance with this Subsection.
Regardless of the index publication dates, the minimum rent adjustment dates shall be
on the dates defined by Subsection 5.02 above. Until the minimum rent adjustment can
be actually calculated in accordance with this License, Licensee shall continue to make
payments at the existing rental rate. When the adjustment is calculated, the balance of
rents due at the adjusted rate, from the rental adjustment date through the date of
calculation, will be paid to City within thirty (30) days of written notice by the City.
The percent change in the CPI shall be the percent change in the San Diego All Consumer
Index over the preceding 12 month period covered by the most recent publication of the
Index. However, in no event shall the adjusted rent increase be less than four percent
(4%) nor more than six percent (6%) per year.
5.3. Renewal Term Adjustments
Subject to the terms and conditions in this Section 5.3, the parties shall adjust the Monthly
Fee for each Renewal Term, if any, to reflect the current market price (the "Adjusted
License Fee") for similarly situated wireless communications agreements in the Los
Angeles County, Riverside County, Orange County and San Diego County region. The
City shall use good faith efforts to send written notice to Licensee with the Adjusted
License Fee (the "Adjustment Proposal") for the Renewal Term no later than 30 days
before the Initial Term (or the then-current Renewal Term, if applicable) expires. Licensee
shall pay the Adjusted License Fee as determined by the City unless Licensee objects in
a written notice to the City that contains documentation to support Licensee's objection
(the "Objection Notice") within 20 days after the Adjustment Proposal. Absent a timely
Objection Notice from Licensee, the amount identified in the City's Adjustment Proposal
will automatically become the Adjusted License Fee. If Licensee sends a timely Objection
Notice and the parties cannot agree on the Adjusted License Fee on or before the date
on which the Renewal Term commences, Licensee shall pay the Holdover Fee until the
parties establish the new Adjusted License Fee as provided in this Section 5.3. In such
case, within 10 days after the Renewal Term commences, the parties shall in good faith
mutually appoint an appraiser with at least two years' experience in wireless facilities
appraisal. If the parties cannot mutually appoint such an appraiser within the said 10-day
period, then the City and Licensee shall each appoint their own appraiser within 10 days
thereafter. The two appraisers shall appoint a third appraiser within 10 days thereafter,
and all three appraisers shall collectively determine the appropriate Adjusted License Fee
in a written report submitted to the parties within 15 days after the third appraiser's
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appointment. Licensee shall pay the difference between the Holdover Fee paid during the
Renewal Term and the Adjusted License Fee that would have been paid during the
Renewal Term within 15 days after the parties establish the new Adjusted License Fee;
provided, however, that Licensee will not be entitled to any refund should the new
Adjusted License Fee be less than the Holdover Fee. The City and Licensee will each
pay their respective costs for any unilaterally selected appraiser; the parties shall equally
share the cost for any mutually selected appraisers or any third appraiser selected by the
unilaterally selected appraisers. Notwithstanding anything in this License to the contrary,
in the event that the fair market rate appraises for less than current License Fee, the
parties shall not adjust the License Fee and the License Fee shall escalate as provided
in Section 5.2 (Annual Escalations).
5.4. Late Charges
In the event that Licensee fails to pay any License Fee or any other amount payable to
the City within 10 days after such amounts are due and unpaid, such amounts will be
subject to a late charge equal to six percent (6%) of unpaid amounts. Licensee and the
City agree that the late charge is a reasonable estimate of the amount that the lateness
of the License Fee will cost the City.
5.5. Interest
Any License Fees and all other amounts payable to the City other than late charges will
bear interest at ten percent (10%) per annum or the highest rate permitted by Law
(whichever is greater) from the due date when not paid within 10 days after due and
payable to the City. Any sums received shall be first applied towards any interest, then to
the late charge and lastly to principle amount owed. Any interest or late charge payments
will not alone excuse or cure any default by Licensee.
5.6. Administrative Fees
Within 60 days after the parties fully execute this License, Licensee shall pay to the City
a nonrefundable administrative fee equal to Eight Thousand and 00/100 Dollars
($8,000.00) (the "Administrative Fee") to cover the City's costs to review and execute
this License. In addition, for any approval under this License for which the City's prior
consent is required, Licensee shall reimburse the City for its reasonable costs directly
related to the City's review and consideration of the request.
5.7. Access Route Maintenance Fee
Throughout the Term, and in addition to the License Fee and any other sums paid by
Licensee to the City in connection with this License, Licensee shall pay to the City
Licensee's Share of Access Route Maintenance Expenses as provided in this Section
5. 7. Not more than once in any 12-month period, the City may demand that Licensee pay
Licensee's Share. Licensee shall pay Licensee's Share to the City within 10 days after
the City tenders to Licensee a reasonably detailed statement with the Access Route
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Maintenance Expenses. In the event that Licensee objects to any expense on such
statement, Licensee will be permitted to reasonably inspect any invoices and/or receipts
directly related to the disputed expenses so long as Licensee first pays the full amount
under protest.
5.8. Golf Course Improvements
City hereby agrees that the golf course improvements provided by Licensee at the
Property are valuable consideration received from Licensee. Licensee shall have one (1)
year from the Effective Date to complete the golf course Improvements so that the
improvements are fully operational and suitable for use. If the golf course Improvements
are not completed within one (1) year from the Effective Date, Licensee may be in default
of this License.
The golf course improvements (hereinafter referred to as the Golf Course Improvements)
include: 1) increasing the size of the existing maintenance equipment enclosure by no
less than double the current size so as to accommodate a ball picker machine and ball
wash-room; 2) installation of a new driveway to the expanded maintenance equipment
enclosure that is 18 feet by 60 feet for the new ball picker machine; and 3) installation of
plumbing and electrical utilities for the new ball wash-room located at the expanded
maintenance equipment enclosure.
5.8.1 Golf Course Improvements Commencement.
Licensee shall not commence Golf Course Improvement work or make (i) any alterations,
improvements, additions or utility installations, including without limit, carpeting, floor or
window coverings, locks, air lines, power panels, electrical distribution systems, lighting
fixtures, space heaters, air conditioning and plumbing in, on, or about the Property or (ii)
any change or alteration to the exterior of the Property without City's prior written consent,
which shall not be unreasonably withheld, conditioned or delayed. If Licensee makes any
Golf Course Improvements or commences Licensee's work without the prior written
approval of City, City shall have the right to require that Licensee remove any or all of
such Golf Course Improvements or Licensee's work and repair and any restore damage
to the Property caused by such removal at Licensee's sole expense and shall also have
the right to declare Licensee in default and to terminate this License. Licensee's work
and any Golf Course Improvements shall at all times comply fully with all applicable
federal, state and municipal laws, ordinances, regulations, codes and other governmental
requirements now or hereafter in force and Licensee shall, at Licensee's sole cost and
expense, take all actions now or hereafter necessary to ensure such compliance.
Licensee shall provide City with a written request for approval of Licensee's work or any
Golf Course Improvements that Licensee would like to make with proposed detailed
plans, if applicable in light of proposed work. City shall have the right to condition City's
prior written consent upon Licensee's: (i) obtaining a building permit (if necessary) and
complying with all building and planning laws and regulations for Licensee's work or the
Golf Course Improvements from appropriate governmental agencies; (ii) furnishing a copy
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of such building permit and evidence of such compliance to City prior to the
commencement of such work; (iii) complying with all the conditions of such building permit
and such building and planning laws and regulations; (iv) providing City with plans and
specifications for Licensee's Work or the Golf Course Improvements (if reasonable in light
of the nature of the proposed work) for City's prior written approval; (v) providing City with
a copy of the construction contract, construction schedule, trade payment breakdown and
list of subcontractors and suppliers for Landlord's prior written approval; (vi) obtaining a
builder's "all risk" insurance policy in an amount and issued by insurance company
acceptable to City, naming City as an additional insured and otherwise satisfying the
requirements of Section 13 below; and/or (vii) providing City with at least ten (10) days
written notice prior to commencing any such work. In its capacity as a licensor (and not
as the approving agency), City's approval of the plans, specifications and working
drawings for Licensee's work or any Golf Course Improvements shall create no
responsibility or liability on the part of City for their completeness, design sufficiency, or
compliance with all laws, rules and regulations of governmental agencies or authorities.
City shall not be liable for any damage, loss, or prejudice suffered or claimed by Licensee,
its agents or any other person or entity on account of: (a) the approval or disapproval of
any plans, contracts, bonds, contractors, sureties or matters by City in its capacity as a
licensor (and not as the approving agency); (b) the construction or performance of any
work whether or not pursuant to approved plans; (c) the improvement of any portion of
the Property or alteration or modification to any portion of the Property; or (d) the
enforcement or failure to enforce any of the covenants, conditions and restrictions
contained in this License. Under no circumstances shall Licensee make any roof
penetrations without the prior written consent of City. Any consent of City shall be
conditioned upon City's review and approval of plans satisfactory to City for the repair of
the roof. Any roof penetrations may be inspected by City's roofing contractor, and
Licensee shall reimburse City for the cost of such inspection and any necessary repair
work within ten (10) days after Licensee's receipt of an invoice therefor.
5.8.2. Construction of Licensee Improvements; Liens.
Licensee shall pay when due all claims for labor or materials furnished or alleged to have
been furnished to or for Licensee at, on, or for use in the Property, and shall defend,
indemnify, protect and hold harmless the Property and City against the same (including,
without limitation, the costs of defending against such claims, and reasonable attorney's
fees incurred therein). Licensee shall keep the Property and any interest therein, free and
clear of all mechanics' liens and all other liens. Licensee shall give City immediate written
notice of any lien filed against the Property or any interest therein related to or arising
from work performed by or for Licensee. Licensee shall give City not less than ten (10)
days' prior written notice of the commencement of Licensee's work or any Golf Course
Improvements in the Property, and City shall have the right to post notices of
nonresponsibility in or upon the Property as provided by law. If any lien or levy of any
nature whatsoever is filed against the Property or Licensee's interest, then upon City's
request, Licensee shall furnish to Landlord a corporate surety bond, satisfactory to City,
in an amount equal to one and one-half (1 %) times the amount of the claims upon which
such lien or levy has been filed. Such bond shall be acknowledged by Licensee as
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principal and by a corporation, licensed by the Insurance Commissioner of the State of
California to transact the business of a fidelity and surety insurance company, as surety.
City shall have the right to declare this License in default in the event the bond required
by this paragraph has not been deposited with City within ten (10) days after written
request has been delivered to Licensee.
5.8.3 Title to Licensee Improvements.
Subject to Section 13 below, upon the expiration or earlier termination of this License,
any and all of Licensee's work and Golf Course Improvements which may be made in or
upon the Property shall become the property of the City and remain upon and be
surrendered with the Property at the expiration of the Term without compensation to
Licensee unless City requires that Licensee remove the Licensee work and/or the Golf
Course Improvements.
5.9. Payment Procedures
Licensee shall deliver all payments due under this License to 1635 Faraday Ave.,
Carlsbad, CA 92008. The designated place of payment may be changed from time-to-
time upon written notice. Payments must be made by check payable to the City of
Carlsbad. No payment by Licensee or receipt by the City of a lesser amount than payment
due will be deemed to be other than a payment made on account for the total payment
due, nor will any endorsement or statement on any check or any letter accompanying any
check or payment be deemed an accord and satisfaction. The City's acceptance of such
checks or payment will be without prejudice to the City's right to recover the balance of
the amount due or pursue any other remedy in this License.
6. GOVERNMENT AL 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.
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6.2. Permits and Other Governmental Approvals
Licensee shall not commence any work at the License Area until Licensee obtains all
necessary Governmental Approvals, which includes without limitation a conditional use
permit, grading permit, building permit, and/or any other permit obtained through any
other governmental agency with jurisdiction over the Property 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.
7. MAINTENANCE
7 .1. Licensee's Maintenance Obligations
At all times throughout the Term, Licensee shall maintain, repair and secure its Equipment
and all other personal property and improvements brought onto the Property in good,
orderly and safe condition. Licensee shall keep the License Area free of debris, graffiti
and any other dangerous, noxious or offensive condition which would create a hazard or
undue vibration, heat, noise or interference, and shall correct any such conditions within
48 hours after notice. 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 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, weather and seasonal
conditions permitting. For Access Route maintenance purposes, the City, in its sole
discretion, shall assess Licensee an annual Access Route maintenance fee in an amount
reasonably proportional to the accelerated wear and tear caused by Licensee's Access
Route use. Licensee acknowledges that the Access Route as currently constructed and
maintained is sufficient to provide it with 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.
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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 lawfully used by the City, its Agents
or any third parties authorized by the City to use the Property. 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 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 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.
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
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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 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 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 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 or the Equipment that may be
imposed on Licensee under Law. Licensee shall not allow or suffer any lien for any
Impositions to be imposed on the License Area or Equipment. In the event that the City
receives any Imposition notices on or in connection with the License Area 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 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.
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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
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, with or without notice to Licensee. Licensee shall
reimburse the City for all costs and expenses incurred to cause such lien or imposition to
be released (which includes without limitation reasonable attorneys' fees) 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. Licensee's General Indemnification Obligations
Licensee, for itself and its successors and assigns, shall indemnify, defend and hold the
Indemnified Parties harmless from and against any and all Claims incurred in connection
with or arising in whole or in part from: (1) death or personal injury to any person or
property damage or other loss that occurred on or about the License Area or arises in
connection with Licensee's, its Agents' or Invitees' authorized or unauthorized uses on or
about the License Area; (2) any failure or refusal by Licensee to observe or perform any
term, covenant or condition in this License to be observed or performed on Licensee's
part; (3) Licensee's, its Agents' or Invitees' uses or occupancy, or manner of use or
occupancy, of the License Area; (4) any exposure to RF emissions or EMFs from
Licensee's Equipment or uses on or about the License Area; (5) the License Area
condition or any occurrence on or about the License Area attributable to the events
described in clauses (1 ), (2), (3) or (4) in this Section 11; or (6) any act, omission or
negligence of Licensee, its Agents or Invitees in, on or about the License Area; all whether
any negligence may be attributed to the Indemnified Parties or not, and all whether liability
without fault is imposed or sought to be imposed on the Indemnified Parties, but except
to the extent that such Claim(s) arise from the Indemnified Parties' willful misconduct or
gross negligence. Licensee's obligations under this Section 11 include, without limitation,
reasonable fees, costs and expenses for attorneys, consultants and experts, and the
City's costs to investigate any Claim. Licensee specifically acknowledges and agrees that
it has an immediate and independent obligation to defend the Indemnified Parties from
any Claim that actually or potentially falls within this Section 11, even when the allegations
in such Claim are groundless, fraudulent or false, and which obligation arises at the time
the Indemnified Parties tender such Claim to Licensee and continues at all times until
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such Claim's final resolution. Licensee's obligations under this Section 11 will survive the
expiration or termination of this License.
11.2. Licensee's Indemnification for Personnel Injuries
Licensee acknowledges that (1) the City has delegated to Licensee control over the
License Area; and (2) the City is not a co-employer of any employee of Licensee or any
employee of Licensee's Agents, and the City shall not be liable for any Claim by
Licensee's or its Agent's employee(s). Licensee agrees to fully indemnify, defend and
hold the City harmless in the same manner as provided in Section 11.1 (Licensee's
General Indemnification Obligations) against any Claim by any employee of Licensee or
its Agents that arises in connection with Licensee's or its Agents' access, uses or other
activities on or about the License Area.
11.3. Licensee's Defense of the City
In the event that any action or proceeding is brought against any Indemnified Party in
connection with any Claim, the City will use good faith efforts to send prompt written notice
to Licensee. At the time Licensee receives such written notice, Licensee shall, at
Licensee's sole cost and expense, resist and defend such action or proceeding with legal
counsel acceptable to the City. Licensee may not admit any liability or enter into any
compromise or settlement agreement on any Indemnified Party's behalf without the City's
prior written consent. The City's legal counsel will be permitted to cooperate with Licensee
and its legal counsel and to participate in any action or proceeding brought against any
Indemnified Party in connection with any Claim.
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 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
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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
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 discovers facts about (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 any Environmental Costs, which shall bear interest
at the statutory rate then in effect from the date the City expends any such funds.
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 damages for decrease in value of the Property or
License Area, any loss or restriction on the use of usable space on the Property or the
License Area and sums paid to settle any Claims, which include without limitation
attorneys' fees, consultants' fees, experts' fees and related 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's or its Agents' gross negligence or willful misconduct. Licensee's Indemnification
obligation includes costs incurred in connection with any activities required to investigate
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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). Licensee specifically
acknowledges and agrees that it has an immediate and independent obligation to defend
the City and the other Indemnified Parties from any Claim that actually or potentially falls
within this Indemnification provision even if the allegations that support the Claim are or
may be groundless, fraudulent or false, and which obligation arises at the time such Claim
is tendered to Licensee by the Indemnified Party and continues until the Claim is finally
resolved. 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
and restoration obligations in connection with any Release and associated Environmental
Costs that results from or occurs in connection with 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
Licensee shall procure and keep in effect at all times during the Term, at Licensee's cost,
insurance in the following amounts and coverages: (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.
13.1.1. Required Endorsements
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Commercial General Liability Insurance and Commercial Automotive Liability Insurance
policies must contain the following endorsements: (1) name the City, its officers, agents,
employees and volunteers as additional insureds; (2) 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; (3) that such insurance applied
separately to each insured against whom a Claim is made or brought; (4) 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 (5) that such policies shall afford
coverage for all Claims based on acts, omissions, injury or damage that occurred or arose
(or the onset occurred or arose) in whole or in part during the policy period.
All insurance policies required to be maintained by Licensee under this License shall be
endorsed to provide written notice of cancellation for any reason, including without
limitation intent not to renew or reduce coverage to both Licensee and the City. In the
event that Licensee receives a notice of intent to cancel or notice of cancellation for any
coverage required under this License, Licensee shall forward such notice to the City
within one business day and promptly take action to prevent cancellation, reinstate
cancelled coverage or obtain coverage from a different insurer qualified under Section
13.1.4 (Insurer Qualifications).
13.1.2. Claims-Made Policies
In the event that any required insurance under this License is provided under a claims-
made form, Licensee shall continuously maintain such coverage throughout the Term
and, without lapse, for three years after this License expires or terminates, to the effect
that such Claims will be covered under Licensee's claims-made policies should any event
during the Term give rise to a Claim brought after this License expires or terminates.
13.1.3. General Aggregate Limit
The general aggregate limit for any required insurance under this License must be double
the per-occurrence or Claims limits specified in Section 13.1 (Licensee's Insurance
Obligations) when coverage includes a general annual aggregate limit or provides that
Claims investigation or legal defense costs will be included in such general annual
aggregate limit.
13.1.4. Insurer Qualifications
Licensee's insurance providers must be licensed to do business in California and must
meet or exceed an A.M. Best's Key Rating A-X or its equivalent.
13.1.5. Certificates; Effective Dates
Within 10 business days after the Effective Date, Licensee shall deliver to the City all
insurance certificates and additional insured endorsements from Licensee's insurance
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providers in a form satisfactory to the City that evidences all the required coverages under
this License, together with complete copies of all policies. In addition, Licensee shall
promptly deliver to the City all certificates and policies after Licensee receives a request
from the City. The City shall not authorize Licensee to access or perform any work on the
License Area until and unless all insurance coverages required to be carried by Licensee
under this License have been obtained. Licensee shall ensure that all insurance
coverages required to be carried by Licensee under this License remain in effect at all
time until all Equipment has been removed from the License Area. The requirements in
this Section 13.1 .5 shall survive the expiration or termination of this License.
13.1.6. Self-Insurance
Licensee shall not be permitted to meet its insurance obligations under this License
through self-insurance without prior written consent from the City, which the City may
withhold in its sole discretion for any or no reason. In the event that the City consents to
allow Licensee to self-insure as an alternative insurance program, such consent will not
be deemed an amendment or implied waiver to any other requirement in this License.
Any amendment to any insurance requirement must be in a written agreement.
13.2. Contractors' Bonds Insurance
Licensee shall require its contractors that install, maintain, repair, replace or otherwise
perform any work on or about the License Area: (1) to provide bonds to guarantee the
performance of the work and the payment of subcontractors and suppliers for any
installation of Equipment, and (2) to have and maintain insurance of the same coverage
and amounts as required of Licensee.
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. Assignment
Licensee may assign this License at any time without the City's consent (i) to any of
Licensee's partners or parent firms; (ii) to Licensee's successors-in-interest; (iii) in
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connection with the sale, exchange, or other transfer of Licensee's FCC authorization for
the geographic market area in which the License Area is located or substantially all of
Licensee's assets in the geographic market area where the License Area is located; or
(iv) in connection with any financing, loan, security interest, pledge, or mortgage of
Licensee's property. Any other assignment or any sublicense shall require the City's prior
written approval, which approval the City shall not unreasonably withhold, delay or
condition. Any assignment that violates this Section 14.1 shall be deemed void and
without any legal effect whatsoever, and the City shall have the right (but not the
obligation) to terminate this License upon written notice to Licensee. This Section 14.1
shall not preclude Licensee's right to enter into a standard roaming agreement allowing
subscribers of other wireless carriers to use the Equipment specifically constructed for
Licensee's use.
14.2. Sublicense (Collocation}
Licensee may sublicense or in any other manner allow a third party to occupy or use
antenna space on its Equipment; provided, however, any third party must first obtain a
separate license from the City, which the City may, in its sole discretion, deny for any or
no reason. Any act that violates this Section 14.2 shall be deemed void and without any
legal effect whatsoever, and the City shall have the right (but not the obligation) to
terminate this License upon written notice to Licensee.
14.3. Continuing Obligation
No assignment or sublicense, even with the City's consent, will relieve Licensee of its
obligation to pay the License Fee and to perform all other obligations to be performed by
License under this License. The acceptance of any payment due under this License by
the City from any other person or entity will not be deemed to be a waiver by the City of
any provision of this License or be construed to be consent to any assignment or
sublicense.
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
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
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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
Licensee expressly acknowledges and agrees that the License Fee or any other sums
payable to the City under this License do not take into account any potential liabilities for
consequential or incidental damages. The City would not willingly enter this License
without a complete waiver of liability, to the fullest extent permitted by Law, for
consequential or incidental damages due to the City's or its Agents' acts or omissions,
and Licensee expressly assumes the risk with respect thereto. Accordingly, without
limiting Licensee'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 for consequential and/or incidental
damages that arise from or in connection with this License, which includes without
limitation any lost profits from disruption to Equipment, any interference with uses or
activities conducted by Licensee under this License, from any cause whatsoever, and
whether due to the City's or its Agents' active or passive negligence or willful misconduct
or not, and covenants not to sue for such damages the City, and the City's other
departments, and all City 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:
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(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;
16.2. Early Termination Fee
In the event that Licensee elects to terminate this License pursuant to Section 16.1 (4)
(Grounds for Termination), Licensee shall include with its termination notice a lump sum
payable to the City equal to the then-current License Fee multiplied by either 12 or the
number of months remaining on the Term (whichever is less) (the "ETF"). Licensee will
not be obligated to pay any ETF if Licensee terminates this License prior to the
Commencement Date pursuant to Section 16.1 (1 ), (2) or (3) (Grounds for Termination).
17. REMOVAL AND RESTORATION
Licensee shall remove all Equipment at its sole expense upon the expiration or
termination of this License, including but not limited to facilities used to house Equipment
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.
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. Notwithstanding any other provision hereof, Licensee shall not remove
all or any part of Licensee's golf course improvements enumerated in Section 5.8 above,
or any fixtures or equipment which cannot be removed without material damage to the
Property.
18. CONDEMNATION
18.1. Permanent Takings
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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
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.
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
Any taking that affects any License Area in whole or in part for less than 90 days will have
no effect on this License, except that Licensee will be entitled to a pro-rata abatement in
the License Fee to the extent that such temporary taking materially impairs Licensee's
use of the License Area. 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 such damage or destruction occurs.
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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 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:
TO CITY:
TO LICENSEE:
with a copy to:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: Curtis M. Jackson
Telephone: 760-434-2836
Email: curtis.jackson@carlsbadca.gov
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site#: NS0023; Cell Site Name: The
Crossings(CA)
Fixed Asset #: 10546469
575 Morosgo Drive NE
Atlanta, GA 30324
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department-Network Operations
Re: Cell Site#: NS0023; Cell Site Name: The
Crossings(CA)
Fixed Asset#: 10546459
208 S. Akard Street
Dallas, TX 75202-4206
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.
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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
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. SECURITY DEPOSIT
22.1. Amount
At the time Licensee tenders to the City the first License Fee due under this License,
Licensee must also tender to the City for deposit a sum equal to Five Thousand Five
Hundred and 00/100 Dollars ($5,5000.00) (the "Security Deposit") to secure Licensee's
faithful performance of all terms, covenants and conditions in this License. In the event
that the City applies or uses the Security Deposit in whole or in part to cure any default
by Licensee under this License, Licensee shall replenish the Security Deposit in the
amount and on the date specified in a written notice to Licensee. The City may, in the
City's reasonable judgment, require Licensee to increase the Security Deposit amount
from time-to-time when the City determines that Licensee's past acts or omissions in
connection with the License Area warrants additional security.
22.2. Application or Use
Licensee agrees that the City may use the Security Deposit in whole or in part to remedy
any damage to the License Area caused by Licensee, its Agents or Invitees or any failure
by Licensee to perform any term, covenant or condition in this License (including without
limitation any failure to pay any License Fee or other sums due under this License either
before or after any default). In the event that the City uses the Security Deposit in whole
or in part, the City will not be deemed to have waived any rights under this License, or
legal or equitable rights whatsoever. Licensee expressly waives any rights it may have
under California Civil Code § 1950. 7 or any similar Law and agrees that the City may
retain from the Security Deposit any portion reasonably necessary to compensate the
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City for any foreseeable or unforeseeable loss or damage caused by Licensee's, its
Agents' or lnvitee's acts or omissions.
The City's obligations with respect to the Security Deposit shall be in the nature of a
debtor, and the City shall not be deemed to hold the Security Deposit in trust for any
reason. The City may (but shall not be obligated to) keep the Security Deposit separate
from general funds. Licensee shall not be entitled to any interest on the Security Deposit.
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,
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partnership, employment or agency relationship between the City and
Licensee.
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
page 33 I 34
April 24, 2018 Item #2 Page 42 of 92
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.
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
prevailing party in any final or non-appealable decision on the merits that arises from or
in connection with this License may be entitled to its reasonable attorneys' fees and costs,
which includes without limitation reasonable witness, expert and consultant fees, at the
Court's sole discretion. With respect to any provision in this License that provides for
payment of attorneys' fees, such fees will be deemed to include reasonable fees incurred
through any applicable appeal process and will include, but not be limited to, fees
attributable to legal services provided by any in-house counsel and staff to the prevailing
or indemnified party. For purposes in this License, all services rendered by all attorneys
and their staff will be valued at the average rates for independent counsel prevailing in
the County of San Diego, California.
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"). The claims
presentation provisions in the Government Claims Act are hereby modified such that all
claims to be presented to the City will be irrevocably waived if not made within six (6)
months after Licensee discovers the facts that either give rise to the claim or would prompt
an investigation that, with reasonable diligence, would lead Licensee to facts that would
give rise to the claim. 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.
page 34 / 34
April 24, 2018 Item #2 Page 43 of 92
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.
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 and indemnification obligations 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 12.1.5 (Certificates; Effective Dates), Section 16 (Removal and
Restoration), Section 17 (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.
page 35 I 34
April 24, 2018 Item #2 Page 44 of 92
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 36 I 34
April 24, 2018 Item #2 Page 45 of 92
IN WITNESS WHEREOF, the parties have executed this License on the Effective Date
first written above:
LICENSOR:
City of Carlsbad
By:~
Its: Y'1f1:iov f {O 1-e VV)
Date: 5/ 1 {( ~
APPROVED AS TO FORM:
Celia Brewer
City Attorney
Date: c;;, J, /[ <3 ---+ • ..a..-+-/ ------=------
APPROVED BY CITY COUNCIL
RESOLUTION NO. 2.0\ €,-t;,s-3
ATTEST:
By:
Barbara
City Cler
Date: 6 / I 11 B ---'----+, ---'---f, ............ ...__ ___ _
LICENSEE:
New Cingular Wireless PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By:
Its:
[END OF SIGNATURES-EXHIBITS BEGIN ON NEXT PAGE]
page 37 / 34
April 24, 2018 Item #2 Page 46 of 92
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOTS 1, 2 AND 7 OF CITY OF CARLSBAD CT 09-03, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP N0.15902,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
MARCH 4, 2013.
ASSESSOR PARCEL NUMBER: 212-270-01, 212-270-02, & 212-270-07
LEASE AREA: 465 SQUARE FEET
38
April 24, 2018 Item #2 Page 47 of 92
EXHIBIT B
SITE PLAN
FOR THE LICENSE AREA
(see site plan attached behind this cover)
39
April 24, 2018 Item #2 Page 48 of 92
EXHIBIT C
APPROVED PLANS FOR EQUIPMENT AND OTHER IMPROVEMENTS
(see site plans and drawings attached behind this cover)
40
April 24, 2018 Item #2 Page 51 of 92
DRAWING INDEX (CONSTRUCTION) I REV. ~~,!~ APPROVAL DATE SIGNATURE
P.M.
101 Tl1LE SHEEl O
T02 ABBREVIATIONS, SfTE LEGENDS. SfTE DEVELOPMENT NOlES, GENERAL NOTES & STATEMENT Of SPECIAL INSPECTION O
TOJ GENERAL SIGNAGE GUIDELINES AND COAX MARKING GUIDE O
T04 MATERIAL SAFETY DATA SHEET, LEAD ACID BATIERY O
A01 SITE PLAN 0
A02 ENLARGED SITE Pl.AN
ADJ EQUIPMENT & ANTENNA LAYOUT PLANS
A04 ELEVATIONS
A05 ELEVATIONS
001 ANTENNA AND RRU CONFIGURATION AND SPECIFICATIONS
002 DETAILS
003 DETAILS
004 DETAILS
005 GENERATOR SPECIFICATIONS
006 GENERATOR SPECIFICATIONS
501 STRUCTURAL NOTES
S02 FOUNDATION PLAN
503 ELEVATION AND SECTION
504 DETAILS
£01 ELECTRICAL AND GROUNDING NOTES, ABBREVIATIONS AND SYMBOLS
E02 UTILITY PLAN
[OJ SINGLE LINE DIAGRAM, PANEL SCHEDULE AND ELECTRICAL NOTES
[04 ANTENNA & EQUIPMENT GROUNDING PLANS & GROUNDING NOTES AND GROUND BAR DETAIL
EDS ELECTRICAL DETAILS
LS-1
LS-2
LS-3
LS-4
LS-5
STORM WATER POLLUTION PREVENTIDN PLAN (SWPPP) TITLE SHEET
STORM WATER PDLLUTION PREVENTIDN PLAN (SWPPP)
TOPOGRAPHIC SURVEY
TOPOGRAPHIC SURVEY
TOPOGRAPHIC SURVEY
TOPOGRAPHIC SURVEY
TOPOGRAPHIC SURVEY
TOWER DRAWINGS
SCI-T1 TITLE SHEET
SCI-S1 ELEVATION VIEW & NOTES
SCI-S2 DETAILS
SCI-S3 FOUNDATION
35 SHEETS TOTAL
CODE COMPLIANCE
L 2016 CALIFORNIA ADMINISTRATIVE CODE (CAC)
2. 2016 CALIFORNIA BUILDING CODE (CBC); VOLUi.tES 1 & 2
3. 2015 CALIFORNIA ELECTRICAL CODE
4. 2015 CALIFORNIA MECHANICAL CODE (CMC} 5. 2015 CALIFORNIA ENERGY CODE
6. 2016 CALIFORNIA FIRE CODE {CFC) 7. 2016 CALIFORNIA GREEN CODE
8.2016CALIFORNIAREFERENC[SSTANOAR0SCODE
•• NOTE: ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT
EDITIONS OF THESE CODES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT
CONFORMING TO THESE CODES.
:;~~-at&:+ "-,~----~I.
·-~~ Mobllty-San~
73J7TAAOESTREET,JEAST,ROOM3ll64 SANOIEGO,C'.92121_.202
)ePratti lv
C.M.
S.A.C.
R.F.
ZONING
SITE NUMBER: NS0023
SITE NAME: THE CROSSINGS
DIRECTIONS
FROM AT&T SAN DIEGO OFFICE
7337TRAOESTSANDIEGO,CA92121
1. DEPART TRADE ST TOWARD CAMINO SANTA FE 2 TURN LEFT ONTO CAMINO SANTA FE
3. TURN RIGHT ONTO MIRAMAR RD
4. TAKE RAMP RIGHT AND FOLLOW SIGNS FOR 1-805 NORTH
5. AT EXIT 33A, TAKE RAMP RIGHT AND FOLLOW SIGNS POR LOCAL BYPASS 5. TAKE RAMP LEFT AND FOLLOW SIGNS FOR 1-5 NORTH
7. AT EXIT 47, TAKE RAMP RIGHT AND FOLLOW SIGNS FOR PALOMAR AlRPORT ROAD
8. TURN RIGHT ONTO PALOMAR AIRPORT RO/ CR-512 E 9. TURNLEFTONTOTHECROSSINGDR
DESTINATION Will BE ON THE RIGHT
'°4s('0 Dq
'}
I~ ·~
l\to,p'('
2-'"(,. .e,
·~ 'b 1% '" )~
VICINITY MAP
PALOMAR AIRPORT /RO
I
5
~
'"' LOCATION
\
•j
&a
~ " \ "1
THE CROSSINGS
NS0023
DCI PACIFIC
5800 THE CROSSINGS DRIVE
CARLSBAD, CA 92008
AfEfCWORKS
AncttJn"CTURE I ENGIN~El!ING I C:ONilllllNG
31 EXK=:r~~li:!Jn" 1 ID
10
al g
8
I
I
®
DEVELOPMENT SUMMARY
PROJECT SCOPE OF WORK:
THIS PROJECT ENTAILS THE INSTALLATION Of:
1. NEW 26'-8"x40'-o" CMU BUILDING FOR 'AT&T' EQUIPMENT CABINETS AND PARK'S STORAGE FACILITY
2. NEW SHEO ROOF A1 EXISTING BUILDING
J. (1) 35'H MONOPINE
4. (16) PANEL ANTENNAS AND (32) RRU's ON NEW MONOPINE 5. (6) DC SURGE SUPPRESSORS AT ANTENNA LEVEL 6. (4) WCS FILTERS A1 ANTENNA LEVEL
7. (2) GPS ANTENNAS AT EQUIPMENT AREA
B. (2) 15' TALL TREES (ALDERS) SHALL BE PLANTED ON THE NORTHEASTERLY SIDE OF THE EXISTING
MAIN1ENANCE BUILDING AT HOLE NO. 18 9 NEW JOKW DIESEL GENERATOR
BOXED BELOW IS A UST OF OEVELOPl.lENl REGULATION
DEVlATIONS, AND THE REQUIRED P(RMITS/APPROVAl.S.
N/AlfLEf"TBLANK:
I I
EXISTING WCFs ON SAME PROPERTY:
vt:RIZON WIRELESS
BUILDING CODE INFORMATION:
PROPOSED STRUCTURE:
OCCUPANCY"-5-2
CONSTRUCTION TYPE• V-8
SPRINKLERSYSHM= N/A
PROJECT TEAM:
CONSTRUCllON:
PHONE:
SfTEACOUISITION·
PHONE: PLANNING
PHONE:
ARCHITECT:
PHONE:
Tll-lHENION
(50J)5l9-B591
Tll.1HENION
(503) 519-8591 Tllr,IHENION
(503)519-8591
0.K.00,RA
(949)475-1000
PROPERTY INFORMATION:
~ ALLTHATCERTAlNREALPROPERTYSITUAlEOINTH[COUNTYOF
SAN DIEGO, STATE OF CALlfORNlA, DESCRIBED AS fOLLOWS:
LOTSl,2AND7DfCITYDfCARlSBAOCT09-0J,INTHECITY OfCAALSB.1.0,COUNTYOfSANDIEGO,STATEOFCALIFDRNlA,
ACCORDINGTDIMPN0.15902,RECORDEOIN1HEOfflCEOf"THE
COUN1YRECOROER0fSA10COUNTYONW.RCH4,2013.
-'SSESSORPARCELNUMBER;
LEASE AREA:
OWNER:
OWNER: CITY Of" CARLSB.I.D PARKS DEPARTMENT
212-270-01. 212-270-02 & 212-270-07
456SO.FT.
ADDRESS: 1200CARLS~OVILLAGEORIVE CARLSBAD.CA92008
PHONE:
FAX·
E-MAIL·
ZONING INFORMATION:
JURISOICTION: C!TYOFCARLSBA.O
ZONING DESIGNA110N:
EXISTING ZONING NO.:
LATITUDE· J3'07'39.SO"N
LONGrTUOE: 1\7' 18' 08.97" W
TOPOF(E)STRUCTURE: 227.6FECTAGL
Bo\SE OF {E) SlRUCTURE: 192.6 FEET {A.1.1.S.L)
I SHmNU"-!Ell I!
D M/16/17 CENERATOR&:lOW(RSPECS,-OOEO
A OB/16/17 ISSUEOl"ORCOREVlEW,,_NOCOw.lENTS
REVISIONS
SCAL[ "5SHOWN l oES1GNEO I CRAWN
TN BOK DKO
TN BOK OKO
B'f CHK P'Oj
TITLE SHEET
a
T01 I;
I
April 24, 2018 Item #2 Page 52 of 92
ABBREVIATIONS
.1::!QIE.;. NOT ALL ABBREVIATIONS ARE USED ON THESE DRAWINGS
APPROX APPROXIMATE
ABV. ABOVE
AL ALUMINUM
ASPH. ASPHALT
AWG AMERICAN WIRE GAUGE
BCW BARE COPPER WIRE
BTS BASE TRANSMISSION STATION
CAB. CABINET
CONC. CONCRETE
CONT. CONTINUOUS
"' DIAMETER owe. DRAWING
EGB EQUIPMENT GROUND BAR
EA EACH
ELECT. ELECTRICAL
EL ELEVATION
EMT ELECTRICAL METALLIC TUBING
EQ. EQUAL
EQUIP. EQUIPMENT
GA GAUGE
CALV. GALVANIZED
GEN GENERATOR
GRND GROUND
IGR INTERIOR GROUND RING (HALO)
IMC INTERMEDIATE METALLIC CONDUIT
MAX. MAXIMUM
MECH. MECHANICAL
MFR. MANUFACTURER
MGB MASTER GROUND BAR
MIN. MINIMUM
NTS NOT TO SCALE
QC ON CENTER
OPP OPPOSITE
PCS PERSONAL COMMUNICATION SYSTEM
PVC POLWINYL CONDUIT
RGS RIGID GALVANIZED STEEL
SF. SQUARE FOOT
SH SHEET
SIM. SIMILAR
55 STAINLESS STEEL
TYP. TYPICAL
U.N.O. UNLESS NOTED OTHERWISE
VIF VERIFY IN FIELD
WWF WELDED WIRE FABRIC
SYMBOLS AND MATERIAL
@ DETAIL REFERENCE
&---1 SECTIONS AND DETAILS
~CONCRETE
~ EARTH
~GRAVEL/STONE
~
8
®
D
~
GROUND ROD WITH ACCESS
CHEMICAL GROUND ROD
GROUND ROD
DISCONNECT SWITCH
METER
~ ~~" ~~~· '•=---"' at&t
Moblll~-S•nC[f,go
7J37TRAOESTREET.JEAST.ROOM3684 SANCIEGO, CA~2121-4202
SITE LEGENDS
------PROPERTY LINE
-x-x-x-FENCE LINE
--E --POWER SERVICE
--, --TELEPHONE SERVICE
--El' --POWER/TEL SERVICES
--00----PROPOSED CONTOUR
--so--EXISTING CONTOUR
--A--COAX CABLE
CIRCUIT BREAKER
• CADWELD TYPE CONNECTION
•
-G-
a--.,-
QD--
COMPRESSION TYPE CONNECTION
GROUNDING WIRE
REPRESENTS DETAIL NUMBER
REF. ORAWING NUMBER
-)ePratti Inc.
SITE DEVELOPMENT NOTES
1. THE ARCHITECT/ENGINEER AND REPRESENTATIVES OF THE LESSEE AND OWNER, MUST BE NOTIFIED AT LEAST TWO FULL
OAYS PRIOR TO COMMENCEMENT Of CONSTRUCTION.
2. 00 NOT EXCAVATE OR DISTURB SOILS BEYOND THE PROPERTY LINES OR LEASE LINES, UNLESS SPECIFICALLY INSTRUCTED,
IN WRITING, BY THE ARCHiTECT/ENGINEER AND LESSEE.
3. DO NOT SCALE BUILDING DIMENSIONS FROM DRAWINGS.
4. ANY DRAIN AND/OR FIELD TILE ENCOUNTERED DURING CONSTRUCTION SHALL BE RETURNED TO ITS ORIGINAL CONDITION PRIOR TO COMPLETION OF WORK. SIZE, LOCATION AND TYPE OF ANY UNDERGROUND UTIUTIES OR IMPROVEMENTS SHALL BE ACCURATELY NOTED ANO PLACED ON AS-CONSTRUCTED DRAWINGS BY GENERAL CONTRACTOR AND ISSUED TO
ARCHITECT/ENGINEER AT COMPLETION OF PROJECT.
5. ALL EXISTING UTILITIES, FACILITIES, CONDITIONS, AND THEIR DIMENSIONS SHOWN ON PLANS HAVE BEEN PLOTIED FROM
AVAILABLE RECORDS. THE ARCHl1EC1/ENGINEER, LESSEE, AND OWNER ASSUME NO RESPONSIBILITY WHATSOEVER AS TO THE SUFFICIENCY OR ACCURACY OF THE INFORMATION SHOWN ON THE PLANS OR THE MANNER OF THEIR REMOVAL OR
ADJUSTMENT. CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING EXACT LOCATION Of ALL EXISTING UllUTl[S ANO
FACILITIES PRIOR TO START OF CONSTRUCTION. CONTRACTOR SHALL ALSO OBTAIN FROM EACH UTILITY COMPANY DETAILED INFORMATION RElAH\IE TO WORKING SCHEDULES AND METHODS OF REMOVING OR ADJUSTING EXISTING UTILITIES.
6. CONTRACTORSHALLVERIFYALLEXISTINGUTILITIESBOTHHORIZONTALLYANDVERTICALLYPRIORTOSTARTOF CONSTRUCTION. A~ DISCREPANCIES OR DOUBTS AS TO THE INTERPRETATION Of PlANS SHOULD BE IMMEOIAT[LY REPORTED
TO THE ARCHITECT/ENGINEER FOR RESOLUTION ANO INSTRUCTION, AND NO FURTHER WORK SHALL BE PERFORMED UNTIL
THE DISCREPANCY IS CHECKED ANO CORRECTED BY THE ARCHITECT/ENGINEER. FAILURE TO SECURE SUCH INSTRUCTION
MEANS CONTRACTOR WILL HAVE WORKED AT HIS/HER OWN RISK AND EXPENSE. CONTRACTOR SHALL CALL LOCAL DIGGER
HOT LINE FOR UTIUlY LOCATIONS 48 HOURS PRIOR TO START OF CONSTRUCTION.
7. ALL NEW ANO EXISTING UTILITY STRUCTURES ON SITE ANO IN AREAS TO 8[ DISTURBED BY CONSTRUCTION SHALL BE ADJUSTED TO FINISH ELEVATIONS PRIOR TO FINAL INSPECTION OF WORK.
8 THE BUILDING DEPARTMENT ISSUING THE BUILDING PERMIT SWILL BE NOTIFIED AT LEAST TWO WORKING DAYS PRIOR TO THE COMMENCEMENT OF WORK OR AS STIPUlATEO BY THE CODE ENFORCEMENT OFFICIAL HAVING JURISDICTION.
9. GRADING OF THE SITE WORK AREA IS TO BE SMOOTH AND CONTINUOUS IN SLOPE ANO IS TO FEATHER INTO EXISTING
GRADES AT THE GRADING LIMITS.
10. ALL TEMPORARY EXCAVATIONS FOR THE INSTALLATION Of FOUNDATIONS, UllLITIES, ETC., SHALL BE PROPERLY LAID BACK OR
BRACED IN ACCORDANCE WITH CORRECT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REQUIREMENTS.
11. STRUCTURAL FILLS SUPPORTING PAVEMENTS SHALL BE COMPACTED TO 100:>; OF MAXIMUM STANDARD PROCTOR DRY
DENSITY.
12. NEW GRADES NOT IN BUILDING ANO DRIVEWAY IMPROVEMENT AREA TO BE ACHIEVED BY FILLING WITH APPROVED CLEAN FILL AND C0~1PACTED TO 95:>; OF STANDARD PROCTOR DENSITY.
13 ALL FILL SHALL BE PlACED IN UNIFORM LIFTS. EACH LIFT'S THICKNESS SHOULD NOT EXCEED THAT WHICH CAN BE
PROPERLY COMPACTED THROUGHOUT ITS ENTIRE DEPTH WITH THE EQUIPMENT AVAllABLE.
14. A~FILLSPlACEDON EXISTINGSLOPESTHATARESTEEPERTHAN 10 HORIZONTAL TO 1 VERTICAL SHALL BE PROPERLY BENCHED INTO THEEXISTINGSLOPE"5DIRECTEOBYAGEOTECHNICAlENGINEER.
15. THE GRADES WITHIN FENCED AREAS ARE TO BE ACHIEVED BY COMPACTING CLEAN fill TO A DENSITY Of 90ll: OF
STANDARD PROCTOR COVERING THE AREA WITH GEO-TECH CLOTH {18" MIN. OVERLAP AT ALL SEAMS) fOR WEED
SUPPRESSION, THEN ACHIEVING FINISH GRADE BY ADDING S" or J/4'' CRUSHED STONE, NO FINES.
16. CONTRACTOR SHALL CLEAN ENTIRE SITE AFTER CONSTRUCTION SUCH THAT NO PAPERS, TRASH. WEEDS, BRUSH OR ANY OTHER DEPOSITS WILL REMAIN. ALL MATERIALS COLLECTED DURING CLEANING OPERATIONS SHALL BE DISPOSED OF OFF-SITE
BY THE GENERAL CONTRACTOR.
17. ALL TREES AND SHRUBS WHICH ARE NOT IN DIRECT CONFLICT WITH THE IMPROVEMENTS SHALL BE TRIMMED K3 REQUIRED ANO PROTECTED IN PlACE BY THE GENERAL CONTRACTOR.
18. DRIVEWAY CONSTRUCllQN, GRADING ANO DRAINAGE WORK SHALL CONFORM TO CALIFORNIA DEPARTMENT Of TRANSPORTATION
""STANDARD SPECIFICATION FOR ROAD ANO BRIDGE CONSTRUCTION'". lAT[ST EDlllONS, ANO All APPLICABLE PROVISIONS Of LOCAL COUNT'!' ORDINANCES.
19. IT SHALL BE lH[ RESPONSIBILITY OF TH[ GENERAL CONTRACTOR TO OBTAIN. READ, ANO FOLLOW THE GEO-TECHNICAL
REPORT FOR EACH PROJECT SITE. ALL PRO\IISIONS WITHIN SAID REPORT SHALL BE ACCOMMODATED BY THE GENERAL
CONTRACTOR AND ALL SUBCONTRACTORS. CONTINUOUS ONSITE SUPERVISION BY THE GEO-TECHNICAL/SOILS ENGINEER
SHALL BE ARRANGED FOR BY TI,£ CONTRACTOR PRIOR TO THE START Of ANY EXCAVATION ANO/OR GRADING OPERATIONS.
IT SHALL BE THE RESPONSIBILll'!' Of THE CONTRACTOR TO NOTIN THE GEO-TECHNICAL/SOILS ENGINEER PRIOR TO THE START OF CONSTRUCTION. THE CONTRACTOR SHALL OBTAIN WRITIEN APPROVAL FROM THE SUPERVISING GEO-lECHNICAL
ENGINEER PRIOR TO PROCEEDING WITH PLACEMENT OF ANY FORMS AND/OR MATERIALS.
20. IT SHALL BE THE RESPONSIBILm' OF THE GENERAL CONTRACTOR TO PROVIDE ANO INSTALL ALL REQUIRED SIGNS FOR THIS PROJECT. TI,[ CONTRACTOR SHALL OBTAIN WRITIEN INSTRUCTIONS FROM THE CONSTRUCTION MANAGER "5 TO THE EXACT
MATERIAL, SIZE, WORDING, AND LOCATION FOR All SIGNS. SIGNS THAT MAY BE REQUIRED INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: 11. 7~24 ACCESS SIGN. b.SITEENTRYSIGN.
c. ANTENNA STRUCTURE COMPLIANCE SIGN. d.NEPARFEXPOSURESIGN(S).
~-ANY ADDITIONAL SIGNS AS REQUIRED BY CARRIER AND/OR GOVERNMENTAL AGENCIES
THE CROSSINGS
NS0023
5800 THE CROSSINGS DRIVE
CARLSBAD, CA 92008
DCI PACIFIC
AIEICWORKS
AnCH11;2~:iJ.r~i~~~~R:~.lri~:uL11NG
IRVINflCA92•14
GENERAL NOTES
1. DESIGNCRITERIA:
DESIGNCOOE:2016CALIFORNIABUILDINGCODE(CBC)
S.=1.109 SDC'='D S. = 0.427 WIND SPEED -110 M.P.H.
fo"" 1.056 WIND EXPOSURE -C F, = 1.57
2. All MATERIALS AND WORK PERFORMED SHALL CONFORM WITH THE REQUIREMENTS or THE COO[ ANO GOVERNING
BUILDING ORDINANCES
3. NOTES ANO DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE OVER THESE GENERAL NOlES.
4. WHERE A SECTION OR TYPICAL DETAIL IS SHOWN FOR ONE CONDITION, IT SHALL APPLY FOR ALL LIKE OR
SIMILAR CONDITIONS UNLESS OTHERWISE NOlEO.
5. NO CHANGES ARE 10 BE MADE TO THESE PLANS WITHOUT THE KNOWLEDGE AND WRITTEN CONSENl OF THIS
ENGINEER. UNAUTHORIZED CHANGES RENDER THESE DRAWINGS VOID.
6. Mf"i REFERENCE TO THE WORDS APPROVED, DR APPROVAL IN THESE DOCUMENTS SHALL BE HERE DEFINED TO
MEAN GENERAL ACCEPTANCE OR REVIEW ANO SHALL NOT RELIEVE THE CONTRACTOR AND/OR HIS
SUB-CONTRACTORS OF ANY LIABILITY IN FURNISHING TH[ REQUIRED MATERIALS or lABOR SPECIFIED.
7 TH[ CONTRACT DRAWINGS ANO SPECIFICATIONS REPRESENT THE FINISHED STRUCTURE AND DO NOT INDICATE lHE METHOD or CONSTRUCTION. THE CONlRACTOR SHALL SUPERVISE AND DIRECT THE WORK AND SHALL BE SOLELY R[SPONSIBL[ fOR CONSTRUCTION MEANS, M[THODS, TECHNIQUES. SEQUENCES, ANO PROCEDURES INCLUDING, BUT NOT LIMITED TO, BRACING ANO SHORING. OBSERVATION VISITS 10 THE SITE BY FIELD REPR[S[NTAllV[S OF THEARCHITECTOFENGINEERSHALLNOT INCLUDE INSPECTIONSOfTHEPROTECTIV[t.1£1\SUR[SORlHE
CONSTRUCTION PROCEDURES.
B. GENERAL CONTRACTOR SHALL VISIT THE JOB SITE AND VERIF'I' All GRADES, DIMENSIONS, AND CONDrTIONS PRIOR
TO BIDDING AND COMMENCING CONSTRUCTION. ALL DIMENSIONS CONTROLLED BY EKISTING CONDITIONS SHALL BE VERIFIEDBYTHECONTRACTORATTHESITE.
9 IT SHALL BE THE RESPONSIBILITY Of THE CONTRACTOR TO LOCATE ALL EXISTING UTILITIES WHETHER SHOWN HEREON OR NOT, AND TO PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR All EXPENSE OF REPAIR OR REPLACEMENT IN CONJUNCTION WITH THE EXECUllON OF THIS WORK.
10. GENERAL CONTRACTOR SHALL NOTIFY THE ENGINEER AND ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES FOUND WITHIN THE CONTRACT DOCUMENTS. PRIOR TO SiARTING WORK.
STATEMENT OF SPECIAL INSPECTION:
POSJ-INSTA!IEP ANCHOR·
1. INSPECT ANO VERIFY TO COMPLY W/ ICC LISTING AS SHOWN ON OCTAIL
INSPECTION NOTES:
1. THIS SECTION APPLIES TO THE STRUCTURAL PORTIONS OF THE PROJECT REQUIRING SPECIAL INSPECTION. THE SPECIAL INSPECTOR'S DUTIES ARE
AS DESCRIBED IN CBC 1701.1 AND CBC 1704.4. COPIES OF TESl
RESULTS AND FINAL REPORTS SHALL BE FURNISHED TO TH[ ENGINEER IN ADDITION TO OTHER NORMAL DISTRIBUTIONS WITHIN ON[ WEEK OF
THE TEST OR INSPECTION.
2. All TESl ANO INSPECTIONS SHALL BE PERFORMED BY AN INDEPENDENT
TESTING ANO INSPECTION AGENCY EMPLOYED BY THE OWNER OR THE ENGINEER OR THE ARCHITECT AND NOT THE CONTRACTOR PER CBC SECTION 106.3.5. JOB SITE VISITS BY THE STRUCTURAL ENGINEER DO NOT CONSTITUTE A SPEC/AL INSPECllON. (NOTE: FOUNDATIONS INSPECTIONS (IF ANY) SHALL BE PROVIDED BY THE GEOTECHNICAL ENGINEER).
J. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING THE TEST ANO INSPECTION FIRM WITH A SCHEDULE TO FACILITATE THE PROPER
COORDINATION OF WORK.
4. APPROVED FABRICATORS: (MUST SUBMIT CERTIFICATE OF COMPLIANCE) FOR ALL OFFSITE FABRICATION SUCH AS STRUCTURAL STEEL. GLU-LAMS, PRECAST CONCRETE, ETC.
5. NOTICE TO THE CONTRACTOR/BUILDER/INSTALLER/SUB-CONTRACTOR/OWNER-BUILDER: BY
USING THIS PERMITTED CONSTRUCTION DRAWINGS FOR CONSTRUCTION/INSTALlATION Of THE WORK SPECIFIED HEREIN, YOU ACKNOWLEDGE ANO AR[ AWARE Of. THE REQUIREMENTS
CONTAINED IN THE STAiEMENT Of SPECIAL INSPECTIONS. YOU AGREE TO COMPLY WITH THE REOUIREMENTSOFTHECALIFORNIACONSTRUCTIONCODESFORSP[CIAL INSPECTIONS, SlRUCTURAL OBSERVATIONS, CONSiRUCTION MATERIAL TESTING AND OFF-SITE FABRICATION Of
BUILDING COMPONENTS, CONTAINED IN THE STATEMENT OF SPECIAL INSPECTIONS
6. THE SPECIAL INSPECTOR MUST BE CERTIFIED BY THE JURISDICTION. IN THE CATEGORY OF WORK REQUIRED TO HAVE SPECLAL INSPECTION
7. THE CONSTRUCTION MATERIALS TESTING LABORATORY MUST BE APPROVEO BY THE CITY,
DEVELOPMENT SERVICES. FOR TESTING OF !MTERIALS, SYSTEMS, COMPONENTS ANO, EQUIPMENT
B. THESPECIALINSPECTIONS IDENTIFIEDONPl).NSAR[.INA001TIONTO,ANONOTASUBSTITU1E
FOR, THOSE INSPECTIONS REQUIRED TO BE PERFORMED BY A CITY"S BUILDING INSPECTOR
ABBREVIATIONS, SITE l!GENOS,: 1-,+-~~1,~,1~.,+-,~rn~,,.-,,-,-.~,,~"-RS~PE~cs-.,,,=co---+-,_+ao-,+-,--IKD SITE DEVELOPMENT NOTES,
>. oa/1s/11 issuEo roR co REVIEW ,1,1-10 cmrnENTS TN BOK DKD GENERAL NOTES & STATEMENT
"""'"" '" '"' ,.,. OF SPECIAL INSPECTION SCALE /oSSHOWN DESIGNED DRAWN
T02
April 24, 2018 Item #2 Page 53 of 92
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NS0023
58DD THE CROSSINGS DRIVE
CARLSBAD, CA 920DB
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HAZMAT CALCULATION
Batlel)': GNB Marathon 12MV155FT
Number of Strings I 21
Modules per S~9_I 4
Tota! Modules I 8
Unpacked Weight per Module! 119llbs
Material I Pounds
Lead 74% (a-.g) per MSDS 1 74%
Total Lead J 704
Material J Gals
Electrolyte per Module (17% by wt.) 2.5
Total Electrolyle 20.2
DCI PACIFIC
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FIRE DEPARTMENT NOTES·
A. f"IRE DEPARTMENT f"INAL INSPECTION REQUIRED. SCHEDULE INSPECTION (2) DAYS IN ADVANCE.
8. A CFC PERMIT TO OPERATE BATIERY SYSTEMS WITH STATIONARY LEAD-ACID
BATERIES IS NOT REQUIRED FOR THE QUANTITIES ON SITE.
c. A CFC PERMIT MAY BE REQUIRED FOR THE HAZARDOUS MATERIALS ON SITE .
D. A HAZARDOUS MATERIALS IDENTIFICATION SIGN IS REQUIRED FOR ALL ENTRANCES
INTO BATIERY STORAGE AREAS. LETIERS MUST BE AT LEAST 1" IN HEIGHT AND IN
CLDR WHICH CONTRASTS TD THE BACKGROUND OF THE SIGN ANO LIST THE FOLLOWING:
I CORROSIVE LIQUID I WATER REACTJVE 1 LIQUID
TOXIC LIQUID
E. AN APPROVED METHOD TO NEUTRALIZE SPILLED ELECTROLYTE SHALL
BE PROVIDED IN THE 8ATIERY ROOM .
F. BATIERIES SHALL BE PROVIDED WITH SAFETY VENTING CAPS
G. LOCATIONS ANO CLASSIFICATIONS OF EXTINGUISHERS SHALL BE IN
ACCORDANCE WITH THE 2016 CFC SECTION 568 (TABLE 2 & .3) AND LOCAL FIRE DEPARTMENT REQUIREMENTS; PLACDl!ENT IS SUBJECT TO APPROVAL FROM THE FIRE INSPECTOR
H. STORAGE, DISPENSING OR USE OF ANY FLAl,0,1ABLE AND
COMBUSTIBLE LIQUIDS, FLAMMABLE AND COMPRESSED GASES, AND OTHER HAZARDOUS MATERIALS SHALL COMPLY WITH CA FIRE CODE
REGULATIONS.
1. EXISTING ODORS SHALL BE ABLE TO OPEN FROM THE INSIDE WITHOUT THE USE OF KEY OR ANY SPECIAL KNOWLEDGE OR
EFFORT.
J. ADDRESS NUMBERS SHALL BE A MINIMUM 8" HIGH AND PLAINLY VISIBLE FROM ROADWAY BUILDING IS ADDRESSED ON.
AIE[C WORKS 1-c+~cc+-~~~~---+-+-+---1 MATERIAL SAFETY DATA
SHEET. T04 AR(~z~M::;~~~~:N:Ai~~LnN<l LEAD ACID BATTERY.
IRVINEIC/1.92614
April 24, 2018 Item #2 Page 55 of 92
I RAYCAP WT• 55 LBSI
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W.NUFACTURER:
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lENGTH (INCHES):
WIDTH {INCHES):
OEPTH(INCHES);
WEIGHT (LBS):
WIDTH
COMMSCOPE
WCS-IMfO-AMT
11.2
10.6
6.9
34.5
n
[
~
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17
WIDTH
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§
RRU MODEL RRUs-11 ·
DIMENSIONS INC. SUN SHIELD I 17.8" x 17.3" x 7.2n
DIMENSIONS EXCL. SUN SHIELD I 15.9" x 16.3" x 5.8n
INPUT VOLTAGE I -48VDC OR AC (INDOOR)
FUSE SIZE 13 -32A (RECOMMENOEO 25A)
BAND 12 FREQUENCY LOWER 700 MHz
BAND 12 WEIGHT I 50 LBS
BAND 4 FREQUENCY I AWS, 17/2100 MHz
BAND 4 l',[tGHT I 44 LBS
MIN. CLEARANCE ABOVE I 16"
MIN. CLEARANCE BELOW ,.
MIN. CLEARANCE SIDE o·
REMOTE RADIO UNIT (RRU-11) SPECS
WIDTH
c:==::J i
RRU MODEL I RRUS-32
DIMENSIONS INC. SUN SHIElO I 27.2'' x 12.1" x 7.0"
DIMENSIONS EXQ. SUN SHIELO 1 -
INPUT VOLTAGE -48VOC
FUSE SIZE 13 -32A (RECOMMENDED 25A)
WCS A+B BLOCKS (TX) 2350 -2360 MHz
WCS A+B BLOCKS (RX) 2305 -2315 MHz
WEIGHT 60 LBS
MlN. CLEARANCE: ABOVE 15•
MIN. CLEARANCE BELOW I 8"
M!N. CLEARANCE SIOE o"
WCS QUAD FILTER SPECS J s J REMOTE RADIO UNIT (RRU-32) SPECS
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)ePratti IV 1 THE CROSSINGS
NS0023
5800 THE CROSSINGS DRIVE
CARLSBAD, CA 9200B
] 5
ANTENNA SECTOR 11 ANTENNA
AZJMIJTH MODEL
COWMSCO?ESBNtlH·lDGSB
COMMSCOPESBNHH•lDGSD
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COMMSCOPE SBNHH·lDGSB
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April 24, 2018 Item #2 Page 61 of 92
GENERAL STRUCTURAL NOTES
GENERAL
1. CONDITIONS AT THE JOB SITE, ANO SHALL BE RESPONSIBLE FOR
CONDITIONS OF ALL WORK ANO MATERIALS INCLUDING THOSE
FURNISHED BY SUB-CONTRACTORS. STRUCTURAL ENGINEER OF RECORD SHALL BE NOTIFlEO IMMEDIATELY OF ANY DISCREPANCIES.
2. ALL MATERIALS AND WORKMANSHIP SHALL BE PERFORMED IN ACCORDANCE WITH 2016 CALIFORNIA BUILDING CODE.
3. ALL DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALE SHOWN
ON PLANS, SECTIONS AND DETAILS.
4. NOTES ANO DETAILS ON THE ORA'MNGS SHALL TAKE PRECEDENCE OVER GENERAL NOTES ANO TYPICAL DETAILS.
5. 'M-IERE NO DETAILS SHOWN OR NOTED ON THE DRAWINGS, THE
DETAILS SHALL BE THE SAME AS FOR OTHER SIMILAR WORK.
6. OPENINGS, POCKETS, SLEEVES, ETC., SHALL NOT BE PLACED IN
SLABS, BEAMS, WALLS, COLUMNS AND FOOTINGS UNLESS SPEOFlCALLY DETAILED ON TI-IE STRUCTURAL ORA'MNGS.
7. CONSTRUCTION MATERIALS SHALL BE SPREAD OUT IF PLACED ON FRAMED FLOORS OR ROOF. LOADS SHALL NOT EXCEED DESIGN
LIVE LOADS f'OR EACH PARTICULAR LEVEL. PROVIDE ADEOUATE SHORING AND BRACING IF LOAD EXCEED DESIGN LIVE LOAD OR WHERE STRUCTURE HAS NOT ATTAINED DESIGN STRENGTH.
8. THIS SET OF' DRAWlNGS REPRESENT THE FINISHED STRUCTURE,
METHOD OF CONSTRUCTION NOT NECESSARY INDICATED. THE
CONTRACTOR SHALL PROVIDE ALL MEASURES NECESSARY TO PROTECT THE STRUCTURE, WORKERS ANO OTHER PERSONS CURING CONSTRUCTION. SUCH MEASURES SHALL INCLUDE BUT
NOT BE LIMITED TO BRACING, SHORING, SCAffOLOINC, ETC.
STRUCTURAL DESIGN CRITERIA
WIND DESIGN DATA:
BASIC WINO SPEED . 110 MPH
IMPORTANCE FACTOR I . . 1
'MND EXPOSURE . C
EARTHQUAKE DESIGN DATA:
IMPORTANCE FACTOR I ............................... 1
Ss .. . 1.109 . ~-~s . ~~1 so, . 0.427
SEISMIC DESIGN CATEGORY . 0
REINFORCING STEEL
1. ALL REINFORCING BARS SHALL BE ASTM A-615 GRADE 60
DEf'ORMED BILLET STEEL BARS.
2. GRADE 60 BARS SHALL BE MARKED SO lTS IOENTIFICA TION CAN BE
MADE WHEN THE FINAL IN PLACE INSPECTION IS MADE.
3. REINFORCING STEEL AT THE TIME OF THE CONCRETE IS PLACED
SHALL BE FREE FROM MUD, OIL, OR OTHER NON METALLIC COATINGS lHAT ADVERSELY AFFECT BONDING CAPACITY.
4. BAR SUPPORTS SHALL CONFORM TO THE BAR SUPPORT
SPECIFICATIONS CONTAINED IN THE "MANUAL OF STANDARD PRACTICE" BY ACL
5. A CERTIFIED COPY OF MILL TEST ON EACH HEAT OF REINFORCING
STEEL DEU'v£REO SHOY!1NG PHYSICAL AND CHEMICAL ANALYSIS SHALL BE PROVIDED UPON REQUEST AT THE TIME OF SHIPMENT.
6. ALL REQUIREMENT OF CONCRETE REINFORCEMENT NOT COVERED ON
THE DRA'MNGS SHALL BE 1N ACCORDANCE WITH ACI "MANUAL Of
STANDARD PRACTICE".
7. BARS SHALL BE SECURELY TIED TO PREVENT DISPLACEMENT DURING
THE CONCRETE OPERATION AND ALL DOWELS SHALL BE 'MREO IN PLACE BEFORE DEPOSITING CONCRETE.
8. REINFORCING BARS SHALL CONFORM ACCURATELY TO THE DIMENSIONS
SHO'MII ON THE ORA'MNGS WITH THE FABRICATING TOLERANCES PER
ACI ~MANUAL OF STANDARD PRACTICE."
9. RElNFORONG BARS SHALL NOT BE BENT OR STRAIGHTENED IN A
MANNER THAT 'MLL INJURE THE MATERIAL.
STRUCTURAL NOTES
CONCRETE
,.
J.
4.
5.
6.
7.
ALL CONCRETE SHALL BE NORMAL WEIGHT CONFORMING TO THE FOLLD'MNG:
LOCATION
A. SLAB ON GRADE
28-0AY MIN. MAXIMUM COMPRESSIVE AGGREGATE STRENGTH SlZE {IN.}
2500 psi•
8. FOOTING 2500 psi'
• W/5.25 SACKS CEMENT (MIN.)
MIX DESIGN SLUMP
{INCHES)
3 (4~ MAX)
4 (5~ MAX)
• WHERE SULFATE EXPOSURE LEVEL IS SEVERE USE 4500 psi
'MTl-1 W/C RATIO OF 0.45 (MAX)
W/5.5 SACKS CEMENT {MIN.} FOR 4500 PSI
ALL SAW CUTS IN SLAB ON GRADE SHALL BE MADE NOT LATER THAN 24 HOURS AFTER PLACING CONCRETE.
PORTLAND CEMENT SHALL CONFORM TO ASTM C-150, filE.....Y CEMENT.
AGGREGATE SHALL CONFORM TO ASTM C-33.
WATER SHALL BE CLEAN, FREE FROM DELETERIOUS AMOUNTS OF ACIDS, ALKALIS OR ORGANIC MATERIALS, OILS, SALTS AS PER ACI 318.
CONCRETE MIXING OPERAllONS, ETC. SHALL CONF'ORM TO ASTM C-94. WATER-CEMENT RATIO IS LESS Tl-tAN 0.50
UNLESS SHOWN OR NOTED OTHERWISE, CONCRETE COVERAGE FOR
REINFORCING BAR TO FACE OF BAR SHALL BE AS FOLLOWS:s•
A. CONCRETE IN CONTACT WllH EARlH, UNFORMED 2'"
B. CONCRETE IN CONTACT WITH EARlH, FORMED 1.5"
C. WALLS 1.5" D. BEAMS, GIRDERS & COLUMNS (TO TIES OR STIRRUPS)
8. CONCRETE SHALL BE CURED IN ACCORDANCE WITH SECT 1905.11
OF 2010 C.B.C.
9. CONSTRUCTION JOINTS:
THE SURFACES OF ALL CONSTRUCTION JOINTS SHALL BE QEAN, FREE FROM LOOSE DEBRIS. IMMEOlA TEL Y BEFORE NEW CONCRETE IS PLACED. ALL CONSTRUCTION JOINTS SHALL BE YIETTEO ANO
STANDING WATER REMOVED.
10. REMOVAL CF CONCRETE FORMS AND SHORES SHALL BE IN
ACCORDANCE 'MTH SECTION 1906.2 Of 2016 C.8.C.
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CONCRETE MASONRY
1. CONCRETE MASONRY UNITS SHALL BE GRADE "N" TYPE ll, ANO MEDIUM
WEIGHT. CONFORMING TO ASTM C-90.
2. MASONRY SHALL HAVE A MININUM COMPRESSIVE STRENGTH. f'm OF
1500 PSI, OR AS NOTE OTHER'MSE ON MASONRY WALL ELEVAllONS.
J. GROUT SHALL BE COMPOSED Of THE FOlLO'MNG RATIO BY VOLUME:
I-PART PORTLAND CEMENT, 3-PARTS SANO, 2-PARTS PEA GRAVEL ANO
SUFflOENT WATER FOR POURING 'MTH SEGREGATION OF CROUT
CONSTITUENTS MINIMUM COMPRESSI\'£ STRENGTH F'g AT 28 DAYS SHALL BE:
f'm (PSI) I F'g (GROUT) PSI
1500 2000
2000 I 2eoo
2500 I 3750
3000 I 4aoo
4. ALTERNATE GROUT MIX DESIGNS SHALL SE SUBMITTED TO THE ENGINEER FOR
APPROVAL SUBMITTALS SHALL INCLUDE LABORATORY TEST RESULTS VERIFING
COMPRESSIVE S1RENGTH REQUIREMENTS.
5. MORTAR SHALL BE TYPE "M", CONFORMING TO ASTM C270. MORTAR
STRENGTH SHALL BE 25!': FREATER THAN THE REQUIRED GROUT STRENGTH.
6. ALL CELLS IN WALLS SHALL BE SOLID GROUTED UNLESS NOTED OTHERWISE.
7. WHEN GROUTING IS STOPPED FOR ONE HOUR OR LONGER, HORIZONTAL
CONSTRUCTION JOINTS SHALL BE F'ORMEO BY STOPPING THE GROUT
POUR 1 1 /2~ BELOW TOP OF THE UPPERMOST UNIT.
a. ALL BONO BEAM BLOCK SHALL BE "'DEEP cur UNITS.
9. PROVIDE INSPECTION ANO CLEANOUTS FOR All GROUT LIFTS IN EXCESS OF
5'-0" IN HEIGHT. WHERE REQUIRED, CLEANOUTS SHALL BE PRO'v1DED IN
BOTTOM COURSE AT EVERY VERTICAL BAR BUT SHALL NOT BE SPACED MORE
THAN 32"' ON CENTER f'OR SOLIDLY GROUTED MASONRY. 'M-IEN CLEANOUTS
STRUCTURAL STEEL
1. ALL MATERIALS ANO WORKMANSHIP SHALL BE IN ACCORDANCE 'MTH lHE LATEST RE'v'ISEO EDITION OF THE AISC MANUAL OF STEEL CONSTRUCTION,
WHICH INCLUDES THE SPECIFICATION FOR STRUCTURAL STEEL BUILDlNGS, THE CODE OF STANDARD PRACllCE ANO THE AWS STRUCTURAL WELDING
CODE. IDENTIFY ANO MARK STEEL PER CBC 2203 &: 2203A.
2. STRUCTURAL STEEL SHOP ORA'MNGS SHALL BE REVIEWED BY THE
ENGINEER/ARCHITECT PRIOR TO FABRICATION.
3. AFTER ERECTION JS COMPLETED, TOUCH-UP All SHOP PRIMING COATS
DAMAGED DURING TRANSPORTATION ANO ERECTION.
4. NO HOlES OTHER THAN THOSE SPEOFICALLY DETAILED SHALL BE ALLOWED
THRU STRUCTURAL STEEL MEMBERS. BOLT HOLES SHALL CONFORM TO AISC SPECIFICATION, ANO SHALL BE STANDARD HOLES UNLESS OTHER'MSE NOTED.
NO CUTTING OR BURNING Of STRUCTURAL StrEL 'MLL BE PERMITTED
WITHOUT PRIOR CONSENT Of THIS ENGINEER.
5. WELDING: CONFORM TO AWS 01 1. Y1£LOERS SHALL BE CERTIFTEO IN ACCORDANCE
WITH WABO REOUlREMENTS. USE E70 ELECTROOES OF TYPE REQUIRED fOR MATERIALS TO BE WELDED.
6. ALL WELDING SHALL CONFORM TO lHE SPECIFICATIONS OF THE AMERICAN
WELDING SOCIETY ANO SHALL BE PERFORMED BY CERTIFIED WELDERS USING
E70XX ELECTRODES{U.N.O.) ANO THE ELECTRIC ARC PROCESS.
WELD LENGTHS CALLEO FOR ON THE PLANS ARE THE NET EFFECTIVE
LENGTH REQUIRED.
WHERE FILLET WELD SYMBOL IS GIVEN Yw1THOUT INDICATION OF S!ZE, USE MINIMUM SIZE WELDS AS SPEClflED IN AISC MANUAL OF STEEL
CONSTRUCTION, SECTION J.2.4, CHAPTER 22 OF THE 2016 CBC.
7. BOLTING:
ASTM A307 BOLTS SHALL BE INSTALL£0 "SNUG TIGHr PER AISC. SECTION
RCSC 8{C)
8. F"ABRICATION: CONFORM TO AISC SPECIFICATION SEC M2 "fABRICATION"
ANO AISC CODE SEC 6 "FABRICATION ANO DELIVERY"
GALVANIZING: ALL EXPOSED STEEL OUTSIDE Tl-IE BUILDING EN'v£LOPE SHALL BE HOT-DIPPED GALVANIZED. APPLY FTELO TOUCH-UPS PER
SPECIFICATIONS. PER ASTM A\53.
REQUIRED, THEY SHALL BE SEALED Af"TER INSPECTION, BEfORE GROUllNG. I 9. MATERIALS AS FOLLOW, O.U.N.
10-.ALL ISOLATED BOLTS EMBEDDED IN MASONRY SHALL BE GROUTED SOLIDLY
IN PLACE 'MTH NOT LESS THAN 2" OF GROUT SURROUNDING lHE BOLT.
11. CONCRETE MASONRY UNITS SHALL NOT BE WETTED UNLESS SPEOFICALLY
APPROVED.
12. PROVIDE A MINIMUM OF 1/2" GROUT BET'I-IEEN MAIN REINFORCING BARS
AND MASONRY UNITS.
SPACING Of I QNGITI/PINAI RflNFQRCfMfNT
THE CLEAR DISTANCE BETVrrEN PARALLEL BARS, EXCEPT IN
COLUMNS, SHALL BE NOT LESS THAN THE NOMINAL DIAMETER
Of THE BARS OR 1 INCH. EXCEPT THAT BARS IN A SPLICE
MAY BE IN CONTACT. THIS CLEAR DISTANCE REQUIREMENT
APPLIES TO THE CLEAR DISTANCE BETYIEEN A CONTACT
SPLICE ANO ADJACENT SPLICES OR BARS. THE MINIMUM
CLEAR DISTANCE BETWEEN PARALLEL BARS IN COLUMNS
SHALL BE TWO ANO ONE-HALF T!MES THE BAR OIAMElER.
13. MAXIMUM GROUT POUR HEIGHT F"OR LOW LIFT CONSTRUCTION SHALL BE
SIX FEET.
DCI PACIFIC
BARS & PLATES:
BOLTS:
C-, M-, ANO ANGLE SHAPES:
HSS TUBE
OTKER STRUCTURAL SHAPES:
WELDING ELECTRODES:
W -SHAPES:
AIEIC WORKS 0 D9/16/17 GENERATOR ,t TOWE~ SPECS ADDED HI BOK OKO
AAOUT'ECTIIIIE I !NCilNEUIHG I COHSUUWCi IZEXl.'CUTIV!~ARKIWITEIIO ltVIN£JCAUll4
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RE\llSIONS
SCM.E ASSttOWN )OUilGN(D
TN SOK OKO
8l' CH~ >J>P'
)DAAWN
ASTM A36
PER PLAN
ASTM A36
ASTM ASOO GR B
ASTM A36
E70XX
ASTM A992, GRADE 50
11
STRUCTURAL NOTES S01
April 24, 2018 Item #2 Page 67 of 92
ABBREVIATIONS AND LEGENDS
AMP(S)
AF AMP FUSE
AFF ABOVE FINISHED FLOOR
AIC "AMPERES INTERRUPTING CAPACITY"
AS AMP SWITCH
ASCC AVAILABLE SHORT CIRCUIT CURRENT
C. "CONDUIT", WITH CONDUCTORS AS REQUIRED BY DRAWINGS OR SPECIFICATIONS
c.O. "CONDUIT ONLY" PROVIDE PULL ROPE FOR ALL EMPTY CONDUIT AS
REQUIRED.
ELEV ELEVATION
EMT ELECTRICAL METALLIC TUBING CONDUIT
KW "KILOWATT"
KVA "KILOVOLT AMPERES"
MCC MOTOR CONTROL CENTER
0.C "ON CENTER"
POLE
PNL PANEL
RCS RIGID GALVANIZED STEEL CONDUIT
T TRANSFORMER
UNO UNLESS NOTED OTHERWISE
'VOLTS"
WIRE
WP WEATHERPROOF, NEMA 3R
PHASE OR DIAMETER
c:=::=:J ELECTRICAL EQUIPMENT SHOWN DASHED IS EXISTING.
-T-TELEPHONE CONDUIT WITH PULL LINE IN PLACE.
-E -ELECTRICAL CONDUIT WITH PULL LINE IN PLACE.
-A-COAXIAL CABLE/WAVEGUIDE CONDUIT WITH PULL LINE(S) IN PlACE.
_ G-#2 AWG, BARE, TINNED, SOLID, COPPER WIRE (UNLESS OTHERWISE
SPECIFIED).
-----3 CONDUIT STUBBED OUT ANO CAPPED, WITH PULL LINE IN PLACE
CROSS LINES ON CONDUIT RUNS INDICATE NUMBER OF i12CURRENT
I CARRYING CONDUCTORS CONTAINEOTHER[IN.1WOl12ANDONE #12
GROUND WIRE ARE INDICATED WHEN CROSS LINES ARE NOT SHOWN. NUMERALS ADJACENT TO CROSS LINES ON CONDUIT RUNS INDICATE SIZE
------ftlt--OF CONDUCTORS IN LIEU OF 112. ALL CONDUITS SHAU CONTAIN ONE
GROUND WIRE SIZED PER C.E.C. TABLE250-95, BUT NOT SMALLER THAN
=1813 #12.
CONDUIT HOME RUN TO PANELBOARO. LffiER AND NUMERALS INDICATE ) ELECTRICAL PANEL AND CIRCUIT NUMBER.
-t-ISOLATED GROUND WIRE. RUN IN ADDITION TO REGULAR GROUND WIRE.
RECESSED COMMUNICATION TERMINAL CABINET.
__c:s_ SURFACE MOUNTED COMMUNICATION TERMINAL CABINET.
@ JUNCTION BOX PEDESTAL TYPE FLOOR MOUNTED.
TELEPHONE TERMINAL BACKBOARD 'TIB". 3/4 INCH SANDED AND
PAINTED COX PL'IWOOD,
4' X B' UNLESS NOTED OTHERWISE.
(ill] GROUND FAULT PROTECTION DEVICE.
•
0
l2sJ
MECHANICAL CONNECTION.
EXOTHERMIC/CAOWELD CONNECTION
5/8"~ K 10'-0" COPPER, OR COPPER CLAD STEEL GROUND ROD AT 10'-0" 0.C. (MAX)
GROUND ROD INSPECTION WELL
r-CONNECTION TO GROUND, MINIMUM TWO {2} OF THE fOLLDWING: EARTH, ...1.. BUILDING, COLD WATER PIPING. VERIFY CONTINUITY FOR ALL GROUND
-:-SOURCES WITH A TOTAL RESISTANCE OF < 5 OHMS.
{J MANUAL TRANSFER SWITCH (MTS) OR DISCONNECT.
~ THERMAL OVERLOAD MOTOR STARTER SWITCH.
ELECTRICAL NOTES
1. THE SEISMIC BRACING AND ANCHORAGE OF ELECTRICAL CONDUITS ANO WIRE WAY SHALL BE IN ACCORDANCE WITH THE UNIFORM BUILDING CODE, CHAPTER
23 AND "GUIDELINE FOR SEISMIC RESTRAINTS OF MECHANICAL SYSTEMS ANO
PLUMBING PIPING SYSTEMS." PUBLISHED BY SMACNA AND PPIC, OR THE SUPERSTRUT-SEISMIC RESTRAINT, OR THE KIN-LINE SEISMIC RESTRAINT
SYSTEM.
2. ALL ELECTRICAL MATERIALS AND [OUIPMENT SHALL BE NEW ANO SHALL BE
LISTED BY UNDERWRIT[R"S LABORATORIES (UL) AND BEAR THEIR LABEL, OR
LISTED ANO CERTIFIED BY A NATIONALLY RECOGNIZED TESTING AUTHORITY WHERE UL DOES NOT HAVE A LISTING. CUSTOM MADE EQUIPMENT SHALL HAVE
COMPLETE TEST DATA SUBMITIED BY THE MANUFACTURER ATIESTING TO ITS SAFETY. IN ADDITION, THE MATERIALS, EQUIPMENT, AND INSTALLATION SHALL
COMPLY WrlH THE REQUIREMENTS OF THE FOLLOWING: AMERICAN SOCIETY OF
TESTING MATERIALS (ASTM) INSULATED POWER CABLE ENGINEERS ASSOCIATION (IPCEA) NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA) AMERICAN
STANDARD ASSOCIATION (ASA) FIRE PROTECTION AGENCY (NFPA) AMERICAN
NATIONAL STANDARD INSTITUTE (ANSI) CALIFORNIA ELECTRICAL COD[ (CEC) -
LATEST EDITION CALIFORNIA CODE OF REGULATIONS TITLE 24 (CCR) INSTITUTE
OF ELECTRICAL AND ELECTRONIC ENGINEERS (IEEE) ALL LOCAL CODES ANO
ORDINANCES OF AGENCIES HAVING JURISDICTJON. WHERE THE CODES HAVE DIFFERENT LEVELS OF REQUIREMENTS, THE MOST STRINGENT RULE SHALL APPLY.
3. THE CONTRACTOR SHALL VISIT THE SITE INCLUDING ALL AREAS INDICATED ON
THE DRAWINGS. HE SHAU THOROUGHLY FAMILIARIZE HIMSELF WITH THE EXISTING CONDITIONS AND BY SUBMITTING A 810, ACCEPTS THE CONDITIONS
UNDER WHICH HE SHALL BE REQUIRED TO PERFORM HIS WORK.
4. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN A COMPLETE SET
OF CONTRACT DOCUMENlS, ADDENDA. DRAWINGS AND SPECIFICATIONS. HE SHALL CHECK THE DRAWINGS OF THE OTHER "IRADES AND SHALL CAREFULLY
READ THE ENTIRE SPECIFICATIONS AND DETERMINE HIS RESPONSIBILJTIES. FAILURE TO 00 SO SHALL NOT RELEASE THE CONTRACTOR FROM DOING THE WORK IN COMPLETE ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS.
5. THE CONTRACTOR SHALL SECURE AND PAY FOR ALL PERMITS, FEES, CHARGES,
AND INCIDENTAL COSTS NECESSARY FOR EXECUTION AND COMPLETION OF ELECTRICAL WORK, INCLUDING ALL CHARGES BY STATE, COUNTY AND LOCAL GOVERNMENTAL AGENCIES.
6. THE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHER TRADES AT THE
SITE. Am COSTS TO INSTALL WORK TO ACCOMPLISH SAlD COORDINATION WHICH DIFFERS FROM THE WORK AS SHOWN ON THE DRAWINGS SHALL BE
INCURRED BY THE CONTRACTOR. ANY DISCREPANCIES, AMBIGUITIES OR CONFLICTS SHAU BE BROUGHT TO THE ATIENTION Of THE ARCHl1ECT DURING BID TIME FOR CLARIFICATION. ANY SUCH CONFLICTS NOT CLARIFIED PRIOR TO
BID SHALL BE SUBJECT TO THE INTERPRETATION OF THE ARCHITECT AT NO ADDITIONAL COST TO THE OWNER.
7. THE CONTRACTOR SHALL PROVIDE AND KEEP UP-TO-DATE A COMPLETE
RECORD SET OF DRAWINGS. UPON COMPLETION or THE WORK, A SET OF REPRODUCIBLE CONTRACT DRAWINGS SHALL BE OBTAINED FROM THE ARCHITECT, AND ALL CHANGES AS NOTED ON THE RECORD SET OF DRAWINGS
SHALL SE INCORPORATED THEREON WITH BLACK INK IN A NEAT, LEGIBLE, UNDERSTANDABLE AND PROFESSIONAL MANNER. FAILURE lO KEEP RECORD
DRAWINGS UP-TO-DATE SHALL CONSTITUTE CAUSE FOR WITHHOLDING OF PROGRESS PAYMENTS.
8. ALL INTERRUPTION OF ELECTRICAL POWER SHALL BE KEPT TO A MINIMUM.
HOWEVER, WHEN AN INTERRUPTION IS NECESSARY, THE SHUTDOWN MUST BE
COORDINATED WITH THE OWNER 14 DAYS PRIOR TO THE OUTAGE. ANY
OVERTIME PAY SHALL BE INCLUDED IN THE CONTRACTOR'S BID. WORK IN EXISTING SWITCHBOARDS OR PANELBOARDS SHALL BE COORDINATED WITH THE
OWNER PRIOR TO REMOVING ACCESS PANELS OR DOORS
9. SHOP DRAWINGS SHALL BE SUBMITIED FOR rm.is INDICATED ON PLANS. SHOP
DRAWINGS SHALL INCLUDE ALL OATA WITH CAPACrTIES, SIZES. DIMENSIONS,
CATALOG NUMBERS AND MANUFACTURER'S BROCHURES.
10. AnER ALL REQUIREMENTS OF THE SPECIFICATIONS AND/OR THE DRAWINGS
HAVE BEEN FULLY COMPLETED, REPRESENTATIVES OF THE OWNER WILL INSPECT THE WORK. THE CONTRACTOR SHALL PROVIDE COMPETENT PERSONNEL
TO DEMONSTRATE THE OPERATION OF ANY ITEM OR SYSTEM TO THE FULL SATISFACTION. FINAL ACCEPTANCE OF THE WORK WILL BE MADE BY THE
OWNER AnER RECEIPT or APPROVAL AND RECOMMENDATION OF ACCEPTANCE FROM EACH REPRESENTATr\lE.
11 THE CONTRACTOR SHALL FURNISH A ONE YEAR WRITTEN GUARANTEE OF MATERIALS AND WORKMANSHIP FROM THE OAT[ OF SUBSTANTIAL COMPLETION.
12. ALL EQUIPMENT MOUNTED ON ROOF FOR CONNECTION TO PCS EQUIPMENT SHALL BE MOUNTED ON UNISTRUT STANDS UTILIZING APPROVED PITCH POCKETS. FLASHING. ETC.
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13. ALL FINAL CONNECTIONS TO OWNER FURNISHED EQUIPMENT SHALL BE MAO[ BY THE CONTRACTOR,
14. COORDINATE WITH OTHER TRADES AS TO THE EXACT LOCATION OF THEIR RESPECTIVE EQUIPMENT. SUPPLY POWER ANO MAKE CONNECTION TO
EQUIPMENT REQUIRING ELECTRICAL CONNECTIONS. REVIEW THE DRAWINGS OF OTHER TRADES AND LOCATION OF EQUIPMENT.
15. EXACT METHOD AND LOCATION OF CONDUIT PENETRATION AND OPENINGS IN CONCRETE WALLS OR FLOORS OR STRUCTURAL STEEL MEMBERS SHALL BE AS
DIRECTED BY THE STRUCTURAL ENGINEER. PERFORM CORING, SAWCUTIING, PATCHING, ANO REFlNISHING OF EXISTING WALLS AND SURFACES WHEREVER IT
IS NECESSARY TO PENETRATE. OPENINGS SHALL BE SEALED IN AN APPROVED
METHOD TO MEET THE FIRE RATING OF THE PARTICULAR WALL. FLOOR OR CEILING. EXACT METHOD AND LOCATIONS OF CONDUIT PENETRATIONS ANO
OPENINGS IN CONCRETE WALLS OR FLOORS SHALL BE U.L. APPROVED. DO NOT CUT OR BREAK ANY EXISTING REINFORCING BARS IN EXISTING CONCRETE
OR MASONRY. IF IN DOUBT REGARDING LOCATION OF REINFORC!NG, THEN
CONTRACTOR, AT CONTRACTOR'S EXPENSE, SHALL UTILIZE X-RAY, ULTRA-SOUND. OR OTHER AVAILABLE TECHNOLOGY TO LOCATE EXISTING REINFORCEMENTS PRIOR TO DRILLING OR CORING OPERATIONS.
16. CONNECTIONS TO VIBRATING EQUIPMENT AND SEISMIC SEPARATIONS:
LIQUID-TIGHT FLEXIBLE STEEL CONDUIT IN ORY INTERIOR LOCATIONS. LIQUID-TIGHT FLEXIBLE STEEL CONDUIT IN AREAS EXPOSED TO WEATHER, DAMP
LOCATIONS, CONNECTIONS TO TRANSFORMER ENCLOSURES. ANO f"INAL CONNECTIONS TO MOTORS. PROVIDE A SEPARATE INSULATED EQUIPMENT
GROUNDING CONDUCTOR IN FLEXIBLE CONDUIT RUNS. MAXIMUM LENGTH
SHALL BE SIX FEET UNLESS OTHERWISE NOTED.
17. ROUTE EXPOSED CONDUIT ANO CONDUIT ABOVE ACCESSIBLE CEILING SPACES PARALLEL ANO PERPENDICULAR TO WALLS ANO ADJACENT PIPING. ARRANGE
CONDUIT TO MAINTAIN HEADROOM AND TO PRESENT A NEAT APPEARANCE.
18. THE CONTRACTOR SHALL BE RESPONSIBLE FOR All SAWCVTIING, TRENCHING, BACKFILLING, COMPACTION AND PATCHING OF CONCRETE ANO ASPHALT AS REQUIRED TO PERFORM HIS WORK. ATIENTION IS CALLED TO THE FACT THAT
THERE ARE EXISTING UNDERGROUND UTILITY LINES. THE CONTRACTOR SHALL USE EXTREME CAUTION WHEN TRENCHING fOR HIS WORK. THE CONTRACTOR
SHALL BE RESPONSIBLE FOR THE PROPER AND APPROVED REPAIR or Am AND ALL DAMAGES CAUSED BY HIM OR HIS WORK.
19. WHENEVER A DISCREPANCY IN QUANTITY OR SIZE OF CONDUIT, WIRE,
EQUIPMENT DEVICES, CIRCUIT BREAKERS. GROUND FAULT PROTECTION SYSTEMS,
ETC. {All MATERIALS), ARISES ON THE DRAWINGS OR SPECIFICATIONS, THE
CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND INSTALLING All MATERIAL AND SERVICES REQUIRED BY THE STRICTEST CONDITIONS NOTED ON
THE DRAWINGS OR IN THE SPECIFICATIONS TO ENSURE COMPLETE AND
OPERABLE SYSTEMS AS REQUIRED BY THE OWNER ANO ARCHITECT/ENGINEER.
20. UTILITY PENETRATIONS, OF ANY KIND, IN F!RE AND SMOKE PARTITIONS,
NON-RATED CEILINGS, ANO/OR NON-RATED WAUS, SHALL BE FIRESTOPPED
AND SEALED WITH AN APPROVED MATERIAL SECURELY INSTALLED.
21. STRAIGHT FEEDER, BRANCH CIRCUIT, AND CONDUIT RUNS SHALL BE PROVIDED
WITH SUFFICIENT PULL BOXES OR JUNCTION BOXES TO LIMIT THE MAXIMUM
LENGTH OF ANY SINGLE CABLE PULL TO 100 FEET. PULL BOXES SHALL BE SIZED PER CODE OR AS INDICATED ON DRAWINGS. LOCATIONS SHALL BE DETERMINED IN THE FIELD OR AS INDICATED ON THE DRAWINGS.
22. MAXIMUM NUMBER OF CONDUCTORS IN OUTLET OR JUNCTION BOXES SHALL CONFORM TO THE CALIFORNIA ELECTRICAL CODE, ARTICLE 370-6.
23. IDENTIFICATION NAMEPLATES SHALL BE MICARTA 1/8 INCH THICK AND OF APPROVED SIZE WITH BEVELED EDGES AND ENGRAVED WHITE LETIERS A
MINIMUM OF 1/4 INCH HIGH ON BLACK BACKGROUND. NAMEPLATES SHALL BE
PROVIDED FOR ALL CIRCUITS IN THE SERVICE DISTRIBUTION AND POWER DISTRIBUTION SWITCHBOARDS OR PANELBOARDS, DlSCONNECTING SWITCHES,
TRANSFORMERS, TERMINAL CABINETS, TELEPHONE CABINETS, ETC. ALL NAMEPLATES SHALL BE ATIACHED WITH SCREWS. PULL BOXES, JUNCTION BOXES, AND DEVICE BOXES SHALL BE MARKED WITH A PERMANENT MARKER.
24. THE EXACT LOCATION OF ALL ELECTRICAL DEVICES ANO EOUIPMENT SHALL BE
COORDINATED WITH THE DETAILS, OR SECTIONS PRIOR TO INSTALLATION.
25. DRAWINGS ARE DIAGRAMMATIC ONLY. ROUTING OF CONDUITS, RACEWAYS, CABLE
TRAYS, AND/OR LADDER RACKS SHALL BE AT THE DISCRETION OF THE CONTRACTOR UNLESS OTHERWISE NOTED AND SHALL BE COORDINATED WITH
01HER SECTIONS. DO NOT SCALE THE ELECTRICAL DRAWINGS FOR LOCATIONS OF ANY ELECTRICAL, ARCHITECTURAL, STRUCTURAL, CIVIL, OR MECHANICAL
ITEMS OR FEATURES .
26. SPECIAL RECEPTACLE FOR CONNECTION TO PORTABLE EMERGENCY GENERATOR
WHEN SPECIFIED SHALL BE 200 AMPERE. THREE-WIRE, THREE-POL[. REVERSE SERVICE. PIN AND SLEEVE TYPE Wl1H MOUNTING BOX. VERIFY TYPE OF
EMERGENCY GENERATOR CONNECTION WITH CONSTRUCTION MANAGER.
DCI PACIFIC
27. RIGID GALVANIZED STEEL CONDUIT SHALL BE FULL WEIGHT THREADED TYPE.
ELECTRICAL METALLIC TUBING (EMT) MAY BE USED IN WALLS OR CEILING
SPACES WHERE NOT SUBJECT TO MECHANICAL DAMAGE. PVC SCHEDULE 40 MAY BE INSTALLED BENEATH SLAB OR BELOW GRADE. FLEXIBLE STEEL
CONDUIT MAY BE USED AT OUTLET CONNECTIONS WITH NO RUNS LONGER
THAN SIX FEET. AN EQUIPMENT GROUNDING CONDUCTOR SHALL BE PROVIDED IN ALL CONDUITS.
28. RIGID GALVANIZED STEEL CONDUIT FITTINGS SHALL BE THREADED AND
THOROUGHLY GALVANIZED. ELECTRICAL METALLIC TUBING (EMT) CONDUIT FITTINGS SHALL BE STEEL, RAINTIGHT THREADLESS COMPRESSION TYPE. DIE
CAST. SET SCREW. OR INDENTER TYPES ARE NOT ACCEPTABLE. FLEXIBLE STEEL CONDUIT FITTINGS SHALL BE MALLEABLE IRON CLAMP. SQUEEZE TYPE
OR STEEL TWIST-IN TYPE WITH INSULATED THROAT. SET SCREW TYPE IS NOT ACCEPTABLE.
29. ALL CONDUCTORS SHALL BE COPPER 110 AWG MINIMUM SIZE, TYPE
THHN/THWN THERMOPLASTIC, 600 VOLT, 75 DEGREES CELSIUS WET AND 90 OEGREES CELSIUS ORY AND U.L. LISTED UNLESS NOTED OTHERWISE.
CONDUCTORS #10 AWG AND SMALLER SHALL BE SOLID. CONDUCTORS #B AWG AND LARGER SHALL BE STRANDED.
30. JUNCTION ANO PULL BOXES: FOR INTERIOR DRY LOCATIONS, BOXES SHALL BE GALVANIZED ONE-PIECE, DRAWN STEEL. KNOCKOUT TYPE WITH REMOVABLE
MACHINE SCREW SECURED COVERS. FOR OUTSIOE, DAMP, OR SURFACE LOCATIONS, BOXES SHALL BE HEA'fl' CAST ALUMINUM OR CAST IRON WITH
REMOVABLE, CASKETED, NON-FERROUS MACHINE SCREW SECURED COVERS. BOXES SHALL BE SIZED FOR THE NUMBER AND SIZES OF CONDUCTORS AND
CONDUIT ENTERING THE BOX ANO EQUIPPED WITH PLASTER EXTENSION RINGS
WHERE REQUIRED. BOXES SHALL BE LABELED TO INDICATE PANEL AND CIRCUIT NUMBER, OR TYPE OF SIGNAL OR COMMUNICATIONS SYSTEM.
31. ALL OUTDOOR ELECTRICAL DEVICES OR EQUIPMENT SHALL BE OF
WEATHERPROOF TYPE.
32. ALL CONNECTIONS TO GROUND SUSSES SHALL BE MADE W/CRIMP TYPE
COMPRESSION CONNECTORS (2 HOLE LUGS). BUSS SHALL BE DRILLED TO
ACCOMMODATE ALL CONNECTORS.
GROUNDING NOTES
1. ALL DETAILS ARE SHOWN IN GENERAL TERMS. ACTUAL GROUNDING INSTALLATION REQUIREMENTS AND CONSTRUCTION SHALL BE
PERFORMED ACCORDING TO SITE CONDITIONS.
2. ALL GROUNDING CONDUCTORS: f2 AWG, SOLID, BARE, TINNED,
COPPER WIRE UNLESS OTHERWISE NOTED.
3. GROUND BAR LOCATED ON EXTERIOR AND INTERIOR OF SHELTER
SHAU BE PROVIDED, FURNISHED, ANO INSTALLED BY THE SHELTER MANUFACTURER.
4. ALL BELOW GRADE CONNECTIONS SHALL BE EXOTHERMIC/CAOWELD
TYPE; ABOVE GRADE CONNECTIONS SHALL BE EXOTHERMIC/CAOWELD,
OR MECHANICAL (USE PROPER/BEST TYPE FOR EACH CONDITION).
5. GROUND RING (WHERE OCCURS) SHALL BE LOCATED A MINIMUM OF
24'" BELOW GRADE, OR 6'"(MINIMUM) BELOW THE FROST LINE.
6 INSTALL GROUND CONDUCTORS, AND GROUND RODS, MINIMUM OF 2' -0" FROM SHELTER CONCRETE SLAB, SPREAD FOOTING, OR FENCE.
7, ALL EXTERIOR AND/OR BELOW GRADE EXDTHERMIC/CADWELD GROUND CONNECTION SHALL BE TREATED WITH GALVANIZING COLO SPRAY.
8 ALL GROUNDING CONNECTIONS R[QUIREO TO COMPLETE THIS PROJECT,
WHETHER SHOWN HEREON OR NOT, SHALL BE MADE BY ELECTRICAL CONTRACTOR ACCORDING TO BEST flELO PRACTICE AND COMPLY WITH ALL NEC REQUIREMENTS AND RECOMMENDATIONS FOR LIFE SAFETY.
9. OBSERVE N.E.C. AND LOCAL UTILITY REOUIREMENTS FOR ELECTRICAL
SERVICE GROUNDING.
10. GROUNDING ATIACHMENT TO TOWER SHALL BE AS PER
MANUFACTURER•s RECOMMENDATIONS, OR AT GROUNDING POINTS
PROVIDED (2 MINIMUM).
AIEIC WORKS 0 0~/16/17 GUlERATOR It TOl'IER SPECS ADDED TN BOK OKO
ELECTRICAL AND
GROUNDING NOTES,
ABBREVIATIONS AND
SYMBOLS
A OS/16/17 ISSUEOFORCDREVIEWmDCOMMENTS TN BOK OKO AROIJTECTUREIENG!NEERINGICOmULTING llaE~~:r~~J:~rrE 1,0
SCALE -'SSHOWN loESIGNED l oFU.WN
E01
April 24, 2018 Item #2 Page 71 of 92
ELECTRICAL NOTES
ALL ELECTRICAL WORK SHALL SE PERFORMED IN ACCORDANCE WITH THE CEC 2013 AND ALL OTHER APPLICABLE LOCAL CODES
THE CONTRACTOR IS RESPONSIBLE FOR PROPERLY SEQUENCING GROUNDING AND UNDERGROUND CONDUIT INSTALLATION SO AS TO
PREVENT ANY LOSS Of CONTINUrn' IN THE GROUNDING SYSTEM OR DAMAGE TO THE CONDUIT.
ALL ELECTRICAL ITEMS SHALL BE U.L APPROVED OR LISTED.
CONDUCTORS SHALL BE INSTALLED IN GALVANIZED RIGID STEEL CONDUIT. SCHEDULE 40 PVC OR FLEXIBLE LIQUIOTIGHT CONDUIT AS INDICATED.
5. CONTRACTOR SHALL OBTAIN ALL PERMITS, PAY All PERMIT FEES AND SCHEDULE ALL REQUIRED INSPECTIONS.
CONTRACTOR SHALL OBTAIN LOCAL POWER AND TELCO COMPANY APPROVAL AND COORDINATE WITH UTILITY COMPANIES FOR SERVICE ENTRANCE REQUIREMENTS.
7. CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIAL DESCRIBED ON THIS DRAWING AND ALL 11EMS INCIDENTAL TO CDMPLEilNG AND PRESENTING THIS PROJECT AS FULLY OPERATIONAL
PROVIDE 2" SCHEDULE 40 PVC UNDERGROUND CONDUIT WITH PULL WIRE BETWEEN ELECTRICAL UTILITY DEMARCATION POINT AND KWH METER BASE IF APPLICABLE.
9. CONDUIT ROUTINGS ARE SCHEMATIC. CONTRACTOR SHALL INSTALL CONDUITS SO THAT ACCESS TO EQUIPMENT IS NOT BLOCKED.
10. SERVICE 10 EQUIPMENT CABINETS SHALL BE 120/240V, 200A, 1-PHASE, 3W.
GfN[RAJ LJTllrTYNQTFS·
1. UTIUll POINTS OF SERVICE AND WORK/MATERIALS SHOWN ARE BASED UPON INfORW.TION PROVIDED 8Y THE UTIUll COMPANIES AND ARE FOR BID PURPOSES ONLY.
2. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY FDR FIW.L AND EXACT WORK/WITERIALS REQUIREMENTS AND CONSTRUCT TO UTILIT'I' COMPANYENGINEERINGPlANSANDSPECIFICATIONSONLY. CONTRACTORSHALL fURNJSHANOINSTALLALLCONDUIT,PULLROPES,CABLES,PULL
BOXES, CONCRETE ENCASEMENT OF CONDUIT (If REQUIRED), TRANSFORMER PAD, !!ARRIERS, POLE RISERS. TRENCHING, BACKFILL, PAY ALL UTILITY COMP.-.NY fEES, AND INCLUDE ALL REQUIREMENTS IN SCOPE OF WQRK.
:S. SEE ffilE SHEET (Tl) FDR UTIUTY PROVIDERS FOR THIS PROJECT.
ELECTRI CAL NOTES
PANEL'A'SCHEDULE
INTERSECT MP1220030--3R.fl (OR APPROVe:> EQUAL) Lugs:
Phase
Volls:
AICRar,g
ioo A
' ,oa V
6S KAIC
SHEL:~~~:1~2
RS 1·2 )0 : :: NETSNUER1:~:-:.5~~;:E~E1!;ACLE
SHELFN~:~~~:l~2RS J-4 )0 : 15 BATTE::~~~;l~~~~;F~~~;'rEATER •""~
:2@--::-1= .. -.-r NETSURE 512 I ..,, I 9 I A I \0 I 20 I LIGHTII\G ~ SHELF2-RECTIFIERS!,.6 ~ SHELti~~:;:RS7-a ~ SHE-:F·~e_:~i~~S9-10
~ r··· · 1 SHEL~-~E~F~S 1H2
PHASE TOTAL:
~300 Bee ' 12360 TOTAL "' 2&660
DESIGNLOAO ~TINUOUSLOAD(125%r NOf.l.CONTNUOUS LOAD (100~)
TOTALLOAfl.
~
NOTES·
PANEL CAPAC!iY·
DESIGNL01'0. SPARECAPACrt'I':
~1.6 KVA
ll KVA
1.25 ,oo
M1'1N {COMMERCIAL) BREAKER IS SQUARED# QGl.22200 WHICH IS AA TEO 65 KAIC BRANCH BREAKERS SHALL BE SQUARE 01YPE 00 RAT::O 10 KA.IC. ALL BREAKERS PROVOEOBY GC.
PANEL SCHEDULE
~at&t
~Motilty-SonOlago
7337TRAOES1REET,3EAST,ROOM3664 SANOIEGO.CA92121-4202
)ePratti lv
2.48
ll,!1 157.2355T69 K\IA
A
THE CROSS INGS
NSD023
5800 THE CROSSINGS DRIVE
CARLSBAD, CA 92008
J2
(E) TRANSFORMER
{N) AT&T POWER P.o.c.
(TBD)
q,.--------PER UTILITY COMPANY STANDARDS,
APPROX. LENGTH = 900'
PENDING POWER UTILITYl
COORDINATION REPORT Gl=(N) METER/MAIN, 120/208V,
10, 3W 200A, LOCATION TO BE
FINALIZED BY SERVICE PROVIDER
DA
l AWG2 TO 5/8°11X10'L GROUND
ROD (ELECTRICAL SERVICE
GROUND)
¢--------2•c (3JH3/0 t (1)H4 (GRND.) THHN, cu. go·c, APPROX. LENGTH < 35'
{N) 150-200A AUTOMATIC
TRANSFER SWITCH (ATS),
120/240V,10.NEMA3R~
Vd = 0.507.
I .,,..--1-1/4"C (3)#2 t {1)#5 (GRND) V THHN, CU, 90'C (L <20',Vd <3:1:)
REMOTE START PINS,
PART Of ATS ASSEMBLY
1"C 2H5 THHN FOR REMOTE START, PART OF
CONTROLLER WIRE GENERATOR
:b----2"C (3)#3/0+(1)#~ (GRNO)
THHN, CU. 90'C (APPROX.
LENGTH "' 5', Vd <3") I
@ (N)30KWGENERATOR
LOCATED INSIDE LEASE AREA,
SEEARCH'L
(NJ !MIN )01scONNECT
SWITCH V~{~iR)}~t~~/HHHiT:~.R L
REFER TO
SCHEDULE =-{m~ 2P;ODA
~ }-REFER TO PANEL SCHEDULE
(N) PANEL 'A" AT EQUIPMENT AREA
GENfRAI LJTilrrY NOifS·
1. UTILITY POINTS OF SERVlCE AND WORK/IJATERIALS SHOWN ARE BASED UPON INFORMATION PROV1DED BY THE UTILITY COl.tPANIES AND AAE FOR BIO PURPOSES ONLY.
2. CONTRACTOR SHALL COORDINATE WITH UTILITY COIJPANY FOR FINAL AND EXACT WORK/MATERIALS REQUIREMENTS .ANO CONSTRUCT TO UTILITY
COl.tP/IM' ENGINEERING Pl.ANS ANO SPECIFICATIONS ONLY. COITTRACTOR SHALL Fl.JRNISH AND INSTALL All CONDUIT, PULL ROPES, CABLES, PULL BOXES, CONCRETE ENCASEMENT OF CONDUIT {IF REQUIRED), TRANSFORMER PMJ, SAARIERS, POLE RISERS, TRENCHING, BACKFILL, PAY
All UTILITY COMPANY FEES, ANO INCLUDE All REQUIREMENTS IN SCOPE OF WORK.
3. SEE TITLE SHEET (Tl) FOR UTIUTY PROVIDERS FOR THIS PROJECT.
ELECTRICAi SERYICENOTFS:
SERVICE POWER SHALL BE 200A, 120/208-HOV, 1,, 3W.
PROV1DE A MIN. 35" WORK CLEARANCE IN FRONT OF TflANSFORMER (WHERE OCCURS}, PANELS, ANO SERV1CE EO'JIPMENT. All BREAKERS IN THE PANB.. ARE TO BE RATED 10,000 RMS SYMMETRICAL AfdPS, 240V MAX, 75'C. All WIRING SHALL BE RATED FOR 75'C.
CONDUIT REQUIREMENTS {lYP., U.N.O.):
A. UNDERGROUND: PVC (SCH. 40 & SCH. 80 SWEEPS).
8. INDOOR: EMT (RGS IN TIWFIC AREAS).
C. OUTOOOR (ABOVE GfWJE): RCS
<20'
j 3 I SINGLE LINE DIAGRAM 11 11
DCI PACIFIC
s~m Nl/M!l!:R IJ
AIEICWORKS o 09/1s/11 GENERATOR a: TOWER sPtcs Aooro TN BOK oxo SINGLE LINE DIAGRAM,
A 06/16/17 ISSU(O FOR co REVIEW .l.NO COI.II.IENTS TN BOK DKO PANEL SCHEDULE AND
NO. DA.TE REVISIONS B"f CHK APP'O ELECTRICAL NOTES
OESIGNEO CRAWN
E03 AAO!ltECTU~E IENGINEERINGIWNSULTING 12m::ri~i:~411T IID
April 24, 2018 Item #2 Page 73 of 92
License Agreement with New Cingular Wireless PCS
at the Crossings Golf Course
April 24, 2018 Item #2 Page 87 of 92
PALOMAR AIRPORT RD
PREMISES
April 24, 2018 Item #2 Page 88 of 92
Minor Conditional Use Permit (MCUP) 15-04•Approved: September 5, 2017
•Wireless Facilities:
•35 foot monopine supporting 16 antennas and 32
remote radios
•12 x 38 (465 square foot) equipment building with an
emergency backup generator
•Two 15 foot Alder Pines
April 24, 2018 Item #2 Page 89 of 92
License Agreement
•Term: 10 Years with two, five year extension options.
•Consideration:
•One time $8,000 fee
•$3,825 per month ($45,903 per year or $551,116 over the initial 10 year
term).
•$57,500 in improvements to increase size of existing maintenance
building.
April 24, 2018 Item #2 Page 90 of 92
•Expansion of Maintenance
Building
•Existing Maintenance Building
•Monopine
•New Facility Enclosure
April 24, 2018 Item #2 Page 91 of 92
Recommendation
Adopt a Resolution authorizing the City Manager to execute a
license agreement with New Cingular Wireless PCS, LLC to operate a
wireless communication facility at the Crossings Golf Course.
April 24, 2018 Item #2 Page 92 of 92