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HomeMy WebLinkAboutU 13-06_redactedDepartment of Communit,.4Wlopment Planning Application Project Address 190 SANTA ROSA Parcel # 001-031-028 Project Title Legal Description 009.82 AC RECREATION (PARK) Zoning 1 PF Zoning 2 Property Owner CITY OF SAN LUIS OBISPO (940) In Care Of ATTN: ADMINISTRATION Owner Address 990 PALM ST SLO CA 93401-3249 Applicant Name CINGULAR WIRELESS Day Phone(805)201.7139 Address 12900 PARK PLAZA DRIVE, 5TH FLOOR CERRITOS, CA 90703 Representative 234 REEF COURT Day Phone(805)962-5115 Address SANTA BARBARA, CA 93109 Send correspondence to Representative Application made pursuant to Chapter/Section Planning Services Summary Application # Type of Application ARCMI 13-06 Review of cell site co -location. U 13-06 Consideration of a use permit to allow additional antennas to an existing pole. Received By JAIME HILL Fee Paid by Applicant ( 917) Rep ( 2698) Assigned planner TYLER COREY Hearings ARCMI Administrative Action 3/10/2006 City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 (805)781-7172 REFUNDED of the San Luis Obispo Municipal Code. Received Fee 1/3112006 $917 2/13/2006 $2,698 Total fees $3,615 City of sAn Us owsjJf • 4at Refund Request 2/a/zoo7 VENDOR ADDRESS Gordon Bell SPECIAL HANDLING/ DELIVERY INSTRUCTIONS 234 Reef Court Is a separate check required? No Santa Barbara, CA 93109 Hold check for: Invoice General Ledger Account Capital Project Description Amount Number Date Fund Program Acct Project Phase refund 02/08/07 100 45480 Rull refund of Appl. U 13-06 at 190 Santa 2,698.00 Rosa Street. New Zoning Regulations no longer require a use permit for co -location of wireless telecommunication facilities refund 02/08/07 100 45480 Rull refund of Appl. U 163-05 at 11075 Los 2,698.00 Osos Valley Road. New Zoning Regulations no longer require a use permit for co -location of wireless telecommunication facilities TOTALI 5,396.00 Requesting Department Prepared By I Approved By lCommunity Development Diane Stuart ACCOUNTING USE ONLY Vendor No. Pre -issue Date and check No. Verified By I Winancial Management Templates and FormsWoucher I Page 1 of 1 Stuart, Diane From: Corey, Tyler Sent: Wednesday, February 07, 2007 4:19 PM To: Stuart, Diane Subject: Refund Requests Diane, Please refund Planning Applications U 13-06 & U 163-05 in full due to recently adopted Zoning Regulation changes that no longer require Use Permit approval for co -location of wireless telecommunication facilities. Sincerely, Tyler Corey Associate Planner City of San Luis Obispo 805-781-7169 2n12007 Wireless Telecommunication Facility Conditional Use Permit Santa Rosa Park Site Number: VN0175-01 190 Santa Rosa Street, San Luis Obispo, CA 93405 Site APN: 001-031-028 Applicant: Cingular Wireless Applicant's Agent: Strategic Real Estate Services (SRES) 190 Santa Rosa St., San Luis Obispo, CA ovwar wre%ss MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made this 16'h day of April 2002, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city the " and CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of Nevada limited liability company d/b/a Cingular Wireless ("Cingular"). RECITALS WHEREAS, Cingular desires to construct a wireless communications facility at Santa Rosa Park and is willing to construct and dedicate certain public improvements to the City; and WHEREAS, the City is willing to lease a portion of Santa Rosa Park to the Cingular upon the terms and conditions set forth in Exhibit 1, provided that Cingular is able to obtain all discretionary approvals required by the City in its municipal and regulatory capacity; and WHEREAS, the MOU is non -binding in nature. Now, therefore, the parties have prepared the following MOU: 1. PROJECT DESCRIPTION The project consists of two components: a wireless communications facility and park improvements. The wireless communications facility and park improvements to Santa Rosa Park (hereafter "Park Improvements") include design and implementation of the following: A. Removing the central parking lot; and reconfiguring the layout of the remaining parking lot to result in no net loss of parking spaces (design only). B. Installing replacement turf and irrigation systems where the asphalt was removed. C. Relocating the softball field right field fence from the east to the west of the newly turfed area. D. Replacing and relocating the right field light pole to the west side of the newly turfed area with two light poles that also serve as cellular antennas. E. Constructing a building for cellular equipment on the north side of the softball field. F. Constructing a building located on the east side of the basketball court for communications equipment and storage for the skate and blading program ("radio/utility building"), including the following for the Lessee's Fire Department: a) fiber and phone service access in two dedicated conduits (2 inch) from Santa Rosa to the radio/utility building; b) space and installation for a two floor -to -ceiling "standard racks" (each one being 19 inches wide by 84 inches tall); c) area separation, for security purposes only, for the two racks mentioned above (chain link fence with a locking gate is suggested); d) one 20 amp electrical service, backed -up for by emergency generator to the secure area (this may be a shared system); e) climate control for the secured area; fj access to the secure area 24-hours a day, 365 days a year; g) space for 6 antenna on the light pole site, with appropriate conduit runs to the radio/utility building; h) assurance that only FCC licensed radio FX's systems are to be installed in the radio/utility building. Memorandum of Understanding Page I of 4 G. Installing a retaining wall at the south end of the former parking lot and making related parking improvements. H. Making other minor improvements as may be necessary to successfully complete this project. 2. PARK IMPROVEMENT SPECIFICATIONS In its capacity as the owner of the Park Improvements, and separate from its capacity as regulator, the City shall have rights of specific approval and review of all designs and plans, initially at the concept and schematic plan level, and subsequently at the final plans as set forth herein. Upon execution of the MOU the City shall review and approve the preliminary design. After approval of the preliminary design, Cingular shall submit to the City the final plans for the Park Improvements. Within 30 days of such submission, the City shall exercise its final right of review and approval of such plans. These rights shall be supplemental to and not concurrent with its rights of inspection in connection with building permit, fire and other regulatory functions. CONTRACT ARRANGEMENTS Prior to initiation of construction of the Park Improvements, Cingular shall provide the City with a final construction contract containing a fixed price contract for all work, materials and contingencies ("Guaranteed Maximum Price Contract' or "GMP"). In addition to price, the GMP will also detail the scope of improvements, phasing and completion date. The form and content of these documents shall be acceptable to the City. 4. CITY RIGHTS OF APPROVAL AND INSPECTION During the construction process of the Park Improvements, the City shall have the right, as an owner, to review all change orders, to require change orders which the City reasonably deems necessary only in order to ensure consistency or equivalency with the approved plans and specifications, and to inspect all parts of construction at any time. These rights, like the rights of plan review and approval, are supplementary to and separate from the regulatory functions of the City. CONTINGENCIES TO LEASE SIGNING In its capacity as landowner, the City is under no obligation to enter into any lease until the development review process is concluded and all discretionary approvals are obtained and such other requirements as may pertain to final entitlement and approval of this project are fulfilled. 6. PERFORMANCE BOND FOR PUBLIC IMPROVEMENTS hi addition to the GMP, Cingular shall also provide at no cost to the City a surety bond to guarantee completion of the Park Improvements that meet City standards for such bonds. RESPONSIBILITIES OF THE PARTIES A. Cingular. It shall be the responsibility of Cingular to diligently pursue all aspects of the application for the development of the project, including all environmental processing, all zoning processing, any supporting technical studies, and any other supporting studies as may be necessary. All costs associated with the processing of entitlements and City Memorandum of Understanding Page 2 of 4 approvals and the production of studies, planning and design for the development and Park Improvement shall be paid for by Cingular. B. City. The City, in its role as landowner, shall cooperate with and famish information to Cingular on the property. With regard to zoning approvals, the City's responsibility shall be limited to providing that level of interaction, timely response and review as provided for in regulations and ordinances of the City of San Luis Obispo. 8. OTHER MUNICIPAL PROCESSING The Parties understand and agree that those approvals required of the City acting in its governmental or regulatory capacity are separate and distinct from those approvals required by the City under this MOU. Notwithstanding anything to the contrary in this MOU, nothing herein shall be interpreted to mean that the City is any way waiving, limiting or weakening any regulatory or police power the City may have in any of its governmental capacities. It is intended that Cingular shall be obligated to fulfill such requirements as may be imposed by the City or any other governmental agency or authority having or exercising any jurisdiction over the project or over any construction to be undertaken by Cingular in, on or about said project. Refusal or failure by the City in its governmental or regulatory capacity to take a legislative action, issue any permit, license or any other action or approval sought by Cingular for construction of improvements on, or development of, the project shall not constitute a breach of this MOU. 9. NON -BINDING NATURE OF THE AGREEMENT Without obligating either of the parties, this MOU summarizes what Cingular and the City perceive to be the major deal points with respect to the project. No binding obligation is created by this MOU or can be created other than by execution of a Telecommunications Facilities Lease in the form attached hereto as Exhibit 1. Notwithstanding the foregoing, the parties agree that if a Telecommunications Facilities Lease is entered into between the parties, it shall substantially include the terms of this MOU. This MOU is an outline for discussion purposes only, is not intended to be contractual or binding for any purpose and is not an offer or representation by either party. It is designed to reflect the ideas being formulated, to provide a framework to attempt to resolve issues and concerns that have been raised, as well as for the resolution of issues and concerns which may arise. In some instances, a tentative but not binding, agreement on a matter is referred to, and in other instances, material agreements are yet to be defined and specified. The fact that any particular component or issue is not addressed in this MOU does not mean that it cannot be the subject of future discussions and negotiations, and the fact that a component is addressed does not mean that it cannot be rejected or modified by either party. Cingular further acknowledges and agrees that the officers and employees of the City, do not have authority to bind the City, and the final form of any proposed lease to be negotiated may have to contain matters not contemplated by this MOU. The parties acknowledge that neither party will be contractually bound to any agreement nor to any element of the proposed development until the final execution of a mutually acceptable lease approved and executed by authorized representatives. Alternatively, either of the parties may determine that further negotiations will not be fruitful and then terminate this MOU or allow this MOU to lapse without further liability to the other. Memorandum of Understanding Page 3 of 4 10. ACCEPTANCE AND ACKNOWLEDGEMENT CITY OF SAN LUIS OBISPO i� CINGULAR WIRELESS LLC By: IAMUOL9 -v Charles Vraq6k, Vice President Special Proj cts/Real Estate ATTE C�C- Lee Price, i Clerk wwwwalmnylen•' Exhibit 1: Form of Telecommunications Facility Lease at Santa Rosa Park Memorandum of Understanding Page 4 of 4 • 9 - � council I AcenaA nEpont CITY OF S A N LUIS OBISPO FROM: Bill Statler, Director of Finances SUBJECT: PARK IMPROVEMENT FUNDING CAO RECOMMENDATION � 4-1-03 1. Finalize funding for the Damon -Garcia athletic fields, which reduces project costs by $384,900 based on the favorable construction contract awarded in December 2002. 2. Revise funding sources for the Ludwick Community Center remodel project, using $111,100 from the Parkland D-ry-eloumetlLFgwA.(nark-iD ieu-fees) rather than from_the Geneml'F id._ 3. Authorize the CAO to amend the Santa Rosa Park telecommunications lease with Cingular Wireless to reflect park improvement changes totaling $64,453 for fencing and parking lot repaving, to be funded through adjusted "in -lieu" rental payments. Overview The Damon -Garcia athletic fields, the Ludwick Community Center remodel and Santa Rosa Park improvements under the telecommunications lease agreement with Cingular, are three separate and distinct projects. However, they share similar funding sources. The major funding change affecting these projects is the proposed "finalized" budget for the Damon -Garcia fields, which is $384,900 less than the current budget. Along with other proposed changes, this frees -up resources for other park improvement projects. As such, it makes sense to address the funding impacts for all related projects at one time rather than separately. The net result from the recommended changes in park improvement funding is to 1. Reduce General Fund appropriations by $181,700, which will help in balancing the 2003-05 Financial Plan "budget gap." 2. Make Proposition 40 funding of $225,000 available for a warm water therapy pool, which the Council has adopted as a major City goal for 2003-05. 3. Complete Santa Rosa Park improvements without any fiscal impacts on the General Fund or Parkland Development Fund in 2003-05. Damon Garcia Athletic Fields On October 15, 2002, the Council authorized the CAO to invite construction bids for the Damon - Garcia athletic fields and award the contract if it was within the engineer's estimate of CIO_ 0 $3,960,000. Bids were received on bidder at $3,363,509. Accordingly, 2002, Revised Project Budget, Based on recommended budget for this project: Page 2 ;tuber 21, 2002 and Souza Construction was the low CAO awarded the contract to them on December 6f contract award, the following summariAs the Damon -Garcia Athletic Fields: Project Costs and Funding "MmmmnCurrent Proposed Variance Project Costs (Excluding Land Purchase Study and Design 450,000 450 0 - Construction 3,960,000 3,3 ,500 596,500 Construction Management 40,000 40,000 - Development Impact Fees 162,000 176,000 (14,000) Public Art 20,000 20,000 Contingencies 198,400 396,000 (197,600) Total Project Costs 1 4,830,406 4,445,5001 384,900 Funding Sources(Excluding Land Purch se 1999 Lease Revenue Bonds 3,4 5,300 3,415,300 - CIP Reserve 70,600 70,600 State Grants - Proposition 12 391,000 391,000 - Proposition 40 225,000 225,000 Developer Fees 25,000 25,000 - Parkland Development Fund: Park In -Lieu I ees 490,000 400,700 89,300 Transfer from Other Projects Santa Rosa Park Renovations 127,500 127,500 Sinsheimer Park Improvements 86,000 1 86,000 Total Funding Sources 1 4, 30,4001 4,445,500 384 900 As reflected above, the construct n conu when the Council authorized dvettising contingency of only 5% of V engineer's budget, Public Works reco/dimends increa which is more typical Ar construction adjustment in developtyent impact fee cost; t is $596,500 less than the current budget. However, i October 2002, the project budget was based on a itimate. With additional funds available in the project tg the contingency to 10% of the engineer's estimate, ojects. With this amendment (along with a small the net savings is $384,900. This revision will free -up funding sources 4 follows: 1. $70,600 w,rll be restored to the GeneraliFund via the CIP reserve. This will become available to help finance General Fund programs anp projects in the 2003-05 Financial Plan. 2. $225,000 in Proposition 40 funds will ome available for other park improvement projects. At the April 10, 2003 Council meeting on Vajor City goal work programs, we will recommend that this be allocated to the therapy pool propct as part of the 2003-05 Financial Plan. C� r Park Improvement Funding • Page 3 3. $89,300 in park in -lieu fees will become available for other park improvement projects. As discussed below, we recommend that this be allocated to the Ludwick Center Remodel project in -lieu of General Fund support. Ludwick Center Remodel The Council awarded the construction contract for the Ludwick Community Center remodel project on February 4, 2003 to Maino Construction in the amount of $709,900. In funding this contract award, the Council appropriated an additional $111,100 from the General Fund via the completed projects account. With the funds made available from the Damon -Garcia athletic fields project ($89,300) combined with available fund balance in the Parkland Development Fund, we recommend using park -in -lieu fees ins As shown in the sidebar c , the project budget is unaffected by this change. Santa Rosa Park Improvements •Current • Proposed Variance Donation 607,000 607,000 - Proposition 12 125,300 125,300 - General Fund 200,700 89,600 111,100 Park In -Lieu Fees 111,100 111,100 Total $933,000 $933,000 $ Significant improvements with a value of $227,083 will be made to Santa Rosa Park under the telecommunications lease approved by the Council with Cingular Wireless on February 4, 2003. in finalizing plans for this work, we have identified the following workscope changes for the Council's approval: Ball Field Fencing. The current plan calls for relocating a five-foot fence as part of extending right field of the westerly softball field and removing most of the existing center parking lot in order to do so (Area A of the sidebar site plan). Given the condition of the current fence and improved protection with an eight -foot fence, we recommend installing a new fence instead at an "in -lieu" cost of $9,660. Parking Lot Repaving. As a maintenance project, parking lot repaving (Area B) is scheduled for 2003-04. However, rather than completing this work as a separate project after Cingular Wireless completes the park improvements, we recommend amending our lease agreement to include this work now at an added "in lieu" cost of $54,793. Added Trees. When the Council approved the telecommunications lease, they requested additional tree plantings in the landscaped area off Santa Rosa Street (Area Q. Cingular has agreed to do this at no added cost. !i 0 O,U,3 0 Park The net cost of these changes is $ $291,536. Cingular has agreed to payments. As shown in the chart below, park imp otherwise due under the current lease 0 l7 bringing the total cost for the park improvements to ese changes as an added credit to the "in -lieu" rent costs are applied as credits against the annual rent it. Rased on the current improvement costs of $227,083, no "cash' lease payments are due Annual Form of Payj ient In -Lieu Cash Year Rent 2003 40,000 40,000 2004 41200 41,200 2005 42,436 42,436 2006 43,709 43,709 2007 45,020 45,020 - 2008 46,371 14,718 31,653 2009 47,762 47,762 TOTAL $ 306,498 1 $ 227,083 1 $ 79,415 Note: Lease has a maximum term of 20 the credit period by a little over one year, results in being able to complete all of impacts on the General Fund or Parkland The Department of Public Works and FISCAL IMPACT The fiscal impact from the proposed 1. Reduction in General Fund CIP allo 2003-05 Financial Plan "budget gap." for the first five years, assuming a minimum increase in annual rent of 3% per year and two tenants. In the sixth year (2008), some of the lease payment will be due in cash, followed thereafter by the "normal" annual rent payments for the rest of the lease term. (For example, $47,762 is due in 2009 reflecting the first -year rent based on two tenants of $40,000, adjusted annually thereafter for the 3% minimum rent increase.) s Including the added costs of $64,453 as additional "in -lieu" rent credits will extend t cash payments starting in 2009 instead of 2008. This improvements at Santa Rosa Park without any fiscal elopment Fund in 2003-05. & Recreation concur with these recommendations. changes is favorable: of $181,700, which will help in balancing the 2. Availability of Proposition 40 fundinj in the amount of $225,000 for a warm water therapy pool, which the Council has adopted a a major City goal for 2003-05. 3. Completion of Santa Rosa Park impi ovements. without any fiscal impacts on the General Fund or Parkland Development Fund i 2003-05. G: Budget Folders/Finincial Plansr2003-05 Financial Funding/Council Agenda Report e.l -q t • LL70.05 First Amendment(64M3).doc FIRST AMENDMENT TO THE TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK THIS FIRST AMENDMENT TO THE TELECOMMUNICATIONS FACILITY LEASE AT SANTA ROSA PARK ("First Amendment") between PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company, d/bla CINGULAR WIRELESS ("Lessee") and the CITY OF NLU[SOBISPO, a municipal corporation and charter city ("Lessor") is dated as of this day of 2003. RECIT ,S A. Lessor and Lessee have entered into that certain Telecommunications Facility Lease at Santa Rosa Park dated February 11, 2003 (the "Lease"). B. Lessor desires to have Lessee make additional improvements to the park and to revise certain other Park Improvements. C. Lessor and Lessee now wish to amend the Lease pursuant to this First Amendment. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the Lease is hereby amended as follows: 1. Amendment to Section 2. Improvements, Section 2, Improvements, Subsection A(3) of the Lease is hereby deleted in its entirety, and replaced with the following: "3) Install a new eight foot (8') high softball field right field fence to the west of the newly turfed area." Section 2, Improvements, Subsection A(5) of the Lease is hereby deleted in its entirety, and replaced with the following: "5) Construct two (2) buildings for cellular equipment on the east side of the multi- use court for communications equipment and storage for recreational equipment ("radio/utility buildings")... 623103 12,49 PM Initials: _r.'. fa ,4/�-03 } 0 LA-47045 First Amendment (6-19.03).doc Section 2, rmyrovements, Subsection A(6) of the Lease is hereby deleted in its entirety, and replaced with the following: "6) Include in, or to, the northerly radio/utility building for Lessor's Fire Department the following: a) fiber and phone service access in two (2) dedicated conduits (2 inch) from Hathway Street; b) an area for Lessor's radio communications equipment with 24-hours a day, 365 days a year access; c) one (1) 20 amp electrical service dedicated to provide the Lessor's radio equipment with power only during power outages; d) two (2) dedicated conduits (4 inch) to each of the two (2) light poles; and e) assurance that only FCC licensed or approved radio systems are to be installed in the radio/utility buildings." Section 2, Improvements, Subsection A of the Lease is hereby further amended to include the following as item numbers 9, 10 and 11: 119) Re -construct the bus route through the existing parking area and install an overlay of new pavement on the parking area. 10) Construct a ten foot (10') access road to the existing gate at the north side of the baseball field. 11) Install additional trees in the landscaped area off Santa Rosa Street." Section 2, Imitrovements, Subsection A of the Lease is hereby amended to include the following: "Subject to the Lease, Lessor shall have the right to place up to six (6) whip antennas on the light poles, provided that such use does not interfere with Lessee's use of the Premises and can be placed on the light poles in a structurally sound manner." Section 2, lmorovements, Subsection D of the Lease is hereby deleted in its entirety, and replaced with the following: "Lessee shall provide a Performance Bond to Lessor to guarantee completion of the Park Improvements in the amount of at )east Two Hundred Ninety-one Thousand Five Hundred Thirty-six Dollars ($291.536.00) ("Bond"). The Bond shall be provided prior to the issuing of the building permit." &23/0312.49 PM 2 Initials: AL_ 1A-070-05 First Amendment (6-19-03).doe 2. Amendment of Section 4, Rent. Section 4, Rent, Subsection E of the Lease is hereby deleted in its entirety, and replaced with the following: "Provided in Exhibit "D" is a sample schedule of lease payments to the City, assuming the value of City's share of the cost of Park Improvements set forth in Section 2(A) of Two Hundred Ninety-one Thousand Five Hundred Thirty-six Dollars ($291,536.00). Minimum lease payments increase three percent (3%) as set forth in Section 4(B) and are scheduled for the full twenty (20) year term." 3. Amendment of Exhibit `B". Exhibit 'B", Plans and Specifications, dated November 11, 2002, of the Lease are hereby replaced in their entirety with the Exhibit 'B", Plans and Specifications, attached hereto, which are dated 3/31/03 and identified with Site Number LAA70-05-Pg-B3. 4. Amendment to Exhibit "D". Exhibit "D", Sample Schedule or Lease Payments, is hereby replaced in its entirely with the Exhibit "D", Sample Schedule of Lease Payments, attached hereto. 5. Amendment to Section 19, Notice. Lessee's address for notices is hereby deleted in its entirely and replaced with the following: "LESSEE: Cmgular Wireless Mail Code: GAN02 Attn: Network Real Estate Administration 6100 Atlantic Boulevard Norcross, Georgia 3007: 6P3103 12.49 PM 3 Initials: _ to-0t003 First Amendment (6-19.03).doc with a copy concurrently to: Cingular Wireless Attn: Legal Department 3345 Michelson Drive, Suite 100 Irvine, CA 92612" 6. Condition Precedent. This First Amendment is subject to Lessee entering into a suitable cost sharing reimbursement agreement with Verizon Wireless for the Park Improvements on terms and conditions reasonably acceptable to Lessee, which agreement Lessee shall endeavor to conclude in within thirty (30) days of the full execution and delivery of this First Amendment. 7. Capitalized Terms: Ratification. Capitalized terms used in this First Amendment without definition shall have the meaning ascribed to such terms in the Lease. Except as amended by this First Amendment, the provisions of the Lease are hereby ratified, confirmed, and affirmed in their entirety. 623a13 12:49 PM [SIGNATURE PAGE FOLLOWS[ 4 Initials LA47MS First Amendment (6d9.(3)Ao IN WITNESS WHEREOF, the parties have executed this First Amendment to the Communications Site Lease Agreement as of the date first above written. LESSOR: CITY OF SAN LUIS OBISPO, a municipal corporation and charter city APPROVED AS TO FORM Attorney LESSEE: PACIFIC BELL WIRELESS, LLC, A NEVADA LIMITED LIABILITY COMPANY, d/b!a CINGULAR WIRELESS By: GSM FACILITES, LLC, its sole member By: CINGULAR WIRELESS LLC, its agent By: r N- ill- — 4!— Charles VOlnek Vice President, Special Projects/Real Estate G23103 12:49 PM s Initials: _ 51 0 EXHIBIT B See attached plans and specifications dated 3/31/03 and identified with Site Number LA-470-05- P8-B3. Note: The costs of the exterior lighting on the buildings and the new lighting poles at the skateboard/roller hockey park are not included in the $291,563.00 cost. If the City chooses to go forward with these enhancements, it will contract directly with Specialty Construction for this work. f LA-47"5 First Amendment (&I"3).doc EXHIBIT D SAMPLE SCHEDULE OF LEASE PAYMENTS `S4'�r�Lltic.� {ifU Y:ary Because of variables in the Agreement such as minimum annual adjustments to rent, renewal options and final actual cost of Park Improvements, it is not possible to prepare a "fixed" lease payment schedule. However, to ensure a clear understanding between the Lessor and Lessee, the following is a sample schedule of lease payments based on the following assumptions: L City improvements value of $291,536 as set forth in Section 2(D) of the Agreement (subject to good faith upward or downward final adjustment based on the actual final construction cost of the Park Improvements). 2. Maximum term of twenty (20) years as set forth in Section 3 of the Agreement. 3. Payment due date on the anniversary of the Commencement Date of each year as set forth in Section 4(A) of the Agreement. 4. Credit of the value of City improvements against annual rent payments as set forth in Section 4(A) of the Agreement. 5. Minimum annual rent increase of three percent (3%) as set forth in Section 4(B) of the Agreement. 6. Two tenants throughout the twenty (20) year term as allowed under Section 22 of the Agreement. Sample Schedule of Annual Annual Form Of P ent In -Lieu Cash Year Rent 2003 $40,000 $40,000 $0 2004 41,200 41,200 0 2005 42,436 42,436 0 2006 43.709 43,709 0 2007 45,020 45,020 0 2008 46,371 46,371 0 2009 47,762 32,800 14,962 2010 49,195 49,195 2011 50,671 50,671 2012 62,191 52,191 2013 53,757 53,757 2014 55,370 55,370 2015 57,031 67,031 2016 58,742 58,742 2017 60,504 60,504 2018 62.319 62,319 2019 64,189 64,189 2020 66,115 66,115 2021 68,098 i 68,098 2022 70,141 i 70,141 TOTAL $1,074,821i $291.536 $783,285 623/03 12:99 PM 7 Initials: