HomeMy WebLinkAbout2014-01-28 - AGENDA REPORTS - CELLULAR INSTALL CYNCNTRY PARK (2)CONSENT CALENDAR
110413
SUBJECT:
DEPARTMENT:
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
January 28, 2014
APPROVAL OF THE LICENSE AGREEMENT REGARDING THE
INSTALLATION AND OPERATION OF A CELLULAR
COMMUNICATIONS FACILITY TO BE LOCATED IN CANYON
COUNTRY PARK
Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council:
Approve the License Agreement with AT&T Mobility to construct a Clock Tower and Trash
Enclosure at Canyon Country Park to house a Cellular Communications Facility to enhance
cellular service in the area.
2. Increase anticipated revenues for Fiscal Year 2013-14 by $10,000 in revenue account
100.4012.004 Franchise Fees -Others.
3. Authorize the City Manager, or designee, to execute all documents subject to City Attorney
approval.
BACKGROUND
In March, 2011, AT&T Mobility submitted a Conditional Use Permit application to install a
wireless telecommunications facility at Canyon Country Park. The submittal included a 50 foot
tall tower adjacent to the park's community room on the northern edge of the property, adjacent
to neighboring single family homes. Staff worked with the carrier to choose an alternate location
and design that would not create negative impacts to the surrounding community or the overall
aesthetics of the park.
pIMgo ED
After several redesigns, the applicant submitted a proposal to build a 42 -foot high clock tower
amenity on the southeastern comer of the park, viewable from Soledad Canyon Road and the
playground, and approximately 600 feet away from the homes that are north of the park. The
Conditional Use Permit application was considered and approved by the Planning Commission
on September 17, 2013. Now that the entitlement portion of the project is complete, the applicant
needs to enter into a license agreement with the City.
A one-time License Fee of $2,500 will be paid to the City. The term of the license agreement is
for five years, with three renewal options of five years each. The monthly lease amount of
$2,500 will be increased according to the CPI adjustment on the anniversary of the
commencement of the agreement. Additionally, the applicant has proposed the construction of a
trash enclosure to be incorporated into the structure that is 14 feet tall. Both the clock tower and
the trash enclosure will be constructed of the same materials as the existing community room
located on the park site. The park does not currently have a trash enclosure and the project is not
proposing to remove any parking spaces. The license agreement also requires that the carrier will
provide ongoing maintenance of the clock tower. The City will maintain the trash enclosure with
funds paid by the carrier.
The proposed facility would fill the gap in cellular coverage within the State Route 14 corridor
and will improve cellular service to the single family homes to the north of the park.
ALTERNATIVE ACTIONS
Other action as determined by the City Council.
FISCAL IMPACT
The increase in estimated revenues as a result of this action is a one-time revenue of $2,500, plus
$2,500 of ongoing monthly revenue, which will be generated once the agreement is fully
executed.
ATTACHMENTS
License Agreement
Color Inserts
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LICENSE AGREEMENT BETWEEN THE
CITY OF SANTA CLARITA AND NEW CINGULAR WIRELESS PCS (FORMERLY KNOWN
AS AT&T COMMUNICATIONS)
Contract No.
THIS LICENSE AGREEMENT (hereinafter referred to as "License", "Agreement" or "License
Agreement") is made and executed this day of 201_, between THE CITY OF
SANTA CLARITA, a municipal corporation and general law city ("Licensor", "City" or "CITY' ); and
New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Carrier" or "CARRIER").
1. RECITALS. This License Agreement is made with reference to the following facts and objectives:
A. Licensor is the owner of that certain property, Canyon Country Park, located in the County of
Los Angeles, State of California, identified as a portion of Assessor Parcel Number 2844-006-904,
as more particularly described in Exhibit "A" attached hereto (the "Property").
B. Carrier is a provider of communication services which require the transmission and reception
of radio communication signals on various frequencies.
C. In furtherance of the provision of communication services, Carrier desires to install the
communication equipment ("Carrier's Equipment") as depicted in Exhibit `B". Carrier's
Equipment is more specifically initially described in Exhibit `B", which is attached hereto.
D. Licensor is willing (i) to permit Carrier to install, operate and maintain Carrier's Equipment as
shown in Exhibit `B", and (ii) to allow Carrier to install, operate, upgrade and maintain Carrier's
Equipment, subject to the additional terms and conditions set forth within Exhibit "C", "Master
Case No. 11-040, Conditional Use Permit 11-007, Final Conditions of Approval" as issued by the
City of Santa Clarita's Community Development Department, Planning Division.
Final approval of this Agreement is contingent upon approval of the Santa Clarita City Planning
Commission, City Council and City Attorney, as required.
NOW THEREFORE, in consideration of the above -referenced facts, the covenants of the Parties
contained in this Agreement and for other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby agree as follows:
1. LICENSE: DESCRIPTION OF PROPERTY. Licensor hereby issues a license to Carrier for the
purposes enumerated in Recital D above, together with the right to access the Property from a public right
of way at the designated locations and install utilities necessary to operate Carrier's Equipment, which are
depicted on Exhibit `B" attached hereto and made a part hereof (the "Site").
2. USE. The Site may be used by Carrier for the provision of communication services, including the
transmission and reception of radio communication signals on various frequencies and the construction,
maintenance, replacement, repair, upgrade and operation of Carrier's Equipment, and activities related
thereto. Except to the extent otherwise expressly set forth herein, Licensor does not warrant or guarantee
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the suitability of the Site for Carrier's intended use. Carrier agrees to obtain Licensor's written approval
prior to commencing any new use of the Site, and any such approval shall not be unreasonably withheld,
conditioned or delayed.
3. TERM. The initial term of this Agreement ("Initial Term") shall be five (5) years commencing on the
first day of the month following written notice to CITY by Carrier of Carrier's intent to commence
construction of Carrier's Equipment on the Site ("Commencement Date"). Carrier shall have the right to
extend the Term of this Agreement for three (3) additional five (5) year terms (each, a "Renewal Term"),
on the same terms and conditions contained herein. This Agreement shall automatically be extended for
each successive Renewal Term unless Carrier notifies City in writing of Carrier's intention not to renew
this Agreement at least sixty (60) days prior to the expiration of the existing Term. This Agreement shall
not be revocable and may not be terminated except as otherwise expressly provided herein. The Initial
Term and any Renewal Terms are collectively referred to as the Term ("Term").
4. CONDITIONS PRECEDENT. The effectiveness of this Agreement and each Party's rights and
obligations hereunder are subject to and expressly conditioned upon Carrier having and maintaining
throughout the "Term" including any "Renewal Term(s)" (as such terms are defined in Section 4 above),
of this Agreement: (i) a license, from the Federal Communications Commission ("FCC"); and (ii) any
and all necessary certificates, permits, approvals, licenses, reviews or inspections (collectively, the
"Development Approvals"), required by or from any local, state or federal agency, municipality,
department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the
Property (each, a "Government Agency"), in connection with the construction and operation of Carrier's
Equipment on the Site. CITY shall cooperate with Carrier as reasonably necessary to assist Carrier in
obtaining such Development Approvals.
5. LICENSE FEE
A. Payment. Licensor and Carrier agree that, upon the Commencement Date, and on or before
the first of every month thereafter during the Term, including any Renewal Term(s) (each, a
"Payment Date"), Carrier shall pay Licensor a license fee in the amount of Two Thousand Five
Hundred and 00/100 Dollars ($2,500.00) (the "License Fee's, adjusted in accordance with Section
5.c and 6.d below.
B. License Review / Administrative Fee: Carrier shall make a one-time payment to Licensor in
the amount of Two Thousand Five Hundred and No/100ths Dollars ($2,500.00) within forty-five
(45) days after full execution of this Agreement.
C. CPI Adjustment — Licensor and Carrier agree that the License Fee shall be adjusted on the first
anniversary of the Commencement Date (the "Adjustment Date") and on every anniversary of the
Adjustment Date thereafter during the Term by applying the CPI Formula set forth below. The
"Basic Index" shall be the Index (as defined in Section 5, paragraph D) published for the month
the License commences.
D. CPI Formula. The Index means the Consumer Price Index for all Urban Consumers for the
Los Angeles -Riverside -Orange County, CA area, all items published by the United States
Department of Labor, Bureau of Labor Statistics (1982-84=100). The "CPI Formula" means the
initial License Fee multiplied by a fraction, the numerator being the Index published for the month
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immediately preceding the month the adjustment is to be effective, and the denominator being the
Index published for the month the License commenced. If the Index is changed so that the Index
differs from that used as of the Commencement Date of the License Agreement, the Index shall be
converted in accordance with the conversion factor published by the United States Department of
Labor, bureau of Labor Statistics. If the Index is discontinued or revised during the Term of this
License, such other governmental Index or computation with which it is replaced shall be used in
order to obtain substantially the same results as would be obtained if the Index had not been
discontinued or revised.
E. Illustration of Formula. The formula for determining the new License Fee shall be as follows:
(New Index / Base Index) * License Fee = New Monthly License Fee.
F. In no event shall the monthly rent be adjusted by the CPI formula to result in a lower monthly
License Fee than was payable during the previous year of the License Agreement, nor shall the
adjustment by the CPI formula result in an increase in the License Fee greater than three percent
(3%) of the License Fee for the period immediately preceding the increase in the License Fee.
6. IMPROVEMENTS.
A. During the Term, Carrier shall have the right, at no cost to Licensor, to construct, maintain,
replace, repair, upgrade and operate on the Site Carrier's Equipment as described or substantially
similar to that Equipment initially described in Exhibit `B". Carrier shall be responsible for
maintaining the exterior of Carrier's Equipment in good and safe condition in compliance with all
applicable governmental requirements. After the initial installation, Carrier shall not materially
alter or change the outward appearance of Carrier's Equipment when viewed from the ground
without the prior reasonable approval of Licensor. Licensor may prohibit such exterior changes if
the changes would materially degrade the appearance of the facility or the surrounding
landscaping. For those alterations or improvements requiring Licensor's reasonable approval,
Licensor's approval shall not be unreasonably withheld, conditioned, or delayed, and in no event
shall Licensor condition any such approval on any increase in the License Fee or any other direct
or indirect costs or fees to Carrier under this Agreement. Notwithstanding the foregoing, in no
event shall Carrier be required to obtain Licensor's approval for any alterations or changes within
the footprint of the Site licensed to Carrier, or for any other alterations or changes which do not
materially and adversely affect the aesthetic appearance of the Carrier's Equipment initially
approved by Licensor hereunder, when viewed by the general public from areas which are readily
accessible to the general public at street level and in the immediate vicinity of the Site.
B. All of Carrier's construction and installation work shall be accomplished in a good and
workmanlike manner, and shall be performed at Carrier's sole cost and expense. Carrier shall
have the right to install utilities at Carrier's expense and to improve the present utilities on or near
the Property (including, but not limited to the installation of emergency back-up power) subject to
Licensor's approval of the location, which approval shall not be unreasonably withheld,
conditioned or delayed. Title to Carrier's Equipment shall at all times be held by Carrier. Carrier
shall have the right to place utilities on the Property in order to service the Site and Carrier's
Equipment, as further described in Section 10 below.
AT&T See NL0025 (Canyon Coumry Puk) Ueeoae Agrtm 1125.13W - e
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C. Within one hundred twenty (120) days following the cancellation, expiration or earlier
termination of this Agreement, Carrier shall remove, at no cost to Licensor, all of Carrier's
Equipment placed on the Site, remove all foundations to three (3) feet below grade level, fill all
excavations caused by Carrier's removal, return the surface to grade, and leave the Site in its
condition at the commencement of this Agreement, free from any debris or hazards (reasonable
wear and tear and damages due to causes beyond the control or without the fault or neglect of
Carrier excepted).
D. Installation of Initial Equipment. Prior to submitting application for land use approval
(including any required submission of fees) Carrier shall first obtain Licensor's prior written
approval of Carrier's plans for Carrier's Equipment ("Plans"). Licensor shall give such approval
or provide Carrier with Licensor's requests for changes within twenty (20) days of Licensor's
receipt of the Plans. If Licensor does not respond to Carrier's request for approval within twenty
(20) days, Carrier's intended use shall be deemed approved. Upon Licensor's expressed or
deemed approval of the Plans, Carrier shall be entitled to process its application with Licensor for
land use permit or Conditional Use Permit ("CUP") and, if successful, for subsequent construction
of Carrier's Equipment on the Site, as contemplated by Carrier, in accordance with the Plans and
as approved by separate CUP process. In no event shall Licensor's written or deemed approval of
Carver's initial equipment installation plans be construed as approval of Carrier's CUP. Any
additions, alternations or changes to the initial equipment may be subject to approvals and
additional fees pursuant to Section 6A above.
E. Within thirty (30) days after completion of construction, Carrier shall provide the Licensor "as
built" drawings of Carrier's Equipment and any other improvements installed by Carrier on the
Property, which show the actual location of all such equipment and improvements.
F. Carver shall fully and promptly pay for all utilities furnished to the Site for its use throughout
the Term including any Renewal Term, and all other costs and expenses incurred by Carrier in
connection with Carrier's use, operation and maintenance of the Site.
G. If Carrier's Equipment is vandalized or marked with graffiti or other inscription, Carrier, at its
sole expense, shall repair the damaged property within thirty (30) days after receipt of written
request by Licensor to do so. Licensor has no responsibility for the protection of Carrier's
property from acts of vandalism by third parties. If Carrier does not respond and clear vandalism
or graffiti within thirty (30) days of receipt of Licensor's request, or if more than ten (10) separate
incidents of vandalism or graffiti occur within a calendar year, Licensor shall have the right to
require a performance bond from Carrier in an amount reasonably sufficient to cover the cost of
repair of vandalism or removal of graffiti, as the case may be.
7. ACCESS.
A. Carrier shall have the right, but not the obligation, to enter the Site prior, to the
Commencement Date, for the purpose of making engineering surveys, inspections and tests, to
determine the suitability of the Site for Carrier's Equipment. During any such pre -construction
evaluation and any subsequent entry onto the Property during the Term including any Renewal
Term of this Agreement, Carrier shall: (i) have insurance as set forth in Section 28 below; and
(ii) notify Licensor of any proposed construction work. If Carrier determines that the Site is
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unsuitable for Carrier's contemplated use, then Carrier will notify Licensor and this Agreement
shall terminate in accordance with Section 17 below.
B. Licensor shall provide to Carrier, and its employees, agents and subcontractors access to the
Site twenty-four (24) hours per day, (7) days a week, at no additional charge. Carrier may access
the Site at any time in emergency circumstances, to and over the Property, from an open and
improved public road to the Site.
8. INTERFERENCE.
A. Carrier shall operate Carrier's Equipment in a manner that will not cause material and adverse
signal interference to communication equipment operated by Licensor and other users of the Site
as of the Effective Date, as long as the existing user(s) operate and continue to operate their
respective equipment within their respective frequencies and in accordance with all applicable
laws and regulations. In the event such signal interference should occur, all costs to remedy the
interference shall be borne by Carrier. In the event that Carrier's Equipment causes such material
and adverse interference, Carrier shall cause any such material and adverse interference to cease
within thirty (30) days following receipt of written notice from Licensor describing such
interference. All operations by Carrier shall be in compliance with all federal, state and local
non-interference regulations including, but not limited to, those of the FCC.
B. Carrier shall provide initial proof of compliance with original transmission tolerance and
interference analysis by a certification through an independent radio frequency engineer.
C. Licensor shall not use, nor will Licensor permit its employees, tenants, licensees, invitees,
agents or independent contractors to use any portion of the Property in a manner that interferes
with Carver's Equipment or the communications operations of Carrier as described in Section 2
above, or the rights of Carrier under this Agreement. Licensor will cause such interference to
cease within twenty-four (24) hours after receipt of notice of interference from Carrier. In the
event any such interference does not cease within the aforementioned cure period, Licensor shall
cease all operations which are suspected of causing interference (except for intermittent testing to
determine the cause of such interference) until the interference has been corrected. Typical
residential devices or appliance uses which do not require the resident or occupant of the residence
to possess a license from the Federal Communications Commission to transmit or receive a signal,
shall not be considered interfering uses under this Section 8, provided that such uses are in
compliance with all applicable laws and are consistent with the ordinary and intended purpose of
the device or appliance.
D. The parties acknowledge that any continuing interference to Carrier's communication system
operations will cause injury to Carrier, and therefore, Carrier shall have the right, in addition to all
other rights that Carrier may have at law and in equity, to bring action to enjoin such interference
and/or terminate the Agreement immediately upon notice to Licensor.
9. TAXES. This Agreement may create a taxable property interest in the Site. Licensor shall not be
responsible for any personal property taxes, possessory interest taxes and assessments attributable to
Carrier's Equipment, levied by any legal authority as a result of this Agreement.
AT&T Sue NL0 (Cu .C..., Park) U.. Agreemen 1125.1) Mline
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10. UTILITIES.
A. CARRIER is responsible directly to the serving entities for all utilities required for its use of
the Property. "Utilities" means electricity, gas, telephone services, trash, water, and cable
television.
B. CARRIER agrees to order, obtain, and pay for all utilities and service and installation charges
in connection with the development and operation of the Property.
C. Licensor hereby grants to any utility company providing utility services to CARRIER an
easement over the Property, from an open and improved public road to the Site, and upon the Site,
for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits,
associated equipment cabinets and such appurtenances thereto, as such utility companies may
from time to time require in order to provide such services to the Site. Upon CARRIER's or a
utility company's request, Licensor will execute a separate recordable easement evidencing this
grant, at no cost to CARRIER or the public utility.
11. TRASH AND GARBAGE. CARRIER will provide and pay all costs for the complete and proper
disposal and timely removal of all refuse resulting directly from its operations. CARRIER will provide
and use appropriate covered receptacles for all refuse at the Property. Piling boxes, cartons, barrels or
other similar items in view of a public area will not be permitted. CARRIER is responsible for the proper
disposal of its refuse in such a manner as not to contaminate or restrict sewer lines.
12. MAINTENANCE QUALITY. CITY's designees may, at any reasonable time and without notice,
enter the Property to determine if satisfactory maintenance is being performed; provided, however, CITY
shall provide at least forty-eight (48) hours advance written notice prior to entering the Site. If the quality
of maintenance is unreasonable, CITY will provide written notice to CARRIER which includes the
specific nature of the complaint. Should CARRIER fail to improve and sustain quality maintenance
within thirty (30) days of receipt of CITY's notice, CITY may enter upon the Property and perform such
maintenance. Within thirty (30) days following receipt of a written invoice accompanied by reasonable
substantiation of any such costs actually incurred, CARRIER will reimburse CITY for the cost of
maintenance, plus ten percent (10%) for CITY's administrative overhead.
13. HAZARDOUS WASTE. CITY has not, nor, to CITY's knowledge, has any third party used,
generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous
material (as defined below) on, under, or within the Property in violation of any law or regulation.
CARRIER agrees that it will not use, generate, store, or dispose of any hazardous material (as defined
below) on, under, or within the Property in violation of any law or regulation. CARRIER agrees to
defend and indemnify CITY, as provided in this License, against any and all losses, liabilities, claims,
and/or costs arising from any breach by CARRIER of any warranty or agreement contained in this
section. As used in this section, "hazardous material" means any substance, chemical or waste that is
identified as hazardous, toxic or dangerous in any applicable federal, state, or local law or regulation
(including petroleum and asbestos).
AT&T Site NL0023 11]3.13 ANdine
14. POSSESSORY INTEREST TAXES. CARRIER is informed by CITY pursuant to Revenue and
Taxation Code § 107.6 that its property interest in the Property may be subject to property taxation if
created and that CARRIER may be subject to the payment of property taxes levied on its interest.
CARRIER may not deduct such amount from payments to CITY.
15. QUIET ENJOYMENT. CITY agrees that CARRIER, upon making payments to be paid by
CARRIER under the terms of this Agreement and upon observing and keeping the agreements and each
of the covenants of this License will lawfully and quietly hold, occupy, and enjoy the Property during the
Term of this License.
16. CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or
prohibition, whether contractual or otherwise, with respect to its right to execute this Agreement and
perform its terms and conditions and has the legal right, power and authority to grant all of the rights
granted herein. CITY represents, warrants and agrees that: (i) CITY solely owns the Property as a legal lot
in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be
encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other
agreements of record or not of record, which would adversely affect Carrier's permitted use and
enjoyment of the Site under this Agreement; (iii) as long as Carrier is not in default then CITY grants to
Carrier sole, actual, quiet and peaceful use, enjoyment and possession of the Site; (iv) CITY's execution
and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of
any mortgage, lease or other agreement binding on CITY.
17. TERMINATION. This License may be terminated as follows
A. At the expiration of the third (3`d) Renewal Term;
B. Upon mutual written agreement between the parties;
C. by Carrier upon written notice to Licensor, if Carrier is unable to obtain, or maintain, any
required approval(s) or the issuance of a license or permit by any agency, board, court or other
governmental authority necessary for the construction or operation of Carrier's Equipment as now
or hereafter intended by Carrier; or if Carrier determines, in its sole discretion, that the cost of
obtaining or retaining the same is commercially unreasonable;
D. Upon the Property being condemned;
E. Should either party materially breach this License and fail to cure such breach within thirty
(30) days of receiving notice in writing by the other party regarding such breach. No such failure,
however, will be deemed to exist if the breaching party has commenced to cure such default
within such thirty (30) day period and provided that such efforts are prosecuted to completion with
reasonable diligence. Delay in curing a default will be excused if due to causes beyond the
reasonable control of a party;
F. by Carrier, upon written notice to Licensor, if Carrier determines, in its sole discretion, due to
the title report results or survey results, that the condition of the Site is unsatisfactory for its
intended uses;
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G. by Carrier upon written notice to Licensor for any reason or no reason, at any time prior to
commencement of construction by Carrier; or
H. by Carrier upon sixty (60) days' prior written notice to Licensor for any reason or no reason,
so long as Carrier pays Licensor a termination fee equal to three (3) months' of the License Fee, at
the then -current rate, provided, however, that no such termination fee will be payable on account
of the termination of this Agreement by Carrier under any one or more of Sections 8, 17(A),
17(B), 17(C), 17(D), 17(E), 17(F), 17(G), 20, 22, or 29 of this Agreement.
18. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this License for any
reason, CARRIER will vacate the Property and deliver it to CITY in good order and condition, damage by
the elements, earthquake, and ordinary wear and tear excepted, provided that CARRIER shall continue to
have access to the Site and the Property in accordance with CARRIER's removal obligation under Section
6(C) above.
19. SALE OR TRANSFER BY CITY. Should CITY, at any time during the Term of this License, sell,
lease, transfer, or otherwise convey all or any part of the Property to any transferee other than CARRIER,
then such transfer will be under and subject to this License and all of CARRIER's rights hereunder. CITY
may assign this Agreement provided said assignee will assume, recognize and also become responsible to
CARRIER for the performance of all of the terms and conditions to be performed by such party under this
Agreement. CITY shall not separately assign, sell, or otherwise transfer its rights to receive the License
Fee or other income under this Agreement independent of the assignment, sale or other transfer of its
rights under this Agreement.
20. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu
thereof, the parties will each be entitled to pursue their own separate awards in the condemnation
proceeds, which for Carrier will include, where applicable, the value of Carrier's Equipment, moving
expenses, prepaid License Fee, and business dislocation expenses. Carrier will be entitled to
reimbursement for any prepaid License Fee on a pro rata basis.
21. NO PUBLIC PROJECT. All rights given to CARRIER pursuant to this License are for CARRIER's
use of the Property identified herein. Any trespass, use, or other utilization of private property by
CARRIER is done at its own risk; CARRIER is not an agent of CITY and this License is not intended,
nor should it be construed, to constitute a public project.
22. FORCE MAJEURE. Should performance of this License be prevented due to fire, flood, explosion,
war, embargo, government action, civil or military authority, the natural elements, or other similar causes
beyond the Parties' control, then it will immediately terminate without obligation of either party to the
other.
23. NO FIXTURES. Improvements and facilities that currently exist, or may be constructed during the
Term of this License, will not constitute fixtures attached to the Property. Any such facilities may be
removed by CARRIER at any time.
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24. ALTERATIONS, MECHANICS' LIENS. Except as provided by this License, CARRIER will not
make, or cause to be made, any alterations to the Property, or any part thereof, without CITY's prior
written consent. Within thirty (30) days following receipt of written notice from Licensor, CARRIER
will keep the Property free from any liens arising out of any work performed, material famished, or
obligations incurred by CARRIER, or cause the same to be bonded.
25. ASSIGNMENT AND SUBLETTING. CARRIER will have the right to assign, sell or transfer its
interest under this Agreement without the approval or consent of CITY, to CARRIER's Affiliate or to any
entity which acquires all or substantially all of the CARRIER's assets in the market defined by the
Federal Communications Commission in which the Property is located by reason of a merger, acquisition,
or other business reorganization. Upon notification to CITY of such assignment, transfer or sale,
CARRIER will be relieved of all future performance, liabilities and obligations under this Agreement.
26. HOLDOVER. If CARRIER holds possession of the Property after the Term expires, with CITY's
written consent, CARRIER will be deemed to be occupying the Site on a month-to-month basis (the
"Holdover Term"), and the License Fee during the Holdover Term shall be equal to the License Fee paid
for the last month of the third (3rd) and final Renewal Term. Such occupation of the Site by Carrier will
be subject to all of the terms and conditions of this License.
27. INDEMNIFICATION.
A. CARRIER and CITY indemnify and hold the other parry harmless from and against any claim,
action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising
out of this License, or its performance, except for such party's sole active negligence. Should
CITY or CARRIER be named in any suit, or should any claim be against it, by suit or otherwise,
whether the same be groundless or not, arising out of this License, or its performance, pursuant to
this License, the other party will defend such party (at such party's written request) and will
indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" or "CARRIER" includes such party's officers, officials,
employees, agents, representatives, and volunteers.
C. CITY and CARRIER expressly agree that this hold harmless and indemnification provision is
intended to be as broad and inclusive as is permitted by the laws of the State of California and that
if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full
legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive termination of
this License.
E. The requirements as to the types and limits of insurance coverage to be maintained by
CARRIER as required by Section 28 below, and any approval of such insurance by CITY, are not
intended to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by CARRIER pursuant to this License, including but not limited to the provisions
concerning indemnification.
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28. INSURANCE. CARRIER must procure and maintain insurance of the type, for the period, with the
coverages and limits, and in accordance with the terms, conditions, and requirements that follow:
A. CARRIER will provide Commercial General Liability and Business Automobile Liability
insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code
1, respectively, in connection with CARRIER's performance in the amount of $1,000,000
combined single limit per occurrence and $2,000,000 in the aggregate for general liability and
$4,000,000 per accident for auto liability for bodily injury, personal injury, and property damage
for each policy coverage.
B. Professional liability coverage in the amount of $1,000,000 per claim or wrongful act and in
the aggregate will be on an "occurrence basis" if such coverage is available, or on a "claims made"
basis if not available. When coverage is provided on a "claims made basis," CARRIER will
continue to renew the insurance for a period of two (2) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy that was in effect
during the term of this Agreement, and will cover CARRIER for all claims made by CITY arising
out of any errors or omissions of CARRIER, or its officers, employees or agents during the time
this Agreement was in effect.
C. Commercial General Liability and Business Automobile Liability policies required in this
License will include CITY, its officials, volunteers, and employees as "additional insureds" as
respects this License under said insurance coverage. City's additional insured status shall (i) be
limited to bodily injury, property damage or personal and advertising injury caused, in whole or in
part, by Carrier, its employees, agents or independent contractors; (h) not extend to claims for
punitive or exemplary damages arising out of the acts or omissions of City, its employees, agents
or independent contractors or where such coverage is prohibited by law or to claims arising out of
the gross negligence of City, its employees, agents or independent contractors; and, (iii) not
exceed Carrier's indemnification obligation under this Agreement, if anyPolicies shall provide that
required insurance will be deemed "primary" such that any other insurance that may be carried by
CITY will be excess thereto. Such policy(ies) will not be cancelable or non -renewed and not
replaced by the insurers except upon thirty (3 0) days prior written notice to CITY.
D. CARRIER will furnish to CITY a certificate of insurance, in the standard form required by
CITY, duly authenticated, evidencing maintenance of the insurance required under this License
and such other evidence of insurance as may be reasonably required by CITY from time to time.
Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at
least a Rating of "A minus:VH." Notwithstanding the forgoing, Tenant may, in its sole discretion,
self insure any of the required insurance under the same terms as required by this Agreement. In
the event Tenant elects to self -insure its obligation under this Agreement to include Landlord as an
additional insured, the following conditions apply: (i) Landlord shall promptly and no later than
thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand,
lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with
copies of any demands, notices, summonses, or legal papers received in connection with such
claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit,
or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate
with Tenant in the defense of the claim, demand, lawsuit, or the like.
AT&T Srta NL S(Crayon County NNUi Ar—t 113.13R.Wine
12
29. SAFETY AND ENVIRONMENTAL PROTECTION. Carrier shall operate and maintain Carrier's
Equipment and the Site and shall cause its employees, agents and independent contractors ("Carrier's
Related Parties") to operate and maintain Carrier's Equipment and the Site so as to avoid injury or
damage to any person or property due to the acts or omissions of Carrier and Carrier's Related Parties. In
carrying out its work, Carrier and Carrier's Related Parties shall at all times, exercise reasonable
precautions for the safety and environmental protection of Site, and be in compliance with all federal,
state and local statutory and regulatory requirements including those of the State of California, Division
of Industrial Relations (Cal/OSHA), CaUEPA, US/EPA and the U.S. Department of Transportation.
The Carrier and Carrier's Related Parties shall not use the Site to generate, manufacture,
refine, transport, treat, store, handle, recycle, release or dispose of any "Hazardous Materials", other than
as reasonably necessary for the Parties' activities under this Agreement. For purposes of this Agreement,
the term "Hazardous Materials" means any hazardous substance, material or waste, including but not
limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical
Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of
petroleum products and related substances incidental to operation of motorized equipment and vehicles
whose operation on the Site is contemplated by this Agreement.
Carrier shall immediately notify Licensor in writing upon becoming aware of any release
of Hazardous Materials, violation of any environmental law or actions brought by third parties against the
Carrier alleging environmental damage. Carrier shall post a sign consistent with applicable laws or
regulations for wireless communication facilities, permanently affixed to Carrier's Equipment, which
identifies the responsible party to notify in case of emergency or maintenance.
To the best of Licensor's knowledge after reasonable investigation, the Property is free of
Hazardous Materials and neither Licensor nor, to Licensor's knowledge, any third party, has used,
generated, stored, treated or disposed of any Hazardous Materials (as such term is defined in this
Section 29), on the Property. Licensor and Licensee agree to hold harmless and indemnify the other from,
and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying
party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any
action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding
("Claims"), to the extent arising from that party's breach of its obligations or representations under
Section 29. Licensor agrees to hold harmless and indemnify Carrier from, and to assume all duties,
responsibilities and liabilities at the sole cost and expense of Licensor for, payment of penalties,
sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising
from subsurface or other contamination of the Property with hazardous substances prior to the Effective
Date of this Agreement or from such contamination caused by the acts or omissions of Licensor during
the Term. Carrier agrees to hold harmless and indemnify Licensor from, and to assume ail duties,
responsibilities and liabilities at the sole cost and expense of Carrier for, payment of penalties, sanctions,
forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from
hazardous substances brought onto the Property by Carrier.
30. COMPLIANCE WITH LAW. CARRIER will, at its sole cost and expense, comply with all of the
requirements of all federal, state, and local authorities now in force, or which may hereafter be in force,
pertaining to the use of CARRIER's Equipment, and will faithfully observe in the use of the CARRIER's
Equipment, all applicable laws. The judgment of any court of competent jurisdiction that CARRIER has
AT&T Site NU025 (Crayon Country Perk) Lic.m. Agee. 1115.13 R Ii.
13
violated any such ordinance or statute in the use of the CARRIER's Equipment will be conclusive of that
fact as between CITY and CARRIER. CITY agrees to comply with all federal, state, and local authorities
now in force, or which may hereafter be in force, relating to CITY's ownership and use of the Property and any
improvements on the Property in a manner sufficient to provide to CARRIER continued use of the Site and
all of the other rights expressly granted by CITY to CARRIER herein.
31. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will
not constitute a waiver of any further breach of the same or other term of this License.
32. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or
substantially all of the assets of CARRIER, or a general assignment by CARRIER for the benefit of
creditors, or any action taken or offered by CARRIER under any insolvency or bankruptcy action, will
constitute a breach of this License by CARRIER, and in such event this License will automatically cease
and terminate.
33. NOTICES. Except as otherwise expressly provided by law, all notices or other communications
required or permitted by this License or by law to be served on or given to either party to this License by
the other parry will be in writing and will be deemed served when personally delivered to the parry to
whom they are directed, or in lieu of the personal service, when properly sent and received, refused or
returned undelivered in the United States mail, certified or registered mail, return receipt requested,
postage prepaid, addressed to:
Licensor:
City of Santa Clarita
23920 Valencia Blvd., Suite 300
Valencia, CA 91355
Attn: Director
Parks and Recreation
Ph# (661) 255-4978
Fax # (661) 284-1431
Licensee:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: NL0025
Cell Site Name: Canyon Country Park (CA)
Fixed Asset Number: 10100034
575 Morosgo Drive NE
Suite 13F, West Tower
Atlanta, GA 30324
With a required coy to:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept — Network Operations
AT&T Sne 0025(Cenynn Country Pvk) Name Agr nt 1735.13 ANdine
14
Re: Cell Site #: NL0025
Cell Site Name: Canyon Country Park (CA)
Fixed Asset No: 10100034
208 S. Akard Street
Dallas, TX 75202
Either parry may change its address for the purpose of this Section by giving written notice of the change
to the other party.
34. [INTENTIONALLY OMITTED].
35. GOVERNING LAW. This License has been made in and will be construed in accordance with the
laws of the State of California and exclusive venue for any action involving this License will be in Los
Angeles County.
36. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent
jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in
effect, unimpaired by the holding.
37. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY
and CARRIER respecting the Property, the use of the Property by CARRIER, and the specified Term, and
correctly sets forth the obligations of CITY and CARRIER Any License or representations respecting
the Property or its licensing by CITY to CARRIER not expressly set forth in this instrument are void.
There are five (5) attachments to this License.
38. CONSTRUCTION. The language of each part of this License will be construed simply and
according to its fair meaning, and this License will never be construed either for or against either party.
a. Carrier shall give all notices required by law and comply with all laws, ordinances, rules,
and regulations pertaining to the conduct of its activities on the Site. Carrier shall be liable for all
violations of the law by Carrier arising directly with its activities under this Agreement.
b. All Exhibits attached hereto and incorporated herein are material parts of this Agreement.
39. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has
been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions
described herein. This License may be modified by written amendment fully executed by both Carrier
and City. City represents and warrants that CITY's City Manager, or designee, may execute any such
amendment on behalf of CITY.
40. COUNTERPARTS. This License may be executed in any number or counterparts, each of which
will be an original, but all of which together will constitute one instrument executed on the same date.
41. AFFILIATES. All references to "Carrier" shall be deemed to include any Affiliate of Carrier using
the Site for any permitted use or otherwise exercising the rights of Carrier pursuant to this Agreement.
"Affiliate" means with respect to a party to this Agreement, any person or entity that (directly or
AT&T SM NLOD25 (Canyon Cn naq Part:) Liernee Agreement 1125.13 gebgne
16
indirectly) controls, is controlled by, or under common control with, that parry. "Control" of a person or
entity means the power (directly or indirectly) to direct the management or policies of that person or
entity, whether through the ownership of voting securities, by contract, by agency or otherwise.
42. MEMORANDUM OF LICENSE. Contemporaneously with the execution of this Agreement, the
parties will execute a recordable Memorandum of License substantially in the form attached as Exhibit
"D". Either parry may record this Memorandum of License at any time during the Term, in its absolute
discretion. Thereafter during the Term of this Agreement, either parry will, at any time upon fifteen (15)
business days' prior written notice from the other, execute, acknowledge and deliver to the other a
recordable Memorandum of License.
43. W-9. Licensor agrees to provide Licensee with a completed IRS Form W-9, or its equivalent, upon
execution of this Agreement and at such other times as may be reasonably requested by Licensee.
[SIGNATURES ON NEXT PAGE]
AT&T Sh?U =(Doyon COMMP )Ua Ara 11.25.17R-&i-
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year last
hereinbelow written (the "Effective Date").
FOR CARRIER:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
Print Name:
Its:
FOR CITY:
CITY OF SANTA CLARTTA
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
City Clerk
Date:
APPROVED AS TO FORM:
JOE MONTES, CITY ATTORNEY
By:
City Attorney
Date:
AT&T SaeNww(CMwov Put) l+cdeAw� 1115.1381 lm
IT
CITY ACKNOWLEDGMENT:
State of California
County of )
On before me,
name and title of the officer)
personally appeared >
who 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 capacity(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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
CARRIER ACKNOWLEDGMENT:
State of California
County of
S
(Seal)
before me,
(insert name and title of the officer)
personally appeared
who 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 capacity(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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
AT&T 56n)m.00ss(C�C..y Pd)Liana Agra 1125.11Rd4.
(Seal)
IT
EXHIBIT A
Legal Description of the Property
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
That portion of the North half of Section 22, Township 4 North, Range 15 West,
San Bernardino Base and Meridian, in the City of Santa Clarita, County of Los
Angeles, State of California, according to the Official Plat of said land filed in the
District Land Office on March 29, 1877, described as follows:
Beginning at the intersection of the Northwesterly boundary of that certain 60
foot strip of land described in deed to County of Los Angeles, for Soledad Canyon
Road, recorded on January 16, 1939, in Book 16313, Page 248, of Official
Records, in the office of the Registrar -Recorder of said County, with the
Southwesterly boundary of that certain parcel of land described as Parcel I in
deed to George W. Peterson, et ux., recorded May 12, 1967, as Instrument No.
3414, in Book D-3642, Page 43, of said Official Records; thence Northwesterly,
Westerly and Northerly along the Southwesterly, Southerly and Westerly
boundaries of said certain parcel of land to the Southwesterly corner of that
certain parcel of land described as Parcel No. 2 in final Order of Condemnation in
favor of Sulphur Springs Union School District of Los Angeles County, a certified
copy of which was recorded June 5, 1968, as Instrument No. 5736, in Book D-
4022, Page 989, of said Official Records; thence Easterly and Northerly along the
Southerly and Easterly boundaries of said last mentioned certain parcel of land to
the Northeasterly comer of said last mentioned certain parcel of land; thence
South 89 Northeast quarter of said Section a distance of 437.43 feet to the Northeasterly
comer of said first mentioned certain parcel of land; thence Southerly along the
Easterly line of said first mentioned certain parcel of land 655.24 feet to said
Northwesterly boundary; thence Southwesterly along said Northwesterly
boundary to the point of beginning.
Together with the Northwesterly 30 feet of said Soledad Canyon Road, adjoining
the above described parcel of land on the Southeast.
Except from said land any portion lying within the lines of the right of way
granted to Southern Pacific Railroad Company of California by Act of Congress
approved March 3, 1871, (a Resolution was adopted by the Board of Directors of
said Railroad Company on December 29, 1891, abandoning said right of way;
but such abandonment has not been declared by Act of Congress nor decreed by
a Court of Competent Jurisdiction, as may be done pursuant to the provisions of
an Act of Congress approved on March 8, 1922, 42 Stat. L-414, Chapter 94).
Also except 49 percent of all oil, gas, asphaltum and other hydrocarbon
substances underlying said land, or that may be produced therefrom, as granted
AT&T SR. NL ffi (C.y Cwmy P") U -c . Ag'ameN 1125.13 R IM
a
to Jim W. Schaefer, by deed dated September 30, 1963, recorded October 4,
1963, in Book D-2207, Page 966, Official Records.
Also except 26 percent of all oil, gas, asphaltum and other hydrocarbon
substances underlying said land, or that may be produced therefrom, as reserved
by Benita Brock Dawson, in deed recorded February 28, 1956, in Book 50437,
Page 118, Official Records.
Assessor's Parcel Number: 2844-006-904
AT&T &n NLOM(Cary nCountry Pah) Liana Apramaa 11.25.13 Redline
Zo
EXHIBIT B
Depiction of Carrier's Equipment
[Plan Set Prepared By Black & Veatch Dated April 1, 2013 Consisting Of Eight(8) Pages
Appears On Following Pages]
i:rtfrn
I. This Exhibit may be replaced by a land survey andlor construction drawings of the Site once received by Carrier.
2. Any setback of the Site from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines art illustrative only. Actual types, numbers and mounting
positions may vary from what is shown above.
AT&T Sne N 0025 (Crayon Country Pvk) LAceme ASrl-m t 11.25. 13 Red -line
Md
CODE COMPLIANCE
GENERALNOTES
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SITE NUMBER: NL0025
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SITE TYPE: EQUIPMENT SHELTER/CLOCK TO
SITE ADDRESS: 17615 SOLEDAD CANYON ROAD
SANTA CLARITA, CA 91351
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EXHIBIT C
[Master Case No. 11-040, Conditional Use Permit 11-007,
Final Conditions of Approval to be Attached]
AT&T Sue W 25 11 15.15 Redline
30
EXHIBIT A
CONDITIONS OF APPROVAL
MASTER CASE 11-040
CONDITIONAL USE PERMIT 11-007
RESOLUTION P13-07
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
GCl. The approval of this project shall expire if the approved use is not commenced within two
(2) years from the date of conditional approval, unless it is extended in accordance with
the terms and provisions of the City of Santa Clarita's Unified Development Code
(UDC).
GC2. To the extent the use approved with this project is a different use than previously
approved for the property, the prior approval shall be terminated along with any
associated vested rights to such use, unless such prior approved use is still in operation,
or is still within the initial pre -commencement approval period. Once commenced, any
discontinuation of the use approved with this project for a continuous period of one
hundred eighty (180) calendar days or more shall terminate the approval of this use along
with any associated vested rights to such use. The pre-existing legal use shall not be re-
established or resumed after the one hundred eight (180) day period. Discontinuation
shall include cessation of a use regardless of intent to resume.
GC3. The applicant shall be responsible for notifying the Director of Community Development
in writing of any change in ownership, designation of a new engineer, or change in the
status of the developer, within 30 days of said change.
GC4. Unless otherwise apparent from the context, the term "applicant" shall include the
applicant and any other persons, corporation, or other entity making use of this grant.
The applicant shall defend, indemnify, and hold harmless the City of Santa Clarita, its
agents, officers, and employees from any claim, action, or proceeding against the City or
its agents, officers, or employees to attack, set aside, void, or annul the approval of this
project, including any related environmental approvals. In the event the City becomes
aware of any such claim, action, or proceeding, the City shall promptly notify the
applicant, or if the city fails to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing
contained in this Condition prohibits the City from participating in the defense of any
claim, action, or proceeding, if both the following occur: 1) the City bears its own
attorney's fees and costs; and 2) the City defends the action in good faith. The applicant
shall not be required to pay or perform any settlement unless the settlement is approved
by the applicant.
GCS. The property shall be developed and maintained in substantial conformance with the
approvals granted by the City. Any modifications shall be subject to further review by
the City.
31
Conditions of Approval — Exhibit A
Resolution P13-07
Master Case No. 11-040; Conditional Use Permit No. 11-007
Page 2 of 5
GC6. This grant shall not be effective for any purpose until the permittee and the owner of the
property involved (if other than the permittee) have filed with the Director of Community
Development, their affidavit (Acceptance Form) stating that they are aware of, and agree
to accept, all of the conditions of this grant.
GC7. Details shown on the site plan are not necessarily approved. Any details which are
inconsistent with the requirements of state or local ordinances, general conditions of
approval, or City policies and not modified by this permit must be specifically approved
in writing.
GCB. It is further declared and made a condition of this permit that if any condition hereof is
violated, or if any law, statute, or ordinance is violated, the City may commence
proceedings to revoke this approval.
PLANNING DIVSION
PLL The applicant shall be permitted to install a wireless telecommunications facility at
Canyon Country Park located on APN 2844-006-904 in the City of Santa Clarity The
approval includes twelve (12) panel antennas within a clock tower that is 12 feet by 12
feet wide and 42 feet tall. The approval also contains one (1) 33 -foot by 19 -foot
equipment enclosure and trash enclosure, consistent with the approved site plan on file
with the Planning Division. Any change in size, location or configuration shall be subject
to the review of the Director of Community Development, and may require approval of
the Planning Commission.
PL2. The applicant shall be conditioned to maintain the appearance of the clock tower and
ensure that the clock is always in working order and is always displaying the proper time.
If at any time the clocks stop working, the applicant shall repair or replace the structure
and/or mechanics to its originally approved condition, to the satisfaction of the Director
of Community Development.
PL3. The applicant shall execute a separate lease agreement to the satisfaction of the Director
of Parks, Recreation, and Community Services to operate a wireless telecommunications
facility within a City -owned park.
PL4. Prior to issuance of building permits, the applicant shall comply with all applicable
regulations and fees of affected agencies including the Los Angeles County Fire
Department.
PLS. All requirements of the Unified Development Code (UDC) and specific zoning for the
subject property shall be complied with unless set forth in this permit and shown on the
approved site plan.
R
Conditions of Approval — Exhibit A
Resolution P13-07
Master Case No. 11-040; Conditional Use Permit No. 11-007
Page 3 of 5
PL6. All antennas shall meet the minimum siting distances to habitable structures required for
compliance with Federal Communications Commission (FCC) regulations and standards
governing the environmental effects of radio frequency emissions.
PL7. The proposed wireless communication facility shall conform to all standards and
guidelines of the City's UDC including Chapter 17.69 (Wireless Communication
Facilities and Satellite Dish Antennas).
PL8. The telecommunications facility shall not bear any signs or advertising devices other than
certification, warning, or required signage. All required seals and signage shall be
obscured by building and screening design when, and as much as, possible.
PL9. All wire or cable necessary for operation of the facility including reception shall be
adequately screened from public view.
PL10. The wireless telecommunications facility shall not restrict access to any existing antenna
or potential future antenna location which could be used either by the permitee or by
another provider.
PL11. The applicant is required to obtain a building permit prior to the construction of the
proposed facility and is required to meet all requirements set forth by the City of Santa
Clarita Building and Safety Division.
PL12. Necessary equipment for the proposed project shall be located in a locked or otherwise
secured area that is not accessible to unauthorized persons. All wireless
telecommunication facilities shall be designed to prevent unauthorized climbing.
PL13. The operation of the facility shall not cause interference with any electrical equipment in
the surrounding neighborhoods, including television, radio, telephone or computer use,
nor may the antenna create harmful interference between any other telecommunication
facilities, including City -owned communication facilities.
PL14. All wireless facilities shall comply with City adopted noise standards. All equipment,
including accessory equipment shall comply with the City's noise standards as set forth
in the City's noise ordinance. If necessary, equipment shall be replaced or modified with
noise dampening materials or techniques to come into compliance with City standards.
BUILDING AND SAFETY DIVISION
BS1. Detailed construction plans for the wireless facility shall be submitted to the Building and
Safety Division for plan review and building permit issuance. Supporting documentation,
such as structural Gales, energy calcs and soil/geology reports shall be included in the
plan submittal package.
33
Conditions of Appraval — Fxhibit A
Resolution P13-07
Master Case No. 11-040; Conditional Use Permit No. 11-007
Page 4 of 5
BS2. Plans submitted for plan review shall show full compliance with the California Building
Codes in effect at the time the plans and building permit application are submitted. The
current California codes are: 2010 California Building, Mechanical, Plumbing, and
Electrical Codes, and the 2008 California Energy Code. If the application date for the
building permit is after January 1, 2014, the submitted plans shall comply with the new
2013 California Codes.
BS3. Plans submitted to Building and Safety for plan review shall be 100% complete. Plans
submitted shall show all work being performed for this project including Architectural,
Structural, Mechanical, Electrical and Plumbing.
BS4. Submitted plans shall be stamped and signed by a California Licensed Architect or
Engineer qualified to design the type of work proposed.
BS5. Prior to submitting plans to Building and Safety for plan review, please contact Deanna
Hamrick or Racheal Allen, at (661) 255-4935, for project addressing or address
verification.
BS6. The site plan submitted to building and safety shall show all lot lines, easements,
restricted use areas, flood hazard areas, etc. Any structures proposed in an easement shall
obtain written permission from the easement holder(s).
BS7. Prior to issuance of building permits, clearances from other agencies may be required.
Contact Building and Safety for the agency clearances required for this project.
ENVIRONMENTAL SERVICES
ESI. All tenant improvement projects valuated greater than $100,000 must comply with the
City's Construction and Demolition Materials (C&D) Recycling Ordinance.
ES2. The project shall comply with the City's Construction and Demolition Materials
Recycling Ordinance and the following:
a) A Construction and Demolition Materials Management Plan (C&DMMP) must be
prepared and approved by the Environmental Services Division prior to obtaining any
grading or building permits.
b) A minimum of 50% of the entire project's inert (dirt, rock, bricks, etc.) waste and
50% of the remaining C&D waste must be recycled or reused rather than disposing in
a landfill.
c) A deposit of 3% of the estimated total project cost or $25,000, whichever is less, is
required. The full deposit will be returned to the applicant upon proving that 50% of
the inert and remaining C&D waste was recycled or reused.
ES3. All projects within the City that are not self -hauling their waste materials must use one of
34
Conditions of Approval — Exhibit A
Resolution P13-07
Master Case No. 11-040; Conditional Use Permit No. 11-007
Page S of 5
the City's franchised haulers for temporary and roll -off bin collection services. The
applicant shall contact Environmental Services staff at 661-286-4098 for a complete list
of franchised haulers in the City.
sAcd\current\12011\11.040 (cupl 1-007)\planning commission\september hearing\coa.doc
36
MEMORANDUM OF LICENSE
[FOLLOWS ON NEXT PAGE]
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MEMORANDUM OF LICENSE
Recording Requested By
& When Recorded Return to:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
575 Morosgo Drive NE
Suite 13F, West Tower
Atlanta, GA 30324
APN: 2844-006-904
(Spee Above This Line For Recorder's Use Only)
Re: Market: Southern California
Cell Site Number: NL0025
Cell Site Name: Canyon Country Park (CA)
FA Number: 10100034
Address: Unaddressed Property
County: Los Angeles
MEMORANDUM
OF
LICENSE
This Memorandum of License is entered into on this _ day of 201_, by and between the
City of Santa Clarita, a municipal corporation and general law city, having a mailing address of 23920 Valencia Blvd.,
Suite 300, Valencia, CA 91355(hereinafter referred to as "City"), and New Cingular Wireless PCS, LLC, a Delaware
limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA
30324(hereinafter referred to as "Carrier").
1. City and Carrier entered into a certain License Agreement ("Agreement") on the _ day of
201, for the purpose of installing, operating and maintaining a communications
facility and other improvements. All of the foregoing are set forth in the Agreement.
2. The initial license term will be five (5) years ("Initial Term") commencing on the Commencement
Date of the Agreement, with three (3) successive five (5) year options to renew.
3. The portion of the land being licensed to Carrier (the "Premises") is described in Exhibit I annexed
hereto.
4. This Memorandum of License is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all
of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this
Memorandum of License and the provisions of the Agreement, the provisions of the Agreement shall
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control. The Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, successors, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day and year
first above written.
"CITY"
CITY OF SANTA CLARITA
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
"CARRIER"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Its:
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
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CITY ACKNOWLEDGMENT:
State of California
County of
On
before me,
(insert name and title of the officer)
personally appeared
who 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 capacity(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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
CARRIER ACKNOWLEDGMENT:
State of California
County of
(Seal)
On before me,
(insert name and title of the officer)
personally appeared
who 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 capacity(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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
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EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of _
to the Memorandum of License dated 201_, by and between The City of Santa
Clarita, a municipal corporation and general law city, as Landlord, and New Cingular Wireless PCS,
LLC, a Delaware limited liability company, as Tenant.
Property Legal Description:
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
That portion of the North half of Section 22, Township 4 North, Range 15 West,
San Bernardino Base and Meridian, in the City of Santa Clarita, County of Los
Angeles, State of California, according to the Official Plat of said land filed in the
District Land Office on March 29, 1877, described as follows:
Beginning at the intersection of the Northwesterly boundary of that certain 60
foot strip of land described in deed to County of Los Angeles, for Soledad Canyon
Road, recorded on January 16, 1939, in Book 16313, Page 248, of Official
Records, in the office of the Registrar -Recorder of said County, with the
Southwesterly boundary of that certain parcel of land described as Parcel 1 in
deed to George W. Peterson, et ux., recorded May 12, 1967, as Instrument No.
3414, in Book D-3642, Page 43, of said Official Records; thence Northwesterly,
Westerly and Northerly along the Southwesterly, Southerly and Westerly
boundaries of said certain parcel of land to the Southwesterly comer of that
certain parcel of land described as Parcel No. 2 in final Order of Condemnation in
favor of Sulphur Springs Union School District of Los Angeles County, a certified
copy of which was recorded June 5, 1968, as Instrument No. 5736, in Book D-
4022, Page 989, of said Official Records; thence Easterly and Northerly along the
Southerly and Easterly boundaries of said last mentioned certain parcel of land to
the Northeasterly corner of said last mentioned certain parcel of land; thence
South 89°b57i'e]ihaGffittgaattlaitfllJe
Northeast quarter of said Section a distance of 437.43 feet to the Northeasterly
comer of said first mentioned certain parcel of land; thence Southerly along the
Easterly line of said first mentioned certain parcel of land 655.24 feet to said
Northwesterly boundary; thence Southwesterly along said Northwesterly
boundary to the point of beginning.
Together with the Northwesterly 30 feet of said Soledad Canyon Road, adjoining
the above described parcel of land on the Southeast.
Except from said land any portion lying within the lines of the right of way
granted to Southern Pacific Railroad Company of California by Act of Congress
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approved March 3, 1871, (a Resolution was adopted by the Board of Directors of
said Railroad Company on December 29, 1891, abandoning said right of way;
but such abandonment has not been declared by Act of Congress nor decreed by
a Court of Competent Jurisdiction, as may be done pursuant to the provisions of
an Act of Congress approved on March 8, 1922, 42 Stat. L-414, Chapter 94).
Also except 49 percent of all oil, gas, asphaltum and other hydrocarbon
substances underlying said land, or that may be produced therefrom, as granted
to Jim W. Schaefer, by deed dated September 30, 1963, recorded October 4,
1963, in Book D-2207, Page 966, Official Records.
Also except 26 percent of all oil, gas, asphaltum and other hydrocarbon
substances underlying said land, or that may be produced therefrom, as reserved
by Benita Brock Dawson, in deed recorded February 28, 1956, in Book 50437,
Page 118, Official Records.
Assessor's Parcel Number: 2844-006-904
Premises Sketch or Survey:
[One (1) page drawing acceptable for recording in Los Angeles County to be attached]
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