HomeMy WebLinkAboutT-Mobile USA Inc; 2008-10-15;WIRELESS TELECOMMUNICATIONS FACILITY
CITY OF CARLSBAD
LICENSE AGREEMENT
This License Agreement ("Agreement") is made between the City of Carlsbad, a
munf9ipal corporation ("Licensor"),,and T-Mobile USA Incorporated ("Licensee"), effective
(J tJL* &JUU IS~ 200 S ("Effective Date").
RECITALS
A. Licensor is the owner of real property located at Calavera Hills Commuity Park
("Property") and more particularly described in Exhibit "A".
B. Licensee desires access to and limited use of a portion of the Property, as further
described below to install, maintain and operate a wireless telecommunication facility with
equipment as more particularly described in Minor Conditional Use Permit ("CUP") No. _07-
04 , attached as Exhibit "B."
C. Licensor is willing to permit Licensee access to and limited use of a portion of the
Property for this stated purpose and pursuant to the below terms and conditions.
NOW, THEREFORE, the parties agree as follows:
GRANT OF LICENSE
1. Scope of License. Licensor grants to Licensee a non-exclusive license (the
"License") to use that portion of the Property described in Exhibit "C" (the "Premises") for the
purposes of installing, maintaining, and operating the wireless telecommunication facility with
equipment described in CUP No. 67'M hi addition to being subject to the terms and conditions
in this Agreement, this License and Licensee is subject to the terms and conditions of MCUP No.
07-04 and any other required government approvals.
2. Term of License. The term of the License shall commence as of the Effective
Date above ("Commencement Date"). The initial License term and this Agreement shall be
equal to the term of corresponding MCUP No. 07-04 ("Initial Term"). If MCUP No. 07-04 is
extended, the Licensor's Executive Manager may renew this Agreement for an additional period
equal to the term for which MCUP No. 07-04 is extended.
The renewal of this Agreement is subject to any changes in the terms and
conditions requested by Licensor or Licensee and mutually agreed upon by the parties. Licensee
must provide the Licensor at least one hundred eighty (180) days written notice of its desire to
renew. The renewal shall not be effective unless and until the Licensee and Licensor have
executed a written amendment to this Agreement setting forth the particular terms and provisions
of the renewal.
3. License Fee. Licensee shall pay to Licensor an initial annual fee (the "License
Fee") of Thirty Five Thousand, Six Hundred Eight-Eight Dollars ($35,688.00). The License Fee is
payable in equal monthly installments of Two Thousand Nine Hundred and Seventy-Four Dollars
($2,974.00), without abatement, deduction, or offset, on the first day of each month. The License
Fee will be adjusted annually on the anniversary of the Commencement Date by the percentage
increase in the most recently published Consumer Price Index - All Urban Consumers for the San
Diego Metropolitan Statistical Area over the rate in effect on the Commencement Date of the prior
year. This increase shall not be less than three percent (3%) or more than six percent (6%).
4. If any monthly fee payment is not received by Licensor by the fifth (5th) day of
the month in which it is due, the fee payment shall be deemed delinquent and ten percent (10%)
interest shall accrue on the unpaid amount. If Licensee is delinquent for two (2) or more months
in any twelve (12) month period, Licensor may immediately terminate this Agreement and
demand removal of Licensee's wireless telecommunication facility and equipment, including,
without limitation any specially install or ancillary equipment required by Licensee for its
wireless telecommunication facility from the Premises and Property within ten (10) business
days, or may remove the facility and all equipment associated with Licensee's wireless
telecommunication facility itself and charge Licensee for the cost of removal and storage. In
addition to any other remedy available under this Agreement, Licensor may, without notice to
Licensee exercise any or all rights to collect upon the performance bond posted pursuant to
Paragraph 14(b) below.
5. Relationship of License and MCUP No. 07-04. The granting of the License is
contingent upon the continuing validity of MCUP No. 07-04. This Agreement shall automatically
terminate upon the expiration or revocation of MCUP No. 07-04. The modification or extension
of MCUP No. 07-04 does not obligate the Licensor to modify or extend this Agreement nor does
the continuing validity of MCUP No. 07-04 preclude the Licensor from exercising any rights under
this Agreement, including the right to terminate this Agreement for convenience under Paragraph
13 below.
6. Limitations on License. Nothing in this Agreement is intended to create an
interest or estate of any kind or extent in the Property or Premises. Licensee further
acknowledges and agrees that this Agreement does not create a landlord-tenant relationship and
Licensee is not entitled to avail itself of any rights afforded to tenants under the laws of the State
of California.
(a) Licensee may not assign, sublicense or transfer the License, in whole or in part, to
any other persons or entity, nor may Licensee allow any other person or entity to co-locate its
facilities on Licensee's facilities without the prior written consent of Licensor, which Licensor
may withhold in its sole discretion. Any attempt by Licensee to do so without first obtaining
Licensor's prior written consent is grounds for immediate revocation or termination of the
License by Licensor. For approval of any sublicense of Licensee's facility or equipment to
another person or entity, Licensor will require additional compensation.
Acceptan/fe of/License Fee
as noted in Section 3
above :
(b) Licensee may, upon written notice to Licensor, assign or transfer its rights arising
under this license to any person which is (i) controlled by, controlling or under common control
with Licensee, (ii) shall merge or consolidate with or into Licensee, or (iii) shall succeed to all or
substantially all the assets, property and business of Licensee. "Control" means the right and
power to direct substantially all of the management and policies of the affiliate. Failure to
provide written notice prior to transfer is grounds for immediate revocation or termination of the
License by Licensor.
6. No Warranty. Licensor makes no warranty or representation that the Premises are
suitable for Licensee's use. Licensee has inspected the Premises and accepts the same "AS-IS."
Licensor is under no obligation to perform any work or provide any materials to prepare the
Premises for Licensee.
LICENSEE'S OBLIGATIONS
Licensee shall:
7. Use the Premises solely for the purposes allowed within the scope of the License. If
required by Licensor, a security fence, consisting of chain link construction or similar but
comparable construction, shall be placed around the perimeter of Licensee's facilities and
equipment. All improvements shall be at Licensee's expense. Licensor will maintain the
Premises in a reasonable condition.
8. Licensee or user shall construct and operate Licensee's equipment and wireless
telecommunication facility in accordance with applicable regulations issued by the Federal
Communications Commission ("FCC"). This includes, without limitation, installing any
equipment, at Licensee's expense, to eliminate any interference that might be caused by the
location of Licensee's wireless telecommunication facility and equipment with the existing
facilities and equipment of Licensor or of other parties which are already on the Property at the
commencement of this Agreement or with frequencies utilized by law enforcement and fire and
rescue services personnel. Licensor agrees that any license or agreement to allow
communications equipment at the Property shall contain the foregoing provision or one
substantially similar.
9. Be fully responsible for any equipment and facility installed on the Premises by
Licensee, including providing fire, theft, and extended coverage insurance.
10. Comply with all applicable federal, state, and local laws, including FCC regulations,
City of Carlsbad City Council Policy No. 64, and related City of Carlsbad Municipal and Zoning
Code provisions, as amended from time to time.
11. (a) Secure all necessary permits or conditional use permits from any governmental
agency to install any wireless telecommunication facility and associated equipment of Licensee
on the Premises. Licensee may substitute, modify and/or add to its facilities and equipment
located on the Premises from time to time, provided that Licensee first obtains any and all
required governmental approvals for such substitution, modification and/or addition and the
expense of Licensee, be made in accordance with applicable regulations issued by the FCC. If
Licensee's plans and specifications are approved by Licensor, Licensee shall notify all other
telecommunications and information services providers located on the Property per Paragraph 29
below (hereinafter "Carrier"), in writing, as to the scheduled date and time of commencement of
construction or installation of Licensee's modified equipment not less the five (5) business days
prior to such date. Any unauthorized modifications of Licensee's facilities or equipment is
ground for immediate revocation of the License by Licensor.
(b) Maintain MCUP No. 07-04 and all of the certificates, permits and other
approvals, which may be required from other federal, state or local authorities, and any
temporary easements or other rights of entry, which are required from any third parties. Licensor
shall cooperate with Licensee in its efforts to obtain such approvals and/or temporary easements
or rights of entry, as may be required for Licensee's wireless telecommunication facility and
equipment as approved in MCUP No. 07-04. If (i) any application and/or negotiations by
Licensee for any required certificate, permit, license, temporary easement, right of entry,
approval, policy of title insurance, or agreement is finally denied, rejected and/or terminated, (ii)
any such certificate, permit, license, temporary easement, right of entry, approval or agreement is
canceled, or expires, or lapses or is otherwise withdrawn or terminated, (iii) any Hazardous
Materials (as defined in Paragraph 18 below) are discovered or otherwise become located on the
Property or the Premises, other than as direct result of Licensee's activities, or (iv) due to
technological changes or business changes, Licensee determines that it is no longer practical to
use the Premises for Licensee's intended purposes, then Licensee shall have the right to
terminate this License Agreement, which termination shall be effective no sooner than one
hundred eighty (180) days from delivery of written notice from Licensee to Licensor, provided
Licensee has removed all of its personal property, fixtures, electrical meters, and equipment from
the Premises and Property by that time.
12. Be responsible for all utilities and any property taxes imposed as a result of the use
of the Property by Licensee. Licensee specifically acknowledges that the grant of the License
may subject Licensee to certain taxes under California Revenue and Taxation Code section 107.6
and agrees it is solely responsible for the payment of these taxes.
13. (a) At Licensee's sole expense and within thirty (30) days after the mailing of
written notice by Licensor, protect, temporarily disconnect, relocate, modify or remove its
equipment, facilities, and/or other property if Licensor determines, in it sole discretion, that
Licensee's equipment, facilities, and/or other property are inconsistent with or interfere with
Licensor's current or planned use of the Property or Premises. Further, in consideration for
Licensor's agreement to enter into this Agreement, Licensee waives any and all rights it may
have under federal or state law for relocation assistance benefits if Licensor requires Licensee to
relocate or make use of the Property or Premises in such a way as to displace Licensee from the
Property or Premises. Licensee shall execute any further documentation of this release and
waiver as Licensor may reasonably require in the future.
(b) If Licensee does not protect, temporarily disconnect, relocate, or remove its
equipment, facilities, and/or other property within the time period specified above, Licensor may
remove the equipment, facilities, and property and charge Licensee for the cost of removal and
storage. Alternatively, upon Licensee's request, Licensor may approve the abandonment of
Licensee's facilities, equipment, or personal property in place. Upon approval, Licensee shall
execute, acknowledge and deliver to Licensor any necessary documents to transfer ownership of
its facilities, equipment and personal property to Licensor.
14. (a) Pay a fee of two times the then existing monthly rate if upon expiration or
termination of this Agreement, Licensee remains on the Property. The increase will take effect
on the first (1st) day after expiration or termination of this Agreement and will continue until
Licensee vacates the Premises by removal of its facilities, equipment, and/or personal property,
or by authorized abandonment in accordance with Paragraph 13(b) above.
(b) As security for Licensee's performance under this paragraph and Paragraph
13 above, Licensee shall post a faithful performance bond, in a form acceptable to the City
Attorney and in the amount of Twenty-Thousand Dollars ($20,000) with the Engineering
Department. Absent a breach to any term or condition of this Agreement, the performance bond
will be released upon Licensee's written request and after confirmation by the City Engineer or
designee that the wireless telecommunication facility and equipment has been removed and the
Premises restored to the satisfaction of the City Engineer.
15. Exercise due diligence in utilizing the Premises of Licensor so as to not interfere
with utilization of the Property or Premises by Licensor or other authorized persons, and
Licensee agrees to comply with any rules and regulations Licensor may promulgate at any time
in reference to utilization of the Property or Premises by any party other than Licensor. It is
understood by Licensee that the Property is used by Licensor as a reservoir site and as a part of
the water delivery system of the Licensor and that it is necessary to maintain adequate security at
all times for the primary utilization of the Property by Licensor.
16. (a) Waive all claims against Licensor for any damages to the personal property and
equipment of Licensee in, upon or about the Property and Premises and for injuries to any
employees of Licensee or their agents in, upon, or about the Property or Premises from any cause
arising at any time, except any damages arising from the willful misconduct of the City of
Carlsbad. In addition, Licensee will indemnify, defend, and hold Licensor, including all of its
elected and appointed officials, officers, employees, contractors and agents ("Indemnified
Parties"), exempt and harmless from any damage or injury to any person, or any property, arising
from the use of the Property or Premises by Licensee or Licensee's officers, employees,
contractors, or agents, or from the failure of Licensee to keep the wireless telecommunication
facility and equipment in good condition and repair, as provided for in this Agreement.
(b) Licensee's indemnification shall include any and all costs, expenses,
attorneys fees and liability incurred by the Indemnified Parties in defending against such claims,
whether the same proceed to judgment or not.
17. (a) Obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with use of the Property or Premises by Licensee or Licensee's
agents, representatives, employees or contractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The
insurance carrier is required to have a current Best's Key Rating of not less than "A-:V".
(b) Maintain the types of coverages and minimum limits indicated below, unless the
City Attorney or Carlsbad's City Manager approves a lower amount. These minimum amounts
of coverage will not constitute any limitations or cap on Licensee's indemnification obligations
under this Agreement. Licensor, its officers agents and employees make no representation that
the limits of the insurance specified to be carried by Licensee pursuant to this Agreement are
adequate to protect Licensee. If Licensee believes that any required insurance coverage is
inadequate, Licensee will obtain such additional insurance coverage, as Licensee deems
adequate, at Licensee's sole expense.
1) Commercial General Liability. $1,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, the general aggregate will be twice the required per occurrence limit.
2) Automobile Liability. $1,000,000 combined single-limit per accident
for bodily injury and property damage.
3) Workers Compensation and Employer's Liability. Worker's
Compensation limits as required by the California Labor Code and Employer's Liability limits of
$1,000,000 per accident for bodily injury.
(c) Licensee will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
1) Licensor will be named as additional insured on General Liability.
2) Licensee will obtain occurrence coverage, which will be written as
claims-made coverage.
3) This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) day's prior written notice to Licensor
in accordance with Paragraph 32 below.
(d) Prior to Licensor's execution of this Agreement and annually thereafter,
Licensee will furnish certificates of insurance and endorsements to Licensor.
(e) If Licensee fails to maintain any of these insurance coverages, the Licensor
may immediately terminate this License.
(f) Licensor reserves the rights to require, at anytime, complete and certified
copies of any or all required insurance policies and endorsements.
18. Refrain from using, generating, storing or disposing of any Hazardous Material on,
under, about or within the Property in violation of any law or regulation. "Hazardous Material"
shall mean petroleum or any petroleum product, asbestos, any substance known by the State of
California to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste
which is identified as hazardous, toxic or dangerous in any applicable federal, state or local law
or regulation. In the event of a breach of this provision by either party, the other may
immediately terminate this Agreement and pursue any remedies to which it is entitled by law.
19. Install, at Licensee's own cost:
(a) a separate electrical panel and meter for its wireless telecommunication
facility and equipment and be responsible for all electrical costs attributable to its facility and
equipment.
(b) a separate water meter for any landscaping required by CUP No. 00-17 or
other federal, state, or local approval and be responsible for all water and maintenance costs
attributable to the this requirement.
20. Provide Licensor with "as-built" drawings for the wireless telecommunication
facility and equipment within sixty (60) days after the facility and equipment are installed.
21. Perform the installation in a neat, responsible, workmanlike manner, using generally
accepted construction standards, consistent with such reasonable requirements as shall be in
imposed by Licensor.
22. Repair or refinish, at Licensee's sole cost and expense, any surface or other portion
of the Property or Premises that is damaged by or during the installation, maintenance, or
operation of the wireless telecommunication facility and equipment. Without limiting any other
available remedies, if License fails to repair or refinish such damage, Licensor may, in its sole
discretion, but without any obligation to do so, repair or refinish the damage and Licensee shall
reimburse Licensor all costs and expenses incurred in the repair or refinishing.
23. Ensure that the Premises are maintained in a clean, safe condition and that Licensee's
wireless telecommunication facility and equipment are in good repair and free of any defects.
LICENSOR'S OBLIGATIONS
Licensor will:
24. Allow the construction, installation, operation, and maintenance of Licensee's
wireless telecommunication facility with associated equipment on the Property and Premise for
use by Licensee, as approved in CUP No. 00-17.
25. Allow reasonable ingress and egress for Licensee to the Property, including access
any time in cases of emergency or equipment failure.
26. Be responsible for its own equipment.
27. Grant any necessary temporary easement or right of entry for as long as this License
is in effect, as required for extension of electric and telephone service to the Premises as
specified in CUP No. 00-17.
28. Licensor and its agents shall have the right to enter the Premises upon twenty-four
(24) hour's advance notice to Licensee, during reasonable business hours, for any purpose
consistent with Licensor's status as the owner of the Property and Licensor under this
Agreement. Such right is in addition to and in lieu of any right Licensor may have as the local
regulatory authority. In the event of an emergency, the notice requirement will be waived.
29. Licensee understands and agrees that the License is not exclusive. Licensor reserves
the right to enter into agreements with other parties, including, but not limited to additional
Carriers for use of the Property. In the event that an additional Carrier is licensed to use the
Property, it shall be such Carrier's responsibility, at its expense to ensure that such installation is
constructed and operated in accordance with applicable FCC regulations. If Licensor approves
such Carrier's plans and specifications, Licensor shall notify Licensee in writing as to the
scheduled date and time of commencement of construction and installation of the Carrier's
facilities and equipment not less than five (5) business days prior to such date. Any change to
the additional Carrier's approved facilities, equipment and location and/or change in A///Q
and AJ//} shall be made compatible with Licensee's facilities and equipment at Carrier's
sole expense. Except as otherwise required by applicable law, disputes between the Licensee
and the other Carriers over the use of the Property shall be submitted to Licensor's City Manager
or an authorized designee for final resolution.
GENERAL PROVISIONS
30. Any breach of Licensee's obligations under this Agreement is grounds for revocation
or termination of this License by Licensor. Other than a breach based upon Licensee's failure to
pay money when said money is due, Licensor shall give Licensee written notice of such breach
and so long as Licensee acknowledges the receipt of the notice of breach and informs Licensor of
its willingness to cure the breach within a reasonable period of time, Licensor shall give Licensee
a reasonable opportunity to cure such breach. Licensee shall diligently prosecute such cure.
31. Any action at law or in equity brought by either of the parties for the purposes of
enforcing a right provided by this Agreement will be tried in a court of competent jurisdiction in
the County of San Diego, State of California, and the parties waive all provisions of law
providing for a change of venue in these proceedings to any other county.
32. All notices under this Agreement shall be in writing and, unless otherwise provided
in this Agreement, shall be deemed validly given if sent by certified mail, return receipt
requested, or via recognized overnight courier service, addressed as follows (or to any other
mailing address which the party to be notified may designate to the other party by such notice).
All notices properly given as provided for in this section shall be deemed to be given on the date
when sent. Should Licensor or Licensee have a change of address, the other party shall
immediately be notified as provided in this section of such change.
LICENSEE: LICENSOR:
T-Mobile USA, Inc CITY OF CARLSBAD
10180 Telesis Court, Ste. 333 1635 Faraday Avenue
San Diego, CA 92121 Carlsbad, CA 92008
Attention: Legal Department Attn: Cynthia Haas
Title: Manager Economic Development & Real Estate
33. The waiver by Licensor of any breach of any term, covenant, or condition in this
Agreement shall not be deemed to be a waiver of such term, covenant, or condition for any
subsequent breach of the same or any other term, covenant, or condition of this Agreement.
34. If any part of any provision of this Agreement or any other agreement, document, or
writing given pursuant to or in connection with this Agreement is finally determined to be
invalid or unenforceable under applicable law, that part or provision shall be ineffective to the
extent of such invalidity only, and the remaining terms and condition shall be interpreted so as to
give the greatest effect to them.
35. The terms and conditions of this Agreement shall bind and inure to the benefit of
Licensor and Licensee and, except as otherwise provided in this Agreement, their respective
heirs, distributees, executors, administrators, successors, and assigns.
36. The terms and conditions contained in this Agreement supersede all prior oral or
written understandings between the parties concerning the subject matter of this Agreement.
Notwithstanding this, nothing in this Agreement is intended to alter or abrogate actions taken or
conditions imposed by Licensor in its capacity as regulatory authority.
37. This Agreement shall not be modified or amended except by a writing signed by
authorized representatives of the parties.
38. All identified or referred to Exhibits are incorporated into this Agreement by this
reference.
IN WITNESS WHEREOF, Licensee fad Licenser /|ia\fe /(executed this Agreement
effective the day and year first written above.
LICENSEE
allacher
nt, Engineering
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ^QJ
On-
DATE
-beforeme,
NAME, TITLE OF OFFICER
•\rvoUii MOvt<c»t\
- E.G.., "JANE DOE, NOTARY]E DOE, NOTARY PUBLIC
personally appeared, T)<XV*A
personally known to me (oi1 piuvcd 10 me 6n UlU baaia of satisfactory1 evidence) to be the
person^ whose name(-s} is/are subscribed to the within instrument and acknowledged to me
that he/ihu'lliey executed the same in his/her/their authorized capacity(ies), and that by
his/hcr/thoir signature^ on the instrument the person^, or the entity upon behalf of which
the person^o) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
f1626949
NOTARY PUBLIC
SAN DIEGO CoY
Cofnm
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT-
DATE OF DOCUMENT NUMBER OF PAGES
SIGNERS(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME SIGNER'S NAME
RIGHT THUMBPRJNT RIGHT THUMBPRINT
LICENSOR
CITY OF CARLSBAD, a municipal
corporation)
ATTEST:
If required by Licensor, proper notarial acknowledgment of execution by Licensee must be attached. If a
Corporation, Agreement must be signed by one corporate officer from each of the following two groups.
* Group A.
Chairman,
President, or
Vice-President
**GroupB.
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
10
Delegation of Contract Signing Authority Form
Purpose for which authority is being delegated:
The undersigned, as Senior Vice President of the below listed companies, does hereby
delegate to David Gallacher, Vice President, Engineering & Operations, West Region,
signing authority to negotiate and enter into the following documents:
Lease Agreements • Independent Contractor Agreement • Professional Services
Agreement • Master Construction Services Agreement • Operations Service
Agreement • Notice to Proceed • Inbuilding Agreement
on behalf of the following companies:
T-Mobile West Corporation Omnipoint Communications, Inc. TMO CA/NV, LLC
T-Mobile Texas, LP by T-Mobile West Corporation, its general partner
Maximum Amount of Signing Authority: $500,000
NOTE: Under no circumstance shall the obligation exceed the signing authority limits outlined in the EXPENSE
AND CAPITAL EXPENDITURE SIGNATURE AUTHORITY LEVELS policy.
Expiration Date of signing authority: N/A
By signing this document I acknowledge that I have read, understand and will comply with
the Company Policy oi>€otfffacTReview and Administration. Person delegating authority:
(Must be Vice President or above
SIGNATURE:
NAME: TstevilleRay
TITLE: Seju«f*y7^e°yypsidotUyJSjigmeering & Operations
DATE://'Janua
Person authority is being
SIGNATURE^1
NAME: Da^id-GaTlacher
/ice President, Engineering & Operations, West Region
DATE:
**A copy of this Form must be attached to each contract to which it applies. **
EXHIBIT A
DESCRIPTION OF "PROPERTY"
Exhibit "A"
1
L CONTRACTOR'S
DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE PRECEDENCE.AND THIS SE1 OF PLANS IS "TENDED TQ BE USED FPURPOSES ONLY. UNLESS NOTED OTHERWISE. THE GESCOPE OF WORK SHALL INCLUDE FURNISHING ALL MAT.LA8DR, AND ANYTHING aSE DEEMED NECESSARY TO COMPLETEINSTALLATIONS A
PRIOR 'E SUBMISSION OF BIOS. THE CONTRACTORS INVOL«0 SHALL VISITtU£ JOS SITE ANO FAMILIARIZE THEMSELVES WITH ALL CONDITItVit NEW PROJECT, WITH THE CONSTRUCTION ANO CONTRACTDOCUMENTS. FIELD CONDITIONS tHO CONFIRM THAT THE PROJECT MAY BACCOMPLISHED AS SHOW PRIOR TO PROCEEDING WITH CONSTRUCTION. ANS, OR DISCREPANCIES ARE TO BE BROUGHT TO THE
E ARCHITECT/ENGINEER.
THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN
PROCEED WITH CONSTRUCTION P*>OH TO STARTING WORH ON ANY ITECLEARLY DEFINED sr THE CONSTRUCTION DRAWINGS/CONT
THE CONTRACTOR SHALL SUPERVISE AND DIRECT THE PROJECT DESCRIBEDHEREIN. THE CONTRACTOR SHALL K SOLELY RESPONSBLE FOR ALLCONSTRUCTION MEANS. METHODS. TECHNIQUES SEQUENCES AMD PROCEDURESANO rOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT ANO MATERIALSACCORDING TO wNurAcnwER'sAtNoows SPECFICAHONS UNLESS NOTEDOTHERWISE OR WHERE LOCAL COOES OR ORDINANCES TAKE PRECEDENCE.
STRKTACCOROANCE WITH ALL *pPUCAaLecoo£S. REGULATIONS. ANDORDINANCES. CONTRACTOR SHALL C« ALL NOTICES ANO COMPLY WITH ALL
LAWS. ORDINANCES. RULES. REGULATIONS ANO LAWFUL ORDERS OF ANY PUBLI
AUTHORITY, MUNICIPAL ANO UTILITY COMPANY SPECFtCATtONS. AND LOCAL
ANO STATE JURISDICTIONAL CODES BEARING ON THE PERFORIMNCE OF THE
GENERAL CONTRACTOR SHALL PROVIDE AT TH£ PROJECT SITE A FULLCONSTRUCTION DOCUMENTS UPDATED WITH TH£ LATEST REVISIONS ANOADDENDA OR CLARIFICATIONS FOR USE BY ALL PERSONNEL INVOLVEDWITH THE PROJECT.
OCTAllS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF DE
UINOH MODIFICATIONS MAY DC REOLHHEO TO SUIT J06 CONDITIONS OR
SITUATIONS. AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART O
SCOPE OF WORK.
MARSHAL APPROVED MATERIALS IF APPLICABLE TO THIS FACIUTY ANO OPROJECT SITE.
THE CONTRACTOR SHALL "AKE NECESSARY PROVISIONS TOIMPROVEMENTS. EASEMENTS. PAVING, CURBING. ETC DURINGUPON COMPLETION OF WORK. CONTRACTOR SHALL REPAIRDUE TO CONSTRUCTION ON OR ABOU
; . .
RUBOSH: ANO REMOVE EQUIPMENT NOT SPECIFIED AS REMAINING ON THEPROPERTY. PREMISES SHALL 9E LEFT IN CLEAN CONDITION AND FREE FROM PAINT
THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN
. B ARE NEVERTHELESS CAUTIONED THATR OMISSIONS OR ERRORS IN THE DRAWNGS ANO OR SPECIFICATIONS SHALL
.
BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) THEABCH^ECT/ENOUrtER OF ANY CONFLICTS, ERRORS. OH OMISSIONSPRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL IN THE E\tNT OFDISCREPANCIES THE CONTRACTOR SHAU. PRICE THE MOW COSTLY OR EXTENSIVEWORK, UNLESS DIRECTED OTHERWISE.
IT SHALL K THE RESPONSIBUTY OF THE CONTRACTOR TO LOCATE ALL E
UrmjTIES WHETHER SHOWN HEREON OH NOT AND TO P
THE CONTRACTOR SMALL BEAR ALL EXPENSE OF REPAIR
CQNJUCT1ON WITH THE EXECUTION OF THIS W3RK.
FY THE NUMBER *NQT MANUFACTURERS.LOCATION OF ALL E
SYMBOLS
DETAIL REFERENCE
SECTION REFERENCE
ELEVATION REFERENCE
REVISION
SPOT ELEVATION
PROPERTY LINE/LEASE LINE
UTILITY PURVEYORS
WATER - N/A
SEWER - N/A
GAS - N/ATELEPHONE AT&TELECTRIC SDGAE
T MOBILE NETWORK ADMINISTRATIVE:
CONSULTANT TEAM
ARCHITECT:
USA ArchttKlun * Planning,
CONTACT: MICHAEL SHEWBWOG1800 E. DEERE AVE.
PROJECT MANAGER:
PROJECT SUMMARY
OWNER:
APN:167-101-34-00
ADA COMPLIANCE:
NOT APPLICABLE PER TITLE 2SECTION MOS(B) .3.*.2
ELECTRICAL ENGINEER:
USA Archil.ttut. & Planning. Inc.
CONTACT: ERNIE DYQUUNGCO1800 E. DEERE AVE.SANTA ANA. CA. 92703PHONE' 949-25I-IIT7
FAX: 949-ZS1-I1ZO
STRUCTURAL ENGINEER:MSA Arcniltctun * Planning. Inc.
CONTACTS
APPLICANT:
subsidofy 0' r-lfobilc USA lie.3 lmo*riol Promwiodvm. Sl«.Sonto Ana. CA 92702
(949) 567-WOO
CUSTOMER CONTACT:
10IBO Tdtiti Court, Sultt J33
UTILITY CONTACTS:
PROJECT SHALL. COMPLY WITH 2001 EDITION OF THE
CALIFORNIA BUILDING CODE (TITLE 24) WHICH ADOPTS THE
1997 UBC. UMC, UPC, AND 1996 NEC
NOTES:
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY ORSITE PLAN OF THE PREMISES ONCE IT IS RECEIVED 8Y LESSEE.
2. SETBACK OF THE PREMISES FROM THE LESSOR'SBOUNDARIES SHALL BE THE 0 STANCE REQUIRED BY THE
APPLICABLE GOVERNMENTAL AUTHORITIES.3. WIDTH OF THE ACCESS ROAD SHALL BE THE WIDTHREQUIRED BY THE APPLICABLE AUTHORITIES, INCLUDING POLICE
ANO FIRE DEPARTMENTS.4. THE TYPE. NUMBER ANO MOUNTING POSITIONS ANDLOCATIONS OF ANTENNAS ANO TRANSMISSION LINES ARE
LLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS. ANO MOUNTINGPOSITIONS MAY VARY FROM WHAT (5 SHOWN ABOVE.
T • -Mobile •
CALAVERA PARK
2997 GLASGOW DRIVE
CARLSBAD, CA 92008
SD06378
SHEET INDEX
Tl TITLE SHEET
Al SITE PLAN
A3 ENLARGED SITE PLAN
AJ EQUIPMENT LAYOUT, ANTENNA LAYOUT. ANTEKNA U
A4 ELEVATIONS
LEGAL DESCRIPTION
SEE SHEET LS-l
ANTENNA ORIENTATION & COAXIAL SCHEDULE
3. OF
fENNAS
RAD
CENTER
COAX
LENGTH
COAX
SIZE
PROJECT DESCRIPTION
BUILD NG SUMMARY:OCCUPANCY CLASSIFICATION:TYPE:SPRINKLERS:
SUBMITTAL RECORD
SUBMIT j DESCRIPTION
APPROVALS
PRINT
NAME
T-M
MANAGER
CONSTRUCTION
COORDINATOR
INTERCONNECT
ENGINEER
RF ENGINEER
SITE ACQUISITION
PLANNING
AEC
LANDLORD
THIS SET OF CONSTRUCTION DOCUMENTS ISPROPRIETARY BY NATURE. ANY USE OR
DISCLOSURE OTHER THAN THAT WHICHRELATES TO T-U09ILE IS STHICRTPROHIBITED.
IMSA
6920 Miramar Rd, Suite 2U2San Diego, Ca. 92121
PK. S58.mQ578
FX.858JM14S7
SD06378
CALAVERA PARK
T1
CALAVERA HILLS
COMMUNITY PARK
APN:
167-101 -34-00
167-101-35-00
(E) T-MOWLE METER-ST*L. ELECTRICAL
ISFORMER <POC). k
:ST*i- (POC)
SITE PLAN
THE FOLLOWING INFORMATION CONTAINED IN
THIS SET OF CONSTRUCTION OOCUUENTS ISPROPRIETARY BY NATURE. ANT USE ORDISCLOSURE CTHCR THAN THAT WHICHRELATES TO T-MOBUE IS STRICTLY
0)
IMSA
6920 MiramarRd.,Suile 202
San Diego, Q.9H21
Ph. 858.530.0578
Fx.S5S.53fl.I467
San Fnnciini . Sajilu Ana -
SD06378
CALAVERA PARK
A1
EXHIBIT B
MINOR CONDITIONAL USE PERMIT NO. 07-04
Exhibit "B"
City of Carlsbad
Planning Department
May 10, 2007
Krystal Patterson
302 State PI
EscondidoCA 92029
SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 07-04 - T-MOBILE USA. INC
- Request to allow the continued operation of an existing Wireless Communication Facility
(WCF) at Calavera Hills Community Park, in the P-C Planned Community Zone and Local
Facilities Management Zone 7.
Dear Ms. Patterson,
The Planning Director has completed a review of your application for a Minor Conditional Use
Permit MCUP 07-04 - T-MOBILE USA, INC for an unmanned Wireless Communication Facility
at the Calavera Hills Community Park. On the 10th day of May, the Planning Director held a
duly noticed public hearing as prescribed by law to consider said request. Public testimony
was not given. After careful consideration of the evidence presented at the public hearing, the
Planning Director has determined that the findings required for granting a Minor Conditional
Use Permit can be made and therefore, APPROVES this request based on the following
findings and conditions.
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan,
including, if applicable, the certified local coastal program, specific plan or master plan in
that that the use is consistent with the General Plan in that the Open Space Land
Use designation does not preclude the provision of WCF uses, nor is it
detrimental to permitted uses in the vicinity in that the WCF is located in a
preferred location.
2. That the requested use is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located in that the existing
WCF will not result in any additional building coverage and there will be no
alterations to the existing site design.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer
areas, landscaping and other development features prescribed in this code and required
by the Planning Director in order to integrate the use with other uses in the
neighborhood in that the existing WCF is existing and no modifications are being
proposed and will not significantly change the building appearance.
1635 Faraday Avenue * Carlsbad, CA 92008-7314 » (760) 8u.»-/usoo • TAX (760) 602-8SS9 * www.ci.carlstaad.ca.us
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Pace 2
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the existing use in that that the unmanned WCF use would
require, on average, only monthly maintenance visits and occasional visits in
response to operational problems.
5. That the proposed wireless communication facility is consistent with City Council Policy
No. 64, in that the continued operation of the antennas are proposed in an open
space zone (which is a preferred location) and flush mounted antennas are
located on an existing light pole in a Planned Community zone (P-C) which is a
preferred location to reduce their visibility to the greatest extent possible, and the
equipment is enclosed by an equipment enclosure. The WCF is located in a
preferred location in the P-C Zone and the existing project complies with all
applicable design guidelines in that the facility is a stealth design.
6. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - existing facility,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project,
7. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are
imposed to mitigate impacts caused by or reasonably related to the project, and the
extent and the degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. Approval is granted for MCUP 07-04 - T-MOBILE USA, INC as shown on Exhibits "A -
I" dated July 19, 2000 on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms to be
implemented and maintained over time, if any such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify
all approvals herein granted, deny or further condition issuance of all future building
permits, deny, revoke, or further condition all certificates of occupancy issued under the
authority of approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights
are gained by Developer or successor in interest by the City's approval of this Minor
Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Conditional Use Permit documents, as
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Page 3
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval shall require an amendment to
this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Minor Conditional
Use Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions,
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 7 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits,
7. MCUP 07-04 shall be reviewed by the Planning Director on a yearly basis to determine if
all conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general
welfare. If the Planning Director determines that; 1) the minor conditional use permit
was obtained by fraud or misrepresentation; or 2) the use for which such approval is
granted is not being exercised; or 3) the conditions of approval have not been met; or 4)
the minor conditional use permit is being or recently has been exercised contrary to any
of the terms or conditions of approval; or 5) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or 6) the use
is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the
minor conditional use permit is being or has been so exercised as to be detrimental to
the public health, safety or welfare or so as to constitute a nuisance, the Planning
Director shall hold an informal public hearing and after providing the permittee the
opportunity to be heard, the planning director may revoke and terminate the minor
conditional use permit in whole or in part, reaffirm the minor conditional use permit,
modify the conditions or impose new conditions.
8. Developer/Operator shall comply with the Federal Communication Commission's
guidelines on limits for human exposure to radio frequency (RF) electromagnetic fields.
Within six (6) months after the issuance of occupancy, and with any time extension or
amendment request, the Developer/Operator shall submit to the Planning Director either
(1) verification that the project is categorically excluded from having to determine
compliance with the RF exposure guidelines per 47 CFR §1,1307(b}(1); or (2) a project
implementation report which provides cumulative field measurements of RF emissions
of all antennas installed at the subject site. The report shall quantify the RF emissions
and compare the results with the exposure limits established by the FCC guidelines.
Said report shall be subject to review and approval by the Planning Director for
consistency with the Project's preliminary report on RF exposure submitted with the
MCUP 07-02 - T-MOBILE USA, INC
May 10, 2007
Page4 ;
initial project application and for consistency with the FCC guidelines. If on review, the
City finds that the Project does not meet the FCC guidelines, the City may revoke or
modify this conditional use permit.
9. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this
residential housing project are challenged this approval shall be suspended as provided
in Government Code Section 66020, If any such condition is determined to be invalid
this approval shall be invalid unless the City Council determines that the project without
the condition complies with all requirements of law.
10. This Conditional Use Permit is granted for a period of five (5) years from May 10, 2007,
to May 9, 2012. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five (5) years
upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Director may not grant such extension, unless he/she
finds that there are no substantial negative effects on surrounding land uses or the
public's health and welfare. If a substantial negative effect on surrounding land uses or
the public's health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Director may grant.
11. Developer shall comply with the City's Stormwater Regulations and implement best
management (BMP) practices of all times. Best management practices include but not
limited to pollution treatment practices or devices, general housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable.
Code Reminders:
12. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code
Section 66020(a), and file the protest and any other required information with the City Manager
for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
MCUP 07-02 -T-MOBILE USA, INC
May 10, 2007
PaqeS _
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$440.00. "The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If
you have any questions regarding this matter, please feel free to contact Chris Sexton at (760)
602-4624.
Sincerely,
DON NEU
Planning Director
DN:CS:bd
c: Tecla Levy
File Copy
Data Entry
EXHIBIT C
DESCRIPTION OF "PREMISES"
Exhibit "C"
ENLARGED SITE PLAN
FAINED._ _ INFORMATION
THIS SET OF CONSTRUCTIONPROPRIETARY 9T NATURE. ANY USE
DISCLOSURE OTHER THAN THAT WHI
RELATES TO T-UOBILE IS STRICTLYPROMOTED.
REVISIONS
0)
IMSA
6920 MiranwRd., Suite 202
Sin Diego, 0.92121
Ph. 858.530.0578
Fx.S585M.1467
SD06378
CALAVERA PARK
ENLARGED SITE PLAN
A2
(E) T-MOfilLE ANTENNAS
12) ANTENNAS PER SECTOR(3) SECTOHS
(6) ANTENNAS TOTAL
(E) DISCONNECT SWITCH
ENCLOSURE */ 8'
(E) UTIUTV CABNETS
EQUIPMENT AND ANTENNA LAYOUT PLAN
THE FOLLOWING INFORMATION CONTAINED IN
THIS SET OF CONSTRUCTION DOCUMENTS ISPROPRIETARV BY NATURE. ANY USE OR
DISCLOSURE OTHER THAN THAT WHICHRELATES TO T-UC
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6920 MinmarRd, Suite 212
San Diego, Q. 92121
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SD06378
CALAVERA PARK
EQUIPMENT AND ANTENNA
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Architecture A Planning, Inc
6920 MiranarRd. Suite 21E
San Diego, Ci. 92131
Ri.S5B.530.0578
Fx. 858.530.1467
SD06378
CALAVERA PARK
A4