HomeMy WebLinkAbout02/01/2005, C2 - TELECOMMUNICATIONS FACILITY LEASE AT LAGUNA LAKE GOLF COURSE council
February 1,2005
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CITY OF SAN LUIS' ' OBISPO
FROM: Paul LeSage, Parks and Recreation Director
SUBJECT: ` TELECOMMUNICATIONS FACILITY LEASE AT LAGUNA LAKE GOLF
COURSE
CAO RECOMMENDATION
As recommended by the Parks and Recreation Commission,the Architectural Review Commission,
and the Planning Commission, adopt a lease agreement with Sprint PCS Assets, L.L.C. for a
telecommunications facility at Laguna Lake Golf Course.
DISCUSSION
Overview
On June 1, 2004, the City entered into a Memorandum of Understanding (MOU) with Sprint PCS
Assets, L.L.C. to lease.a portion of Laguna Lake Golf Course for a telecommunications facility.
The MOU stated that if Sprint PCS Assets,L.L.C. received discretionary planning approvals for the
project, the City would enter into a lease agreement (Attachment 1) for the use of a portion of the
Laguna Lake Golf Course that includes the following key terms:
1. Annual Rent. The starting rent will be $25,000 annually per tenant, payable annually in
advance. This will increase annually by 3% or the increase in the Consumer Price Index,
which ever is greater.
2. Term. The initial term will be five years, which may be extended for three additional
five-year terms at Sprint PCS Assets, L.L.C.'s option. In essence, this is a 20-year
agreement, unless Sprint PCS Assets,L.L.C. decides to end it sooner.
Commission Approvals
Parks and Recreation Commission
The Parks and Recreation Commission reviewed this project on May 5, 2004 (Attachment 2). In
that review, the Commission endorsed this project which included all landscape plans as well as
photos and drawings of the cellular tower camouflaged as a tree. The Commission was satisfied
with the stealth look of the tower and landscape plans.
Architectural Review Commission
On December 20, 2004, the Architectural Review Commission (ARC) granted final architectural
approval of the project, based on findings and subject to conditions and code requirements
(Attachment 3). The ARC felt that the height and scale of the simulated pine tree was
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Council Agenda Report—Teiecommunications Facility Lease at Laguna sake Golf Course page 2
appropriate at the proposed location and provided a "stealth" installation for the six (6) panel
antennas consistent with Zoning Regulation requirements. ARC approval included a condition
to add several feet of artificial limbs to the top of the tree to create a natural tapered appearance.
Planning Commission
On January 12, 2005, the Planning Commission approved a use permit to allow a 60-foot tall
wireless telecommunications facility camouflaged as a pine tree at the subject site, based on
findings and subject to conditions and code requirements (Attachment 4). The Commission
supported the proposed height of the facility (60-feet), which allows for future co-location of an
additional wireless carrier, and found that the project could be installed and maintained without
jeopardy to persons or property within or adjacent to the site.
CONCURRENCES
As previously note, the project was reviewed and approved by the Parks and Recreation
Commission, the Architectural Review Commission, and the Planning Commission.
FISCAL IMPACT
The revenue from this lease agreement is $25,000 per year for the golf fund; with an annual
increase of 3%G a year or changes in the Consumer Price Index, whichever is greater.
ALTERNATIVES
1. Do Not Approve the Lease Agreement. This would result in less revenue to the City
and would also be inconsistent with the Council's direction on June 1, 2004.
2. Amend the Provisions of the Lease Agreement. In this case, the Council would need
to identify the specific changes it wants. However, the proposed lease agreement is
consistent with the general terms and condition_s conceptually approved by the Council in
June of 2004.
ATTACHMEENTS
1. Lease Agreement
2. Parks and Recreation Commission Minutes of May 5, 2004
3. Architectural Review Commission Report and Draft Minutes of December 20, 2004
4. Planning Commission Draft Minutes of January 12, 2005
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TELECOMMUNICATIONS FACILITY LEASE AT LAGL,rA LAKE GOLF COURSE
This Lease is made and entered into this — day of 2004, by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred to as "Lessor'),
and SPRINT PCS ASSETS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (hereinafter referred
to as"Lessee").
RECITALS
This Lease is made and entered into with respect to the following facts:
A. Lessor is the owner of the property described in Exhibit A, located at 11175 Los Osos Valley
Road, San Luis Obispo, California,commonly known as Laguna Lake Golf Course.
B. Lessee has requested permission to construct a wireless communications facility to be located
at Laguna Lake Golf Course and Lessee is willing to construct and dedicate certain public improvements to
Lessor. Lessor is willing to lease a portion of Laguna Lake Golf Course to Lessee upon the terms and
conditions hereinafter set forth.
C. Lessee warrants that the facility will not interfere with the Department of Parks and
Recreation's operations or the public's use of the course.
D. This Lease is conditioned upon Lessee obtaining all governmental permits and approvals
enabling Lessee to construct and operate wireless communications facilities on the Premises,as defined below.
E. Lessor and Lessee have heretofore entered into a Memorandum of Understanding dated
June 1, 2004 concerning Laguna.Lake Golf Course:
NOW THEREFORE, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land located in the City of San Luis Obispo,
County of San Luis Obispo, State of California, located at 11175 Los Osos Valley Road, San Luis Obispo,
California, 93401, commonly known as Laguna Lake Golf Course. The land is more particularly described in
Exhibit A, attached hereto. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from
Lessor approximately one four hundred (400) square feet of the land and all access and utility easements
described in Exhibit B attached hereto, and by this reference made a part hereof(hereinafter referred to as the
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"Premises"). This Lease is subject to the terms, covenants and condii.—as hereinafter set forth and Lessee
covenants, as a material part of the consideration for this Lease, to keep and perform each and every term,
covenant and condition of said Lease.
During the term of this Lease, Lessor also grants to Lessee an irrevocable, nonexclusive right of
ingress and egress, seven days a week, twenty-four (24) hours a day, and the right to install and maintain
underground utility wires and cables and conduits and pipes (1)from the Premises to the nearest public right-
of-way,and(2)from the radio equipment to the antennas.
2. Improvements.
A. Lessee shall design and perform, construct or erect or cause to be constructed or
erected at its sole cost the following minor improvements("Improvements")as shown on Exhibit"B:"
1) Construct a building or unit for cellular equipment on the northwest side of
the Maintenance Shop.
2) Construct a structure (tree-type) to hold the antennas to be located on the
southerly side of the Maintenance Shop.
3) Install landscaping and replace chain link on the east side of the Maintenance
Shop and landscape the front driveway entrance.
4) Install one 2-inch HDPE conduit for City services at the Maintenance Shop,
intercept existing City communication conduit, and place City standard pullbox with traffic cover.
5) Making other minor improvements as may be necessary to successfully
complete this project.
B. Lessee shall also erect on the Premises communications facilities, which include; but
are not limited to, equipment shelters, radio frequency transmitting and receiving equipment, batteries, utility
lines, transmission lines, radio frequency transmitting and receiving antennas, and supporting structures and
improvements (hereinafter "Lessee's Facilities") as shown on Exhibit "B". The plans for the Improvements
and Lessee's Facilities (landscaping, irrigation, fencing, building, concrete, and all related improvements) as
shown on Exhibit 'B" shall have the prior written approval of Lessor in its municipal capacity (not in its
capacity as landlord). Lessee shall dedicate the Improvements to Lessor upon completion thereof.
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C. The Linprovements shall be performed by Lt—,ce under the authority, direction,
supervision,and approval of Lessor. Lessee shall submit construction plans to the City's Director of Parks and
Recreation for approval prior to submitting the application and plans to the Community Development
Department for building permit procession and approval.
D. Lessee acknowledges and understands that the improvement is a public construction
project subject to the competitive bidding requirement contained in California Public Contracts Code Section
20162 and the prevailing wage requirement contained in California Labor Code Section 1771.
3. Term The initial term of this Lease shall be for five (5) years ("Initial Term") commencing
with the issuance of a City building permit to construct the Lessee's Facilities and Improvements. This Lease
shall automatically be renewed on the same terms and conditions, for three (3) additional terms (each a
"Renewal Term") of five (5) years each, unless Lessee notifies Lessor of its intention not to renew, at least
sixty(60)days prior to the expiration of the Initial Term or any Renewal Term.
4. Rent. Rent shall be paid annually in advance as follows:
A. Lessee shall pay to Lessor as annual rent on or before the Commencement Date of the
Lease the sum of Twenty-Five Thousand Dollars ($25,000.00) ("Annual Rent") without deduction, setoff,
notice or demand.
B. Annually thereafter, Lessee shall pay to Lessor as Annual Rent for that lease year
without deduction, setoff, notice, or demand the previous year's Annual Rent multiplied by the CPI Adjuster,
or multiplied by three percent(3%), whichever is greater.
C. The CPI Adjuster means a percent, which is calculated by dividing the United States
Consumer Price Index (All Urban Consumers) published by the Bureau of Labor Statistics of the U.S.
Department of Labor three (3) months prior to the adjustment date by the base Index number published three
(3) months prior to the Commencement Date, or previous adjustment date, as applicable. If the Index is
changed so that the base Index number differs from that in effect when the first extended term commenced, the
Index shall be converted in accordance with the conversion factor published by the Bureau of Labor Statistics.
If the Index is discontinued or revised during an extended term, such other government index or computation
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with which it is replaced shag be used in order to obtain substantially th,,-.ame result as would be obtained if
the Index had not been discontinued or revised.
D. If Lessee fails to pay the Annual Rent within thirty (30) days after such rent is due,
Lessee shall pay a late fee of one and one half percent(1.5%) per month. This late charge does not establish a
grace period. Lessor and Lessee agree that the charge is presumed to be the damages sustained by Lessor for
Lessee's late payment of rent and that it is impracticable or difficult to fix the actual damages.
5. Termination for Convenience. Notwithstanding, the initial and renewal terms set forth in
Section 3, Sprint PCS may terminate this Lease without further liability by delivering 60 days prior written
notice. In this event, Lessee's improvements shall be removed in accordance with Section 18 of this Lease,
without refund of previously paid rent; a terminitation fee of one(1) year's current rent shall be paid to Lessor.
6. Use.
A. Lessee shall use the Premises for the sole purpose of constructing, maintaining,
securing and operating wireless communications facilities including the construction of equipment buildings
and installation of required antennas and related communications equipment upon the new stealth poles all as
listed, depicted, and described in the "Lessee's Facilities" which is attached hereto as Exhibit`B" and hereby
incorporated by reference. Any other use of the Premises or use of equipment not described in Exhibit `B," is
not authorized and shall constitute a breach of this Lease.
B. Lessee must obtain all discretionary permits and approvals required by Lessor in its
municipal capacity. Installation of a new wireless telecommunication or modification of an existing
installation shall require use permit approval and architectural review. The applicant shall submit application
materials and fees as required by the Community Development Department. Wireless communications
facilities shall not be constructed, installed or modified prior to obtaining a City building permit. It shall be the
responsibility of the owner/operator of a telecommunications facility to provide the City with a notice of intent
to modify site equipment in any way. Lessor shall reasonably cooperate (at no expense to Lessor) with Lessee
in connection with Lessee's efforts to obtain all such permits and approvals; provided, however, Lessor shall
not be obligated to apply for any permits or approvals with Lessee: Construction of Lessee's Facilities and the
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Park Improvements shall be at Lessee's sole expense. Further, Lessee ....all maintain the Lessee's Facilities
free from hazards or risk to the public health,safety and welfare.
C. At all times throughout the term of this Lease, Lessee's use of the Premises shall be in
conformance with,and subject to all conditions of,any and all discretionary permits in effect.
D. Lessor agrees that Lessee's ability to use the Premises is dependent upon Lessee's
obtaining all necessary certificates, permits and/or other approvals which may be required from Lessor in its
municipal or regulatory capacity and from any federal, state or other local authority. Lessor agrees to
cooperate with Lessee as to Lessee's obtaining such certificates, permits or other approvals. In the event
Lessee is unable to obtain any necessary certificate, permit or other approval in order to operate or construct
the Park Improvements or Lessee's Facilities, Lessee may terminate this Lease as provided herein, upon thirty
(30)days prior written notice.
E. Facility cannot be operational until final acceptance by the Lessor.
7. Interference.
A. Lessee warrants that its construction, repair and operation of Lessee's Facilities will
not interfere with Lessor's fire,police, public works and other public safety or city department communication
broadcasts or frequencies. All operations by Lessee shall be in compliance with all Federal Communications
Commission requirements and all applicable laws.
B. IfLessor suspects or has reason to believe that Lessee's use of the Premises creates
radio or television interference for nearby residents or interference with Lessor's communication systems, and
if Lessee(i)does not proceed diligently to eliminate such interference, or(ii)provide evidence that Lessee and
the sublease tenant are not the source of such interference, within ten (10) business days after notice from
Lessor to do so,Lessor may immediately terminate this Lease by giving notice to Lessee.
C. Lessee shall provide Lessor with a contact person who shall be available twenty-four
(24) hours a day to receive reports of any interference with Lessor's frequencies. In the event that there is
interference with Lessor's public safety frequencies,Lessee shall immediately cease the operations creating the
interference when directed to do so by the City's Director of Finance and/or Information Technology until
such time that the interference can be eliminated to the satisfaction of the Information Technology Division.
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Lessee's failure to immediaLcty cease such operations shall be consin._-d a material breach of this Lease
notwithstanding Paragraph 6.B. above.
8. Radio Frequency Emission Exposure.
A. No wireless telecommunication facility shall be sited or operated in such a manner
that it violates any condition of its Federal Communication Commission's (FCC) permit or license. To that
end no facility or combination of facilities shall produce at any time power densities in any inhabited area that
exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and
power density for transmitters or any more restrictive legally enforceable and applicable standard subsequently
adopted or promulgated by the city,county, the state of California, or the federal government. For purposes of
radio frequency emissions, compliance with FCC exposure limitations shall constitute a conclusive
presumption that there is no hazard or risk to the public health, safety or welfare.
B. Initial compliance with this requirement shall be demonstrated for any facility within
three hundred (300) feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc. and
all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of
application for the necessary permit or entitlement, calculations specifying MPE levels in the inhabited area
where the levels produced are projected to be highest. If these calculated levels exceed eighty percent (80%)
of the MPE limits, the applicant shall hire a qualified electrical engineer licensed by the State of California to
measure exposure levels at the location after the facility is in operation. A report of these measurements and
the engineer's findings with respect to compliance with MPE limits shall be submitted to the Community
Development Director. Lessee's Facilities shall not commence normal operations until it complies with, or
has been modified to comply with this standard. Proof of compliance shall be a certification provided by the
engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may
require, at the applicant's expense, independent verification of the results of the analysis.
C. Every wireless telecommunication facility within three hundred (300) feet of an
inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with its
FCC permit or license and MPE limits. Every five (5) years a report listing each transmitter and antenna
present at the facility and the effective radiated power radiated shall be submitted to the Community
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Development Director. If either the equipment or effective radiate sower has increased, calculations
specifying exposure levels in the inhabited areas where the levels are projected to be highest shall be prepared.
Calculations shall also be prepared every time the adopted WE limits change. If calculated levels in either of
these cases exceed eighty (80%) of the MPE limits, the operator of the facility shall hire a qualified electrical
engineer licensed by the State of California to measure the actual exposure levels produced. A report of these
calculations, required measurements, if any, and the engineer's findings with respect to compliance with the
current MPE limits shall be submitted to the Community Development Director within five(5)years of facility
approval and every five (5) years thereafter. In the case of a change in the limits, the required report shall be
submitted within ninety (90)days of the date the change becomes effective.
D. Failure to supply the required reports or to remain in continued compliance with any
FCC license,permit or WE limits shall be considered a material breach of this Lease.
9. Visual Mitigation. Lessee will use a variety of visual mitigation strategies for all of its
facilities, as determined necessary by the Community Development Director and as required through the
Architectural Review process, with the goal of achieving a 100% stealth installation. Facilities shall be
creatively designed to minimize the visual impact to the greatest extent possible by means of placement,
screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to
accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that
the antenna(s) and equipment are not apparent to the casual observer. The light poles in which antennas are
located shall not exceed fourteen (14) inches in diameter. No more than one carrier shall install antennas in
any given light pole. Ground mounted support equipment shall be undergrounded or otherwise screened from
view so as to be effectively unnoticeable. All connections and conduits between the base of the antenna(s)and
support equipment shall be undergrounded. Electrical and telephone service to the support equipment shall be
undergrounded.
10. Noise. Each facility shall be operated in a manner that minimizes any possible disruption
caused by noise to people working and living in the vicinity. At no time shall equipment noise from any
source exceed an exterior noise level of 55 dB at the property line or within 20 feet of such equipment,
whichever is less. This requirement may be modified at the discretion of the Community Development
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Director where typical ambicat noise levels exceed 55 dB. Outdoor n.._..c producing construction activities
shall take place only on weekdays between the hours of 8:00 am and 5:00 pin unless a different schedule is
approved as part of the use permit. Any facility utilizing temporary backup generators shall be required to
meet or exceed Air Pollution Control District Standards. All generators shall be fitted with approved air
pollution control devices. The cellular site shall not be in operation prior to the issuance of a Certificate of
Occupancy from the Community Development Department. Projects that propose to include backup
generators shall require review and approval from the Air Pollution Control District. Project plans shall
indicate location, size, horsepower and type of fuel used for any proposed generator. Generators shall only be
operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only
take place on weekdays between the hours of 10:00 am and 2:00 pm.
11. Nondiscrimination. Subject to applicable laws, rules, and regulations, Lessee shall not
discriminate against any person or group on the basis of age, sex, sexual orientation, AIDS, AIDS related
condition, marital status,race,religion,creed,ancestry,national origin,disability, or handicap.
12. Subsurface Restrictions. The parties agree that this Lease covers only the surface of the
Premises and only so much of the subsurface as is reasonably necessary for Lessee's use of the Premises as
permitted in this Lease (including, without Limitation, (i) the foundation for Lessee's monopole antenna
structure and building, and (ii)cables, conduits and pipes within the Premises to connect Lessee's
communications equipment within such building to the antennas to be constructed and maintained by Lessee
within the Premises).
13. Liens. Lessee shall keep the premises free of mechanic's, material supplier's or other liens for
any work done, labor performed or materials furnished therein by or for Lessee, and Lessee shall defend,
indemnify and hold Lessor, its officials, employees and agents harmless from and against all claims, liens,
demands, causes of action, liability, loss, cost and expense (including reasonable attorney's fees) of whatever
kind for any such work done, labor performed or materials fumished..
14. No Utilities. Lessor shall not provide any utilities to the Premises. Lessee shall be permitted
to install utility lines, meters for electricity, and shall arrange and pay for the installation and use of all utilities
of whatsoever kind to the Premises.
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15. Maintenance.
A. Lessee shall, at Lessee's sole cost and to the satisfaction of Lessor, maintain Lessee's
Facilities and all related improvements (except the Park Improvements as shown on Exhibit `B") in good
condition, free from rodents, weeds, noxious plants and wild growth, in substantial repair, in a safe and
sanitary condition, and in compliance with all applicable laws and regulations and shall promptly repair any
damage caused by Lessee. If Lessee fails to maintain the Lessee's Facilities asrequired herein, Lessor may
notify Lessee of said failure. If Lessee fails to correct the situation within thirty (30) days after notice or such
longer period as may be established by Lessor,Lessor may make the necessary correction and the cost thereof,
including but not limited to the cost of administration, and labor, materials, equipment, shall be paid by Lessee
within thirty (30) days after receipt of a statement of said cost from Lessor. If said statement is not timely
paid,Lessor may, at its option,choose any remedy available herein or by law,including the termination of this
Lease. Lessee hereby waives to the extent permitted by law any right to make repairs at the expense of Lessor
or to vacate the Premises in lieu thereof as may be provided by law.
B. Lessor shall have no duty to maintain or repair Lessee's Facilities or any of Lessee's
improvements.
16. Taxes. Lessee acknowledges that this Lease may create a possessory interest subject to
property taxation and that Lessee may be liable for payment of taxes levied on such interest. Lessee shall
promptly pay, prior to delinquency, all taxes, assessments and other governmental fees that may be lawfully
levied against the Premises and any improvements or personal property located on the Premises and on any
possessory interest created by this Lease,and provide proof of payment to Lessor on demand.
17. Insurance. Concurrent with the execution of this Lease, Lessee shall procure and maintain, at
its cost, during the initial and any extended or Renewal Term of this Lease from an insurer admitted in
California or having a minimum rating of or equivalent to A: VII in Best's Insurance Guide:
A. Comprehensive General Liability insurance with a combined single limit of at least
Five Million Dollars ($5,000,000) for each occurrence. Lessor, its officials, employees and agents shall be
covered as additional insured's with respect to liability arising from activities performed by or on behalf of
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Lessee. Said insurance shat, oe primary insurance with respect to Les_ _ and shall contain a cross liability
endorsement.
B. "All Risk" property insurance in an amount sufficient to cover the full replacement
value of Lessee's personal property, improvements and equipment on the Premises.
C. Upon the execution of this Lease, Lessee shall deliver to Lessor certificates of
insurance with original endorsements evidencing the coverage required by this Lease. The certificates and
endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
D. Said insurance shall contain an endorsement requiring thirty (30) days prior written
notice from insurer to Lessor before cancellation or change of coverage.
E. Said insurance may provide for such deductibles or self-insured retention as may be
acceptable to the City's Risk Manager or designee. In the event such insurance does provide for deductibles or
self-insured retention, Lessee agrees that it will fully protect Lessor its officials and employees in the same
manner as these interests would have been protected had a policy of commercial insurance been in effect.
With respect to damage to property, Lessor and Lessee hereby waive all rights of subrogation, one against the
other,but only to the extent that collectible commercial insurance is available for said damage.
F. The procuring of insurance shall not be construed as a limitation on Lessor's liability
or as full performance on Lessee's part of the indemnification provision of this Lease. Lessee understands and
agrees that, notwithstanding any insurance, Lessee's obligation to defend and indemnify Lessor, its officials
and employees hereunder is for the full amount of any damage, loss cost or expense.
G. Any modification or waiver of these insurance requirements shall only be made with
the written approval of the Lessor's Risk Manager or designee.
18. Removal of Improvements. On the expiration or sooner termination of this Lease, Lessee at
Lessee's sole cost shall have the right to remove Lessee's Facilities (with the exception of the Park
Improvements as shown on Exhibit B)erected on the Premises by Lessee by giving notice of its intention to do
so to Lessor and by removing same within forty-five (45) days after expiration or sooner termination of this
Lease. Lessor may treat any such buildings or improvements as abandoned if Lessee fails to timely remove
them and, in such event, (a)Lessor shall be deemed owner of them without accounting to Lessee, or(b)Lessor
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may cause their removal at ,,essee's cost, with the exception of the`�_.terground conduits which may be
abandoned in place by Lessee.
19. Relocation. Lessee agrees that nothing contained in this Lease shall create any right in Lessee
for any relocation payment or assistance pursuant to the provisions of Title 1, Division 7, Chapter 16 of the
California Government Code from Lessor on account of the expiration or sooner termination of this Lease.
20. Notice. Any notice required hereunder shall be in writing and personally delivered or
deposited in the U.S. Postal Service, registered or certified, return receipt, postage prepaid, to the address of
the respective parties set forth below:
LESSOR: LESSEE:
Parks and Recreation Director Sprint Contracts and Performance
City of San Luis Obispo Mailstop KSOPHT010-Z2650
1341 Nipomo Street 6391 Sprint Parkway
San Luis Obispo, CA 93401 Overland Park, KS 66251-2020
ATTN: Sprint Real Estate Attorney
Notice shall be deemed effective on the date shown on the return receipt or on the date personal delivery is
made, whichever first occurs. If delivery is refused,the date of deposit of the copy in the mail shall be deemed
the date of notice. Change of address shall be given as provided herein for notices.
21. Hazardous Materials and Waste.
A. Lessee shall comply with all applicable laws regarding the use, storage and disposal of
hazardous materials on the Premises. Lessee shall comply with California Health and Safety Code Section
25359.7 or its successor regarding notice to Lessor on discovery by Lessee of the presence or suspected
presence of any hazardous substance on the Premises.
B. Lessee shall not bring any hazardous materials onto the Premises except for those
contained in its back-up power batteries and common materials used in telecommunications operations, e.g.,
cleaning solvents. Lessee shall treat all hazardous materials brought onto the Premises by it in accordance
with all federal, state and local laws and regulations.
C. Lessee shall specify any proposed generator usage and its proposed location.
D. Lessor represents that the Premises have not been used for the generation, storage,
treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor
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represents that no hazardous materials, hazardous substances, or ha, ious wastes, pollutants, asbestos;
polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil, or any fraction or derivative
thereof), or underground storage tanks are located on or near the Premises.
22. Indemnity. Lessee shall defend, protect, indemnify and hold harmless Lessor, its officials,
employees and agents from all claims, demands, damages, causes of action, losses, liability, costs or expenses;
including reasonable attorney's fees, of any kind or nature whatsoever (except those resulting from Lessor's
sole negligence or willful misconduct) which Lessor, its officials, employees and agents may incur for injury
to or death of persons or damage to or loss of property occurring in; on or about the Premises arising from the
condition of the Premises (other than conditions existing prior to Lessee's occupancy of the Premises), the
alleged acts or omissions of Lessee, any parent, subsidiary, affiliate or partnership in which any such entity
participates; Lessee's officers, employees or agents, the occupancy, use or misuse of the Premises by Lessee,
any parent, subsidiary, affiliate or partnership in which any such entity participates, Lessee's officers,
employees or agents,or any breach of this Lease.
Lessor shall protect, indemnify and save harmless Lessee; and its officers, agents and employees,from
and against all claims, demands and causes of action by Lessor's employees or third parties on account of
personal injuries or death or on account of property damages arising out of the use of the Premises by Lessor
hereunder and resulting from the sole negligence or willful misconduct of Lessor or its officers, agents and
employees.
23. Assignment and Subletting. Except for an assignment, sublease or transfer to Lessee's
affiliate,parent, subsidiary, member or partner, or as a result of a merger or sale of substantially all of Lessee's
assets ("Permitted Assignment"), Lessee shall not assign or transfer this Lease or any interest herein, without
the prior written consent of Lessor which shall not be unreasonably withheld, provided, however, that Lessee
shall notify Lessor in writing of a Permitted Assignment within thirty(30)days. To obtain Lessor's consent to
a proposed assignment or transfer (hereinafter collectively referred to as "transfer"), Lessee shall meet the
following requirements and Lessee's failure to meet any requirement shall allow Lessor to withhold consent:
A. Lessee shall notify Lessor at least sixty(60)days prior to the date when Lessee desires
the transfer to take effect("Transfer-Date") which notice shall contain the name, address and telephone number
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of the proposed transferee; Lne nature of the proposed transferee's _.,iness and details of its business
experience.
B. Lessor shall notify Lessee at least thirty days (30) days prior to the Transfer Date
whether Lessor approves or disapproves of the proposed transfer.
C. Any approved transferee shall assume and be deemed to have assumed this Lease and
shall be jointly and severally liable with Lessee for the payment of rent and performance of the terms,
covenants, and conditions of this Lease. No approved transfer shall be binding on Lessor until such transferee
shall deliver to Lessor a counterpart of the transfer agreement with contains a covenant of assumption by
transferee but the failure or refusal to execute or deliver such instrument shall not release transferee from its
liability as stated herein.
D. The consent of Lessor to any transfer shall not relieve Lessee of the obligation to
obtain such consent to any further transfer. Further, neither this Lease nor any interest herein shall be subject
to transfer by attachment, execution, proceedings in insolvency or bankruptcy (either voluntary or
involuntary), or receivership. In the event of the transfer without the prior written consent of Lessor, such
transfer shall be voidable at Lessor's election and, if voided by Lessor, shall convey no interest. Any transfer
without Lessor's consent shall constitute a default of this Lease.
E. To obtain Lessor's consent to a sublease, Lessee shall meet the following
requirements and Lessee's failure to meet any requirement shall allow Lessor to withhold consent:
1) The Lessee must pay to Lessor the same amount of Annual Rent on the
sublease tenant's behalf as the Lessee ("Additional Annual Rent"). For example, if there were two sublease
tenants by the beginning of the third year of this Agreement, the total rent due from the Lessee would be
$79,567.50: the Annual Rent for the Lessee ($26,522.50, which is the first year's rent of$25,000 increased by
3% for two years) and the Additional Annual Rent for the two sublease tenants ($26,522.50 each). While the
Lessee may require the sublease tenant to pay this amount as part of their sublease agreement with the Lessee,
payment of the Additional Annual Rent is the sole responsibility of the Lessee, and is subject to the same
terms,conditions and remedies as the Annual Rent.
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2) _ Lessee shall notify Lessor at least six,, X60) days prior to the date when
Lessee desires the sublease to take effect ("Sublease Date"), which notice shall contain the name, address and
telephone number of the proposed sublease tenant; the nature of the proposed sublease tenant's business and
details of its business experience. The first year of Additional Annual Rent shall be paid prior to the Sublease
Date and will be prorated to the Lessee's Annual Rent payment due date; and shall be due annually thereafter
with the Annual Rent.
3) Lessor and Lessee agree (by way of example and without limitation) that it
shall be reasonable for Lessor to withhold its consent if any of the following exist or may exist: the proposed
transferee's use of the Premises conflicts with or is inconsistent with the use of the Premises stated herein; the
Lessee is in default under this Lease at the time the request for sublease is made and has not cured such
default, if the same can be cured,prior to ten(10)business days prior to the Sublease Date..
4) The sublease tenant is subject the same terms and conditions of this
Agreement as the Lessee.
5) Lessor shall notify Lessee at least fifteen (15)days prior to the Sublease Date
whether Lessor approves or disapproves of-the proposed sublease.
24. No Permits. Lessee shall not grant any rights-of-way, easements, franchises or permits in, on
or across the Premises.
25. Encumbrances. Lessee shall take the Premises subject to any and all existing easements and
other encumbrances.
26. Reservations. Lessor reserves the right to grant franchises, easements, rights-of-way or
permits for pipeline purposes which will not interfere with Lessee's use of the Premises.
27. Default. The occurrence of any of the following acts shall constitute a default by Lessee:
A. Failure to pay Annual Rent or Additional Annual Rent when due where such failure
shall continue for a period of ten(10)days after Lessee's receipt of written notice from Lessor.
B. Failure to perform any of the terms, covenants or conditions of this Lease if said
failure is not cured within thirty (30) days after Lessee's receipt of written notice from Lessor of said failure.
If the default cannot reasonably be cured in thirty (30) days after receipt of such notice,Lessee shall not be in
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default if Lessee begins to cure within the thirty-day period and diligc___y proceeds to cure to completion.
Lessor's notice shall describe the default and shall demand that Lessor perform or quit the Premises. No such
notice shall be deemed a forfeiture or termination of the Lease unless Lessor so elects in the notice.
C. Any attempted assignment, transfer or sublease except as permitted in Section 22
hereof.
D. Failure to maintain all necessary permits and business licenses required by the City in
its municipal or regulatory capacity or failure to pay any fees for permits or licenses to the City when due.
E. Failure to report or pay to the City all applicable sales taxes, transient occupancy
taxes, business taxes, utility taxes or other excise taxes, when due.
Subject to the terms of this Section, if Lessee does not comply with each term, covenant and
condition of this Lease or if a default occurs, then Lessor may terminate this Lease and Lessor may then enter
the Premises and take possession thereof provided, however, that these remedies are not exclusive but
cumulative to other remedies provided by law in the event of Lessee's default, and the exercise by Lessor of
one or more rights and remedies shall not preclude the Lessor's exercise of additional or different remedies for
the same or any other default by Lessee.
F. Failure to perform any of the terms, covenants or conditions of this Lease if said
failure is not cured within thirty (30) days after Lessee notifies Lessor of said failure shall constitute a default
by Lessor of this Lease. If the default cannot reasonably be cured in thirty (30) days after receipt of such
notice, Lessor shall not be in default if Lessor begins to cure within the thirty (30) day period and diligently
proceeds to cure to completion.
28. Right of Entry.
A. In the event of an emergency which poses an immediate threat of harm or damage to
persons or property, Lessor may enter the Premises and take such actions as are required to protect persons or
property from such immediate threat of harm or damage, provided that promptly after such emergency entry
into the Premises(and in no event later than twenty-four(24)hours)Lessor gives telephonic and written notice
to Lessee of Lessor's entry into the Premises. In addition to Lessor's rights under the immediately preceding
sentence, Lessor shall have the right,upon forty-eight(48)hours prior telephonic notification to Lessee(which
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notification shall specify the uate and time at which Lessor seeks to entc__.le Premises), to enter the Premises
to determine whether or not Lessee is complying with this Lease and to serve, post or keep posted any notice.
Except in the event of an emergency, Lessor agrees that it shall not enter the Premises without a representative
of Lessee being present, and Lessee agrees to make its representative promptly and readily available to
accompany Lessor on the date and at the time given in Lessor's telephonic notice. If Lessee fails to make its
representative available on the date and at the time given in Lessor's telephonic notice or at a mutually
agreeable time, then Lessor may enter the Premises accompanied by a peace officer.
B. Lessee shall install a lock box system on the Premises and give the City access to the
lock box in order to allow the City to inspect the Premises pursuant to Paragraph A above.
29. Signs. Lessee shall not place, affix, maintain or permit any sign, advertisement, name,
insignia, logo, descriptive material or similar item (collectively "sign") on the Premises without the prior
written approval of Lessor. Any approved sign shall be maintained by Lessee in good condition at all times.
Lessor may removeany sign not approved by Lessor at Lessee's cost. The cost of removal shall be additional
rent.
30. Condemnation. If the whole of the Premises shall be taken by any public or quasi-public
authority under the power of eminent domain, then this Lease shall terminate. If any part of the Premises shall
be taken under the power of eminent domain, then this Lease shall terminate as to the part taken, as of the day
possession (of that part) is required for any public purpose, and on or before that day Lessee shall elect in
writing either to terminate this Lease or to continue in possession of the remainder of the Premises provided,
however, that rent shall only be reduced in proportion to the amount of the Premises taken if Lessee is unable
to operate at the same level after the condemnation as before the condemnation. All damages awarded for any
taking shall belong to Lessor, whether such damages be awarded as compensation for diminution in value to
the leasehold or to the fee provided, however, that Lessor shall not be entitled to any portion of the award
made for loss of Lessee's business or relocation expenses.
31. Nuisance. Lessee shall not do or permit to be done in or on the Premises any act, which may
be an unreasonable nuisance, annoyance or inconvenience to Lessor, Lessor's tenants on or occupants of
adjoining property,or to the neighborhood.
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32. Exculpation.-Except as expressly provided herein,Less,,- nall not be liable to Lessee for any
damages to Lessee's property from any cause: To the extent permitted by law, Lessee waives all claims
against Lessor for damage or injury to persons or property arising or alleged to have arisen from any cause
whatsoever, except Lessor's sole negligence or willful misconduct or Lessor's breach of its obligations
hereunder.
33. Waiver of Rights. The failure or delay of either party to insist on strict enforcement of any
term, covenant, or condition herein shall not be deemed a waiver of any right or remedy that such party may
have and shall not be deemed a waiver of any subsequent or other breach of any term, covenant, or condition
herein. The receipt and acceptance by Lessor of delinquent rent shall not constitute a waiver of any other
default but shall only constitute a waiver of timely payment for the particular rent payment involved. Any
waiver by either party of any default or breach shall be in writing. Either party's consent to or approval of any
act by the other party requiring a party's consent or approval shall not be deemed to waive such party's consent
or approval of any subsequent act of the other party.
34. Partial Invalidity. If any term, covenant or condition of this Lease is held by a court of
competent jurisdiction to be invalid, void or unenforceable,the remainder of the provisions hereof shall remain
in full force and effect.
35. Successors in Interest. This Lease shall be binding on and inure to the benefit of the parties
and their successors, heirs, personal representatives, approved transferees and assignees, and all of the parties
hereto shall be jointly and severally liable hereunder.
36. Right to Re-Enter. Lessor acknowledges that Lessee's use of the Premises includes
proprietary trade secrets. Lessor shall have no right whatsoever to enter the Premises except as provided in
Paragraph 27.A. above, without Lessee's written consent which Lessee shall not unreasonably withhold.
Lessee shall peaceably deliver possession of the Premises to Lessor on the effective date of termination or
expiration of this Lease. On giving notice of termination to Lessee, Lessor shall have the right to re-enter and
take possession of the Premises on the termination or expiration date without further notice of any kind and
without institution of summary or regular legal proceedings. Termination of the Lease and re-entry of the
Premises by Lessor shall in no way alter or diminish any obligation of Lessee under the Lease and shall not
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ATTACHMENT
constitute an acceptance or surrender. Lessee waives any and all right _. redemption under any existing or
future law, in the event of eviction from the Premises and in the event Lessor re-enters and takes possession.
Lessee agrees that should the manner and method used by Lessor in re-entering or taking possession after
breach by Lessee gives Lessee a cause of action for damages or in forcible entry and detainer, the total amount
of damages to which Lessee shall be entitled due to the re-entering shall be One Dollar($1.00). Lessee agrees
that this Section may be filed in any such action and that when filed it shall be a stipulation by Lessee fixing
the total damages to which Lessee is entitled in such action.
37. Holding Over. If Lessee holds over and remains in possession of the Premises after the
expiration of the Lease, such holding over shall be construed as a tenancy from month to month on the same
terms, covenants, and conditions herein, except that monthly rent shall be one-twelfth (1/12) of one hundred
twenty-five percent (125%) of the annual rent then in effect. Nothing in this Section shall be construed as a
consent by Lessor to any holding over by Lessee.
38. Time. Time is of the essence in this Lease and every provision hereof.
39. Attorney's Fees. In any action or proceeding relating to this Lease, the prevailing party shall
be entitled to its costs, including reasonable attorney's fees and court costs.
40. Integration and Amendments. This Lease represents and constitutes the entire understanding
between the parties and supercedes all other agreements and communication between the parties, oral or
written, concerning the subject matter herein. This Lease shall not be modified except in writing duly signed
by the parties and referring to this Lease.
41. Recordation. Concurrently with the execution of this Lease, Lessor shall execute before a
notary and deliver to Lessee for recording a"Memorandum of Lease" substantially in the form of Exhibit "C"
attached hereto and by this reference incorporated herein (the "Memorandum"). Lessee may record the
Memorandum and shall pay any fees or taxes applicable to or arising from said recordation. Upon expiration
or sooner termination of this Lease, Lessee shall, at its sole cost, immediately record a Quitclaim Deed with
respect to its interest under this Lease.
42. Governing Law. This Lease shall be governed by and construed in accordance with the laws
of the State of California.
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43. Captions. Tne various headings and numbers herein ana -,e grouping of the terms hereof into
separate sections, paragraphs and clauses are for convenience only and shall not be considered a part hereof,
and shall have no effect on the construction or interpretation of this Lease.
44. Abandoned Property. The vacating or abandonment of the Premises by Lessee shall include
but not be limited to the failure of Lessee to occupy the Premises for a continuous period of forty-five (45)
days or more while not paying rent. If Lessee abandons the Premises, title to any personal property belonging
to Lessee and left on the Premises forty-five (45) days after such abandonment shall be deemed to have been
transferred to Lessor. Lessor shall thereafter have the right to remove and to dispose of said property without
liability to lessee or to any person claiming under Lessee,and.shall have no duty to account therefore.
45. Compliance with the Law. Lessee shall comply with all laws, ordinances, rules and
regulations of all federal, state and local governmental authorities having jurisdiction over the Premises and
business thereon.
46. Quiet Enjoyment. Lessor covenants that, if Lessee performs the terms, covenants and
conditions of this Lease,Lessee shall peaceably and quietly hold and enjoy the Premises.
47. Lessor's Representation of Authority. Lessor represents that it has title to the Premises and
full authority to execute this Lease and to grant the easements and access to the Premises. Lessor further
represents that there are no undisclosed liens,judgments, impediments or exceptions of title on the Premises
that would affect this Lease.
48. Non-Interference Provision. Lessor will use its best efforts to provide Lessee with notice of
any applications received from any other communications companies wishing to .utilize any part of Laguna
Lake Golf Course. Further,Lessor will use its best efforts to not lease property in Laguna Lake Golf Course to
other communication companies, nor to use Laguna Lake Golf Course.for communications purposes, that
might interfere with Lessee's use of the Premises. In the event Lessor or any other communication company
on Laguna Lake Golf Course does, in fact, interfere with Lessee's use of the Premises, Lessor shall eliminate,
or cause to be eliminated, such interference within seventy-two(72) hours of written notice by Lessee. If such
interference is not eliminated in such time period,Lessee may exercise any right or remedy at law or in equity
to eliminate the interference or may terminate this Lease.
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IN WITNESS WHEREOF, the parties have executed this Lease with all of the formalities required by
law as of the date first above written.
LESSOR: LESSEE:
CITY OF SAN LUIS OBISPO, a SPRINT PCS ASSETS,L.L.C. A DELAWARE
Municipal Corporation LIMITED LIABILITY COMPANY
By:
Name:
Title:
By: Sprint Contracts and Perfonnance Hotline:
David F. Romero,Mayor 800.357.7641
ATTEST:
By:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
By:
Jona an well, City Attorney
C.\DOCUME—lVtouseALOCALS—ATeMpV.EASEO-1.DOC
Page 20 of 26
ca���
ATTACHMENT
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All that real prooerty located in the State of California,County of San Luis Obispo,described as follows:
PARCEL 1:
A portion of Lot 5 of the Rancho Canada de Los Osos and Laguna, in the City of San Luis
Obispo, County of San Luis Obispo, State of Califomia, according to map recorded in Book
A, Page 83 of Maps, in the office of the County Recorder of said County, described as
follows:
Beginning at the centerline intersection monument at the intersection of Prefumo Canyon
Road and Los Osos Valley Road, the basis of bearings being the center line of Prefurno
Canyon Road having a bearing of North 450 30' 00" East as recorded on the map of Tract
No. 403, recorded in Book 8, Page 1 of Maps;
thence Easterly along said Los Osos Valley Road centerline, South 440 13' 30" East, 20
feet;
thence South 450 30' 00" West, 50 feet;
thence South 440 13' 30" East, 313.94 feet to the true point of beginning;
thence South 450 46' 30" West, 346.60 feet;
thence South 440 30' 00" East, 269.21 feet;
thence North 450 46' 30" East, 202.31 feet;
thence North 440 13' 30" West, 179.15 feet;
thence North 450 46' 30" East, 143.00 feet;
thence North 440 13' 30"West, 90.06 feet to the true point of beginning.
PARCEL 2: -
A portion of Lot 59 of the Rancho Canada de Los Osos and Laguna, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded in Book
A, Page 83 of Maps, in the office of the County Recorder of said County, described as
follows:
Beginning at the centerline intersection monument at the intersection of Prefumo Canyon
Road and Los Osos Valley Road;
thence Easterly along said Los Osos Valley Road centerline, South 440 13' 30F East, 20
feet;
thence South 450 30' 00" West, 50 feet;
thence South 440 13' 30" East, 404.feet;
thence South 450 46' 30" West, 143 feet;
thence South 440 13' 30" East, 179.15 feet to the true point of beginning;
thence South 450 46' 30" West. 202.31 feet;
thence South 440 30' 00" East, 228.49 feet;
thence North 45 0 46' 30" East, 108.16 feet;
thence North 440 13' 30" West, 90 feet;
thence North 50 52' 55" West, 150 feet;
thence North 44 0 13' 30" West, 20.85 feet to.the true point of beginning.
Assessor's Parcel No: 053-111-055
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ATTACHMENT
EXHIBIT B \
DESCRIPTION OF THE PROJECT
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G.ACounril Agenda ReportALLGC-CeU SireVeaxALeace o LLGCJar SprW-11.1704.doc
n n , Page 22 of 26
ATTACHMENT 1
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C a ;ktp Page 24 of 26
ATTACHMENT
EXHIBIT C —
MEMORANDUM OF LEASE
RECORDING REQUESTED BY:
Sprint PCS Assets,L.L.C.
WHEN RECORDED,RETURN TO:
6391 Sprint Parkway
Mailstop KSOPHT0101-22650
Overland Park,Kansas 66251-2650
Site:SN45XCO89B
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE ("Memorandum") dated as of 2004, is
between the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city("Lessor")and Spint PCS
Assets,L.L.C., a Delaware limited liability company("Lessee').
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Telecommunications Facility Lease at
Laguna Lake Golf course"Lease") dated as of 2004, covering certain premises (the
"Premises") situated on a portion of that certain real property located in the County of San Luis Obispo, State
of California, and more particularly described in Exhibit "A" attached hereto and incomorated herein by this
reference: and
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of San
Luis Obispo County, California;
NOW, THEREFORE, in consideration of the foregoing, .Lessor and Lessee hereby declare as
follows:
1. Demise. Lessor has leased the Premises.to Lessee (together with access rights), and Lessee
has hired the Premises from Lessor, subiect to the terms, covenants and conditions contained in the Lease.
2. Expiration Date. The term of the Lease ("rerm") is scheduled to commence on or before
and shall expire five(5) years thereafter, subject to Lessee's option to extend
the Term pursuant to Section 3 of the Lease for three (3)additional terms of five(5)years each.
3. Lease Controlling. This Memorandum is solely for the purpose of.aiving constructive notice
of the Lease. In the event of conflict between the terms of the Lease and this Memorandum, the terms of the
Lease shall control.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease as of the
date and year first written above.
GACoa d Agenda ReporrALLGC-Cell SAeVease\Lease ofLLGCfor Sprint-11.17.04.dor
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ATTACHMENT
LESSOR LESSEE: Sprint PCS Assets,L.L.0
BY: BY:
Name: Name:
Title: Title:
NOTARIZED SIGNATURES
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On before me,
personally appeared
personally.known to me(or proved to me on the basis of satisfactory evidence) to be the.person(s) whose name(s)
is/are -subscribed to the within instrument. and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacitv(ies),and that by-his/her/their signature(s)on the instrument the person(s),or the.
entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal
(Signature of Notary Public)
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On before me,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s).whose.name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized cayacitv(ies),and that by his/her/their sienature(sl on the instrument theyerson(s),.or the
entity upon behalf of which the.person(s)acted,executed the instrument.
WITNESS my hand and official seal
(Signature of Notary Public)
GACouncil Agenda ReportNi LGC-Cell SlteVease\Leme of LLGCfor Sprint-11.17.04.doc
/a rvo Page 26 of 26
/a —a 0
\ ATTACHMENTS.
Parks and Recreation Commission
MINUTES
City-County Library Conference Room
Wednesday, May 5, 2004 7:00 p.m.
CALL TO ORDER: Chair Peter Dunan called the meeting to order at 7:01 p.m.
ROLL CALL: Chair Pete Dunan, Commissioners:, Gary Clay, Don Dollar, Ty Griffin, John
Knight,Jill Lemieux,and Bill Pyper.
ABSENT: None
STAFF: Director Paul LeSage,Todd Beights, and Cindy McDonald.
CONSIDERATION OF MINUTES:
The minutes of the April 7,2004 meeting were approved as.submitted.
PUBLIC COMMENT PERIOD:
No public comment.
1. Volunteer of the Month
Chair Dunan presented Howard Hendlener as the Volunteer of the Month.
2. Mitchell Park Bandstand Donation
LeSage presented the staff report regarding the Rotary Club's offer to construct and donate a bandstand
in Mitchell Park. LeSage introduced Jim and Gail Hoffman, donor's of the bandstand who described
the bandstand construction.
Commission discussed the item.
Recommendation:
Recommend that the City Council accept the Rotary Club of San Luis Obispo's offer to construct and
donate a bandstand in Mitchell Park.
(Pyper/GriiT4 unanimous).
3. Laguna Lake Golf Course Rates
LeSage presented the staff report for the change in fees for the 2004/2005 fiscal year.
Commission discussed the item.
Recommended Action:
Endorse the change in fees for Laguna Lake Golf Course effective July 1, 2004, increasing all rates by
25 cents per round and$1.00 a round for Twilight Rates.
(Knight/Lemieux,unanimous).
4. Laguna Lake Golf Course MOU for a Telecommunications Lease
LeSage introduced Cindy McDonald, who presented the staff report regarding a telecommunications
facility to be located in Laguna Lake Golf Course.
Commission discussed the item.
I.IPaAs 0 RecCommiaion110041MitXftSI05.05.04 mmuGs.doc
��
-� ATTACHMENTS_
Parks and Recreation Commission
Minutes for May 5, 2004
Page 2
Recommended Action:
Recommend approval of a Memorandum of Understanding (MOU) with Sprint PCS for a
telecommunications facility lease at Laguna Lake Golf Course.
(Lemieux/Griffin,unanimous).
5. Directors Report
LeSage briefed the Commission on the following projects:
■ Laguna Lake Park Master Plan ■ Other Projects
6. Staff Reports
Todd Beights,Parks Maintenance,updated the Commission with various park projects.
7. Committee Reports
Commissioners gave reports on Committees they attended..
■ Tree Committee—Dunan ■ Joint Use Committee
■ Mayors Youth Task Force— ■ Jack House Committee—Pyper
■ Open Space—Dollar ® Golf-Lemieux
■ Therapy Pool ■ Landscape Parkways
8. Communications
None.
9. Adjourned
The meeting adjourned at 8:15 pm to the June 2,2004 meeting,in the City Council Chambers.
'ilafi 3
CITY OF SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT ITEM#4
BY: Tyler Corey, Associate Planner(781-7169) MEETING DATE: December 20, 2004
FROM: Pamela Ricci, Senior Planner
FILE NUMBER: ARC 105-04
PROJECT ADDRESS: 11175 Los Osos Valley Road
SUBJECT: Review of a 60-foot tall wireless telecommunications facility camouflaged as a
pine tree located at the City's Municipal Laguna Lake Golf Course.
SUMMARY RECOMMENDATION
Grant final approval of the project, based on findings and subject to conditions and code
requirements.
BACKGROUND
Situation
On May 21, 2002, the City Council approved the concept of leasing the Laguna Lake Golf
Course (LLGC) for wireless telecommunications facilities. On June 1, 2004, the Council
approved a Memorandum of Understanding with Sprint PCS for a wireless telecommunications
lease space at LLGC, subject to receiving all land use entitlements, including Architectural
Review, in accordance with the City's Zoning Regulations (Attachment 4). Once the project has
received all of its discretionary City approvals, it will then return to the Council for formal
approval of the lease agreement.
Project Description —
s — -i
Sprint PCS is proposing to
389 s.f.equipment •1r +
construct a 60-foot tall shelter lease area
wireless telecommunications Landscaping °
facility camouflaged as a
pine tree (monopine) ; o
northwest of the existing
parking lot at the LLGC ,* '
(Attachment 4). The facility y <
will be unmanned and
in ;�"
consist of 6 panel antennas Landsca p
mounted to the proposed
monopine. A 389 square- so'monopine
foot equipment shelter lease
area is proposed on the ` rR
northwest side of the golf "
course maintenance shop '� 1 �
ATTACHMENT
ARC 105-04 (11175 Los Osos Valley Road)
Page 2
where all associated radio and electrical power cabinets will be located. In addition, extensive
landscaping is proposed between the Los Osos Valley Road public right-of-way and maintenance
shop, around the monopine and equipment shelter and along the front driveway entrance.
Data Summary
Address: 11175 Los Osos Valley Road
Applicant: Sprint PCS
Representative: AFL Telecommunications
Zoning: PF (Public Facility)
General Plan: Recreation
Environmental Status: Categorically exempt under Class 3, New Construction or Conversion of
Small Structures, of the CEQA Guidelines.
Site Description
The flat, irregular-shaped site consists of two parcels totaling 29 acres located on the southerly
side of Los Osos Valley Road across from Laguna Middle School. The site is occupied by the
City's Municipal LLGC and includes a driving range, clubhouse and various other site
improvements. The surrounding area is residential and institutional in nature with
condominiums to the northwest, a mobile home park to the southwest, Laguna Lake Middle
School across Los Osos Valley Road to the northeast and the Congressional Church to the
southeast. Zoning surrounding the site is shown in the attached vicinity map(Attachment 1).
EVALUATION
The City regulates wireless telecommunications facilities via Section 17.16.120 of the Zoning
Regulations, which cites several site development and performance standards. The ARC should
utilize these standards to evaluate the proposed wireless telecommunications facility. The
standards of importance for this evaluation are listed below. Staff's analysis as to how the
project complies with the cited standards are indicated in italics.
1. Setbacks: All facility towers and accessory structures shall comply with the setback
requirements of the applicable zoning district. The proposed 60 foot tall monopine will be
setback approximately 160 feet from the Los Osos Valley Road public right-of-way, 120 feet
from the condominiums to the northwest and 185 feet from the mobile home park to the
southwest, which complies with the setback requirements of the PF zoning district. In
addition, the equipment shelter lease area will be set back approximately 105 feet from the
Los Osos Valley Road public right-of-way, 40 feet from the condominiums and 210 feet from
the mobile home park, which also complies with the setback requirements of the PF zoning
district.
2. Height: The height of any antenna or support equipment shall be determined as part of the
use permit on a case by case basis. All facilities shall be designed to the minimum necessary
functional height. The maximum height allowed in the PF zoning district is 35 feet. Based
on a site survey completed by Smith & Company on November 4, 2003, there are six pine
trees in the immediate vicinity of the proposed monopine with the tallest being approximately
C� - &�
ARC 105-04 (11175 Los Osos Valley Road)
Page 3
48 feet high (Attachment 4). This results in the proposed 60 foot tall monopine extending
above the existing tree
canopy approximately 12 feet. Northerly view
The purpose for the 60 foot 60' x posed monopine
tall facility is to provide the
separation and coverage
necessary for an additional 481
wireless telecommunications 341
carrier. Co-location of II'
wireless facilities can be an
effective way to reduce the
total number of installations _
citywide through the use of s
existing facilities. The �.
Planning Commission will
ultimately determine whether
the proposed facility height is
appropriate through the Use Permit process. If the ARC does not support the proposed
facility height for co-location purposes because of aesthetic concerns, a recommendation
could be forwarded to the Planning Commission outlining the specific reasons for these
concerns.
3. Aesthetics and Visibility: Southerly view from Los Osos valley Road
Facilities shall be creatively proposed 60'tall monopine
designed to minimize the f
visual impact to the greatest
extent possible by means of _
placement, screening and - -- "—
camouflage. The applicant
shall use the smallest and
least visible antennas possible
to accomplish the coverage
objectives. Each installation
shall be designed to blend _into its surroundings so that " =- - -- . -
the antenna(s) and equipment
are not apparent to the casual
observer. The applicant proposes to "screen" the 6 panel antennas with a simulated pine
tree. The pine needles and bark of the facility will be color-matched to the surrounding pine
trees. The antennas will be painted to blend with the pine needles and will not protrude out
from the tree canopy. The equipment shelter lease area will be screened by a 6-foot tall
chain link fence with green slats and landscaped with shrubs that grow to 15 feet tall. In
addition, the existing chain link fence located between the public right-of-way and golf
course maintenance shop will be replaced with a new chain link fence with green slats and
extensively landscaped, which will create an additional visual barrier for the facility as
viewed from Los Osos Valley Road. Based on these factors, the proposed facility will blend
into its surroundings and will not be apparent to the casual observer. Color photo-
3�
- , ATTACHMENT 3
i
ARC 105-04 (11175 Los Osos Valley Road)
Page 4
simulations have been prepared by the applicant that depict the visual impacts of the
antennas from various vantage points (Enclosed).
4. Site Access: Telecommunication facilities should use existing roads and parking when
possible. New and existing access roads and parking shall be improved and surfaced where
necessary. The project site will be accessed via existing paved streets. A 12 foot wide
access-way would be improved from the edge of the existing drive isle to the equipment
shelter lease area consistent with Zoning Regulation requirements.
5. All connections and conduits between the base of the antennas and support equipment shall
be under-grounded. As indicated on project plans, all connections and conduits from the
monopine to the equipment shelter lease area will be under-grounded.
6. Lighting: All telecommunication facilities, not otherwise required to have lighting pursuant
to FAA rules, shall be unlit, except when authorized personnel are actually present at night,
and except for exempt facilities. According to project plans, there is no lighting proposed on
the monopine. However, two (2) service lights, which are manually operated, are proposed
within the equipment shelter lease area for use when authorized personnel are present at
night.
7. Noise: Each facility shall be operated in a manner that minimizes any possible disruption
caused by noise to people working and living in the vicinity. At no time shall equipment
noise from any source exceed an exterior noise level of 55 dB at the property line or within
20-feet of such equipment, whichever is less. The applicant has indicated that an accessory
sound attenuating cover will be used for all noise generating equipment. To ensure
compliance with the above mentioned standard and eliminate the possibility of noise impacts
on surrounding residential uses, a condition is recommended that requires any noise
generated by the facility to be attenuated below discernable levels from any property line.
8. Radio frequencies and electromagnetic exposure: A radio frequency radiation (RFR) report
is required to be submitted to verify compliance with FCC regulations. An RFR report was
prepared for this proposed facility by AIM Wireless Solutions dated July 6, 2004. The report
concludes that this facility fully complies with FCC regulations (Attachment 5). The
maximum ambient RF level was calculated to be 48.7% of the applicable public limit at a
distance of 8 feet from the base of the facility. The furthest distance calculated from the base
of the facility was 43 feet, which had an RF level calculated at only 0.3 % of the applicable
public limit. Because the nearest property line to the proposed antennas is approximately
120 feet away, there are no significant RF impacts associated with the installation.
Conclusion
As conditioned, the proposed facility complies with the site development and performance
standards detailed above. The project could be installed and maintained without jeopardy to
persons or property within or adjacent to the proposed site and without damage to the resources
of the site and its surroundings. The wireless antennas maintain a significant setback from
neighboring residential properties and the emissions from the facility fall far below Federal
limits. In terms of aesthetics and visibility, the proposed panel antennas and accessory
t,A ' 2"'C
ATTACHMENT
e
ARC 105-04 (11175 Los Osos Valley Road)
Page 5
equipment will blend into their surroundings and will not be apparent to the casual observer.
ALTERNATIVES
1. The Commission may approve the project with modified findings and/or conditions.
2. The Commission may continue action, if more information is needed. Direction should be
given to staff and the applicants..
3. The Commission may deny the project if the necessary findings cannot be made.. Action
denying the application should include the basis for denial.
OTHER DEPARTMENT COMMENTS
This item was reviewed by various City departments and comments received have been included
as project conditions and code requirements where appropriate.
RECOMMENDATION
Grant final approval to the project, based on findings, and subject to conditions and code
requirements.
Findings:
1. As conditioned, the proposed facility complies with the site development and
performance standards of the City's wireless telecommunications ordinance.
2. As conditioned, the wireless telecommunications facility is considered camouflaged, as
the proposed 6 panel antennas will be screened within a simulated pine tree, painted to
blend with the pine needles, will not protrude out from the tree canopy and are situated at
their lowest functional height to allow for co-location of an additional wireless carrier.
3. The proposed facility can be installed and maintained without jeopardy to persons or
property within or adjacent to the site and without damage to the resources of the site and
its surroundings because the wireless antennas maintain a significant setback from
neighboring residential properties and the emissions from the facility fall far below
Federal limits.
4. The project is exempt from environmental review under Class 3, Section 15303 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines.
Conditions:
1. The applicant shall construct the project so as to substantially conform to plans dated
November 16, 2004. Any change to approved design, colors, materials, landscaping or
other conditions of approval must be approved by the Director or Architectural Review
Commission, as deemed appropriate.
ATTACHMENT-3
ARC 105-04 (11175 Los Osos Valley Road)
Page 6
2. The pine needles and bark proposed for the monopine shall be color-matched to the
surrounding pine trees, subject to the approval of the Community Development Director.
3. Any noise generated by the facility shall be attenuated below discernable levels from any
property line to ensure compliance with the City's wireless telecommunications
ordinance and eliminate the possibility of noise impacts on surrounding residential uses,
subject to the approval of the Community Development Director.
4. As indicted on project plans, the height of the monopine shall not exceed 60 feet above
ground level and all connections and conduits from the pine tree to the equipment shelter
shall be under-grounded.
5. Consistent with the Right of Entry requirements established by the Memorandum of
Understanding, the proposed 12-foot wide Sprint PCS access easement is not allowed and
shall be eliminated from plans submitted with the building permit application.
6. All requirements established by the Memorandum of Understanding shall remain in
effect except where a stricter standard is required by this Architectural Review approval.
7. Consistent with the Memorandum of Understanding, plans submitted with the building
permit application shall include: one 2-inch HDPE conduit for City services at the
maintenance shop; intercept existing City communication conduit; and place City
standard pullbox with traffic cover, subject to the approval of the Finance and IT
Director.
Code Requirements
1. The City Council shall grant final approval of the lease agreement with Sprint PCS prior
to issuance of a building permit for the project. The building plan submittal shall show
and note all requirements of the approved lease agreement.
2. A Use Permit is required for the project prior to issuance of a building permit.
3. Any additional wireless carrier (co-location) on the facility will require separate planning
applications consistent with the wireless telecommunications ordinance.
4. A separate encroachment permit will be required for any work or construction staging in
the public right-of-way.
5. Unless otherwise approved to the satisfaction of the Public Works Director, the proposed
power pedestal shall be located outside of the public right-of-way. The site electrical
plan and submittal for a building permit shall clarify why the P.G.&E. meter will not be
located at the new equipment shelter.
6. The new conduit that runs from the joint pole to the utilization equipment shall be
located outside of the public right-of-way as shown on the preliminary plans.
0a - 310
ATTACHMENT_ ->
ARC 105-04 (11175 Los Osos Valley Road)
Page 7
7. Under scope of work (L — 1) landscape plans, change (2) times as wide and (2) times as
deep, to (2) times as wide and just as deep as the soil level in the container or shallower
for trees to be planted so that the trees will be planted at or slightly above grade. (L— 2)
landscape plans has a note, upper right hand corner, to install 3" layer of decomposed
granite mulch under new trees. This shall be changed to wood chips or other suitable
organic mulch taking care not to pile mulch against the trunks of small trees. Trees shall
be planted to City of San Luis Obispo specifications.
ATTACHMENTS
Attachment 1: Vicinity map
Attachment 2: Project Description
Attachment 3: Reduced scale project plans
Attachment 4: Council approved Memorandum of Understanding
Attachment 5: RF emissions statement
Enclosed: Full size project plans
Color photo-simulations provided by the applicant
ATTACHMENT -3
Draft ARC Minutes
December 20, 2004
Page 4
cupola over the 35-foot mark to brinQ it into com liance• an added condition addressing
the raised section of the parnet on the north fa6e of the building 100 feet the first third
of the ara et ad"acent to the center tower..,raising or corrinout as an option- ose an
option to raise the iparayet to back out wild out the face of thosepanels. Seconded
by Commr. Howard.
AYES: Comm/aau
Wilhelm, Lopes, Smith, and Stevenson
NOES: None
ABSENT: CommABSTAIN: None
The motion carried o
4. 11175 Los Osos Valley Road. ARC 105-04; Review of a 60 foot tall wireless
telecommunication antenna camouflaged as a pine tree including cables and
associated equipment; PF zone; Sprint PCS, applicant. (Tyler Corey)
Associate Planner Phil Dunsmore presented the staff report recommending final
approval of the project, based on findings and subject to conditions and code
requirements.
Trisha Knight, representative of Sprint PCS, gave a brief explanation of the proposed
camouflaged antenna.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
The Commission supported the proposed wireless telecommunications facility at
Laguna Lake Golf Course. They felt the artificial pine tree was appropriate at this
location and provided sufficient stealth of the wireless antenna panels that would be
mounted on the pole disguised as a tree.
Commissioner Root felt that wireless facilities should be mounted onto existing site
improvements such as buildings or existing structures and therefore cast the dissenting
vote.
Commr. Wilhelm moved final approval to the project based on findings and subiect_to
conditions and code requirements; and added a condition to add several feet of artificial
limbs to the top of the tree to create a natural tapered appearance. Seconded by
Commr. Smith.
Commr. Root could not support the motion because he felt this is not the direction to go
with this antenna.
�� � uo
ATTACHMENT-
Draft ARC Minutes — _-
December 20,2004
Page 5
AYES: Commrs. Wilhelm, Smith, Howard, Lopes and Stevenson
NOES: Commr. Root
ABSENT: Commr. Boudreau
ABSTAIN: None
The motion carried on a 5 : 1 vote.
5. Staff:
A. A nda Forecast:
Planner Ricc%ave n agenda forecast of upcoming projects.
6. Comm
A. Minutes of \be04 were accepted as presented.
B. Recent Pressons Learned.
The Commission eion referring to Item 3.
Vice-Chair. Howarda Commission ask the City .Attornev to advise the
Commission if they handled this erly, what is the recourse and what the outcome
is.. Seconded by Commr. Lopes.
ADJOURNMENT:
With no further business before the Com ' sion, the meeting adjourned at 8:35
p.m. to the next regular meeting scheduled for uary 3, 2005, at 5:00 p.m. in Council
Hearing Room at City Hall, 990 Palm Street.
Respectfully submitted by
Irene E. Pierce
Recording Secretary
L -
ATTACHMENT - ' 1
Draft
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
JANUARY 12, 2005
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called t order at 7:00 p.m. on
Wednesday, May 12, 2004, in the Council Chamber of City all, 990 Palm Street, San
Luis Obispo.
ROLL CALL:
Present: Commrs. Andrea Miller, Orval sborne, Michael Boswell, Carlyn
Christianson, Jim Aiken, and Chair erson James Caruso
Absent: Commr. Alice Loh
Staff: Associate Planner Tyler C ey, Deputy Community Development Director
Ronald Whisenand, N ural Resource Manager Neil Havlik, and
Recording Secretary Ire le E. Pierce
ACCEPTANCE OF THE AGEND
The agenda was accepted as esented.
APPROVAL OF THE MIN ES:
The Minutes of Decem r 1, and December 8, 2004 were accepted as presented.
PUBLIC COMMENT ON NON-AGENDA ITEMS
There were no co ents made from the public.
PUBLIC HEAR G ITEMS:
1. 1697 Svinev Street. AP-PC 190-04; Appeal of Hearing Officer's approval of a
fence ight exception with certain conditions; R-1 zone; Steve Barasch, applicant.
It was t consensus of the Commission to continue this item to February 23, 2005, at
the re est of the applicant.
2. 11175 Los Osos Valley Road. U 105-04; Request to allow installation of 60-foot
Mono Pine, cables and associated equipment; PF zone; Sprint PCS, applicant.
Associate Planner Tyler Corey presented the staff report recommending approval of the
use permit, based on findings and subject to conditions and code requirements.
GACounril Agenda RepaffALLGC-Cell SiteVeasA2.1.05 CAR\PCC draft mbuaes 1.1205.DOC
' 4'V
Al1AGHMENI ^7_
Planning Commission Minutt.-
January 12, 2005
Page 2
Trisha Knight, Sprint Representative, responded to questions asked by Commr. Aiken
regarding the cables that would run from the pole, and if the color of the proposed
stealth tree would change colors.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Commr. Miller pointed out a letter that was submitted to the Commission with a concern
about the open space being protected. She noted this site does not pose a threat to the
open space land.
Comms.. Miller moved to approve the use permit, based on findings and subject to
conditions and code requirements as recommended by staff. Seconded by Commr.
Osborne.
AYES: Commrs. Miller, Osborne, Boswell, Aiken, Christianson, and Caruso
NOES: None
ABSENT: Commr. Loh
ABSTAIN: None
The motion carried on a 6 : 0 vote.
3. 1000 Fernan ez Road. GPI and ER 236-04; Review of Conservation Plan for the
Cerro SanLui Natural Reserve, and environmental review; C/OS-20-SP; City of
San Luis Obispo, pplicant.
Natural Resource Man ger Neil Havlik presented the staff report recommending the
Commission recommen pproval to the City Council of the Conservation Plan.
PUBLIC COMMENTS:
Amanda Collins, student at Mi ion Prep, noted that it has been an ongoing initiation
tradition at Mission School for th reshman class to paint and maintain the "M" on this
hill. She expressed that they are h ored to keep this as an ongoing commitment.
Matthew Richmond, student at Mission rep, mentioned that he would gladly volunteer,
as a Boyscout ready to become an Eag Scout, to help maintain the trail going up to
this "M".
Louie Mello, SLO resident, mentioned that he d his wife both graduated from Mission
and that they were the first class to paint the "M and that the trail going up the middle
was initially a drainage ditch that became a trail.