HomeMy WebLinkAboutContracts & Agreements_144a-2001_CCv0001.pdf 4-02-12WI 04:08pm From-TELECOM WIRELESS SOLUTIONS 714 245 2515 T-277 P.002/005 F-711
REQUESTED 13Y Recorded in Official Records, County of
`:D
San Bernardino, Larry Walker, Recorder
-"LWREN R-ECORDED NIAIL TO: No Fee
City Clerk Doc No . 20020031009
City of Redlands 3 : 40pm 01 /22/02
PO Box 3005
Redlands, CA 92373-1505 205 40303325 01 04
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FEES NOT REQUIRED
LICENSE AGREEINIEN, -T PER GOVERNMENT CODE
SECTION 6103
2001 (the o c
This License Agreement ("Agreement") is made and entered into this 2nd day f 0 toter
"Effective Date"), by and between the City Of Redlands, a municipal corporation
("Licensor"), and Cox PCS AsseEs, LLC, a Delaware limited liability company("Licensee").
REALS
A- Licensor is the owner of real property located in the City of Redlands which is
co only known as the Helen Street Water Tank(the 'Tropefty"). Licensor and Licensee have
entered into a Sitc Agreement Lease for the Property for the purpose of Licensee's 0veration of a
Personal con=unications service system facility. A copy of Ehe Site Agetment Lease is attached
hereto and incorporated herein by this reference as Exhibit "A,"
B- Licensee desires to place related stealth antenna towers, and run cables to those
anteruias, on the Property,
C. Licensor desires to grant Licensee a non-exclusive license to enter upon the Property
for the Purpose Of Placement of stealth antenna towers and cables from the antennas to Licensee,s
equiPment for purposes of facilitating the Operation of Licensee,s personal con
unu
system ,^ nications;service
acility, es
In consideration of the mutual promises contained herein, Licensor and Licensee agTee, as
follows:
AG_RE E NIE NTT
Licensor hereby grants to Licensee a non-exclusive license to enter
upon and use the Property for the purpose of placement of stealth antenna towers, and the running
I verm1AgntmcnEs\so4q Cox pu A$sttLv,_Pd
04:09pm From-TELECOM WIRELESS SOLUTIONS 714 245 2515 T-277 P,003/005 F-711
Of cables from the antennas, to the [eased facility equipment area. Such antennas
be placed on the property and cables shall
U specified in Exhibit "B" which is attached hereto and incorporated
herein by this reference Such activity shall be performed by Licensee - conformance with all
applicable- federal, state and local laws, and shall not interfere with any of Licensor's activities on
the Property.
1)
the Property i es not warrant or represent that
s or �' Farticular ase, or for any other purpose, and
Licensee agrees
own risk, recoroperty. s itt an "as on are performed at Licensee's
3. le-m- This License shall co .once upon the Effective Date and shall continue
thereafter until terminated pursuant to the provisions governing termination of the Site Agreement
Lease attached as Exhibit"A".
4. 1ngikr—ans;e/1ndLemn:ity1
. Licensor and Licensee incorporate herein by this reference the
indemnity provision found in Paragraph 13, and the insurance provision found in Pmizraph 16, of
Exhibit "A," as though both are fully set forth herein
5. Alljent. Licensee shall not assign or trans;fer tWs Agreement without the prior
written consent ofLicensor,which consent will not be unreasonably withheld. In the event Licensee
attempts any assignment or trmsfer without Licensor's prior written consent, such action shall be
null and void, and this Agreement shall immediately be subject to termination at the option of
Licensor.
6. EAnkA gr== This License Agreement embodies the entire understanding of
e-
the Parties hereto, and there are no further or other agreements or understandings,written or Oral,
in effect"between the Parties relating to the grant of this revocable license.
7. AttgIZeys-Feed. In the event any legal action is commenced to enforce or interpret
the terms or conditions of this License Agreement, the prevailing party in such action shall be
entitled to recover in addition to its costs and other relief; its reasonable attorneys fees.
8. QgY—ettagLa--w. This License Agreement shall be governed by and construed in
accordance with the laws of the State of California-
1:'J*MkAgt*en-.,mtx\5040 CaK Pts AA9oU.wpd
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1011-2001 03:55PM From-TELECOM WIRELESS SOLUTIONS 714 245 2515
T-263 P-004/005 F-682
In witness whereof the parties have executed this Agreement as of the dates indicated below.
CITY OF REDLANDS, Licensor
Date— October 5, 2001
Mayor Pat Gilbreath
AT:CES T
City er-k Lor oyzer
COX PCS ASSETS,LLC, Licensee
Date
ke ble Cgi r1nal Director of Site Development
1AJem\Agre*rftnUX5049 Cox Pts A_V_.U.wpd 3
ALL-PURPOSE ACKNOWLEDGMENT
T
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLAI' DS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on October
2001, before nae, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Pat Gilbreath and Lorrie Poyzer
{ Xj personally known to me - or - { proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument`
the persons, or the entity upon behalf of which the persons acted., executed the instrument.
WITNESS my hand and official seal.
'D �, La IE POYZER, CITE' CLEM
lei
61
I By:
' 88
* Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for onesel t'th9ern elves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustees
Trust
x father
Titles) Mayor and City Clerk;
Entity Represented: City of Redlands, California;
THIS CERTIFICATE MUST BEATTACHED TO THE DOCUMENT DESCRIBED BELOW-
Title or Type of Document: License Agreement - Cox PCS Assets LLC
Date of Document: October 2, 2001
Signer(s) father Than Named Above: Felly Gamble, Regional Dir. of,Site Development
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
a.
State of California
County of ss
n w before me, _ R`^`� 4
Date Nat �\?-Uvi
ani Trt@ 9 C7Hirer te.QI ane e Pfe�Fa abkfic'k
personally appeared
Z�g
)p of Signer($)
personally known to me
proved to me on the basis of satisfactory �
evidence
to be the person{, whose nares) is/arc-
subscribed to the within instrument and
acknowledged to me that 4+e/sheAhey executed
HRlSTOPHER M. H"dtTON
'COMMISSIO" 1294713 the same in /her authorized
Notory l ubillic-California capacity( , and that by /her/t i
l m unt signature on the instrument the person or
' the entity upon behalf of which the perSonx
acted, executed the instrument.
ITN n d fficiat eat.
Race Notary Sea]Above Signature f, taryPubfsc
OPTIONAL
(hough the information below is not required by law,, it may prove valuable to persons relying on the
document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date., Number of Pages
Signer{s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: r ��
individual
Til of:hum,, _'3
Corporate Officer—Title(s):
Partner—. ' Limited General
2 Attorney in Fact
Trustee
1 Guardian or Conservator
Other
k
k i
Signer Is l epresentin
x94€$ atr aeaak hZrt,ry d:.sxx.a:f&rs• 35�i + .Scam+Yv:s. k't3 z,Y u, .C';hat±6wcrt4; dr 3l.tt3.'.a7t• ev rritacna'r Lary,r.: ood No SSW Rt,_,.dw:CO7viq.Faa 1,80€i P76.P82?
License Agreement
GI
Exhibit "A"
PCS SITE AGREEMENT
Page I of 4
Site Natne: Helen Court Water an sit.
I. &O-Mrly and UR. 2.lcrM.The term ofthis Agreement(the"Initial Term")is twenty
A. The City of Redlands ("Owner") is the owner of the real (20) years, commencing on the date ("Commencement Date")
property and improvements described in Exhibit 'A" (thee both Cox and Owner have executed this Agreement.
"Property") and hereby leases to Cox PCS Assets, L,L,C,, a
Delaware limited liability company ("Cox'), a portion of the 3. fkal. Rent shall be in the amount of Twenty-Five Thousand
Property as described in Exhibit"A"herein referred to as the"Site" Dollars($25,000.00 per year,for each year during the term of this
which consists of. (i) approximately 667 square feet upon which Agreement. Rent will be increased every rive years on the
Cox will construct its equipment base station; (ii)ground space for anniversary of the Commencement Date by fifteenpercent(150/0).
installation of antenna poles and (iii) ground space for cable runs
to connect the equipmentand antenna poles in the locations on the . Title-and-Umki Passo
essi Owner represents and agrees(a)
.-
Property described in Jbg pla§ Mg_kCd a5FxbjbiJ"a" attached that it is the Owner of the Site; (b)that it has the right to enter into
hereto,and pursuant to the terms and conditions of Conditional this Agreement:(c)that the person signing this Agreement has the
Use Permit("CUP")No,728 attached hereto as Exhibit authority to sign: (d) that Cox is entitled to access and use of the
Site as provided herein throughout the term of this Agreement.
B. The Site shall be used by Cox,subject to the conditions set Notwithstanding the forgoing,in the event of any situation which
forth in CUP No,728,for the sole purpose of installing,removing, poses an immediate threat of substantial harm or damage to
replacing,maintaining,modifying and operating,at its expense,a persons and/or property and which requires entry on the Site by
personal communications service system facility ("PCS"), Owner, Owner may enter the Site and take such actions as are
including,without limitation,related antennas,equipment,back- required to protect individuals or personal property from such
up power sources (including generators and fuel storage tanks), substantial harm or damage; provided that promptly after such
cable,wiring and fixtures and,if applicable,an antenna structure, entry into the Site (in no event later than forty-eight(48) hours),
Owner hereby grants Cox an easement for ingress to and egress Owner gives telephonic and written notice to Cox ofOwner's entry
from the Property and access to Coy s Site and improvements onto the Site.
located on the Property as shown on Exhibil-,B,and Cox shall have
access to the Site twenty-four(24)hours per day,seven(7)days per 5. AlagMCnolibleffing, Cox shall not assign or transfer this
week. Cox shall use the Site> in a manner which shall not Agreement or sublet all or any portion of the Site without the prior
unreasonably disturb the occupancy of Owner's other tenants,or written consent of Owner,which consent will not be unreasonably
Owner's use of the Property. withheld. In the event Cox attempts any assignment or transfer
without the Owner's prior written consent,such action shall be null
C. In construction and use of the Site by Cox, Cox shall and void, and this Agreement shall immediately be subject to
remove no trees that are present on the Property at the time Cox termination at the option of Owner.
takes possession of the Site. Violation of this provision shall be
grounds for immediate tentrination of the lease by Owner at the 6. Notices All notices shall he in writing and are effective three
Owner's sole discretion. Owner shall be entitled to immediate days after deposited in the U.S.mail,certified and postage prepaid,
possession of the Site and reten Lion of all prepaid rent as liquidated or the next business day when sent via overnight delivery, Notices
damages for violation of this Section. to Cox are to be sent to 4683 Chabot Drive,Suite 100,Pleasanton,
CA 94588 with a copy to Sprint Law Department, 6391 Sprint
D. Cox is leasing the Site in."AS-IS" condition and Owner Parkway, MailSLop: KSOPHT0101-Z2020, Overland Park,
does not represent that the Site is suitable for Cox's intended use. Kansas 66251-2020,Attention: Sprint PCS Real Estate Attorney.
Cox is responsible to undertake such due diligence as it deems Notices to Owner shall be sent to the address shown underneath
necessary to determine the condition and suitability of the Site. Owner's signature,
7. Improvements. Cox may, at its expense, make any
improvements on the Site permitted pursuant to CUP No. 728,
Nmlrdinv,.SB-35 XC 5,teAgrvernencRNdApd
hme 14,2001
PCS SITE AGREEMENT
Paget of 4
I.R.Qua&ter Tank Site U& - t o
n trance with t�m. Cox shall comply with all applicable non-disturbance agreements or cagier approvals (collectively,
laws relating to Cox's operation of the PCS and the improvements "approvals") reasonably desired by Cox or required from any
constructed by Cox at the Site: governmental authority or any third party related to or reasonably
necessary to operate the PCS system,or if any such approvals are
.I►tf�rferP ce.Coxshallresolve technical interference problems canceled,expire or are withdrawn or terminated,or(ii) if Owner
with other equipment located at the Site at the time of its entry fails to have ownership of the Site or authority to enter into this
onto the Site orwith any equipment that Cox attaches tothe Site at Agreement, or (iii) if Cox, for any other reason, in its sole
any future date if Cox desires to add additional equipment to the discretion, determines that it will be unable to use the Site. Upon
Site. Owner will not permit the installation of any future termination;all prepaid rent shall be retained by Owner, unless
equipment which results in technical interference problems with termination is pursuant to(ii)above or a result of Owner's default.
Cox's then existing equipment,subject to the terms set forth in this If,after the commencement of full resit under this Agreement,Cox
paragraph 9. Owner shall have the right to have installed terminates this,agreement pursuant to Section (iii) above; Cox
equipment by any other provider that City allows on the Helen will pay Owner a termination fee equal to six (fa) months of the
Court Water Tank site,except that this new provider's use cannot then current annual rent:
interfere with Cox's operation at the Site. Coax shall allow the
installation of equipment for use by the City of Redlands or its 11B If Cox violates any term or condition of CLIP No.729 lir of
agencies or departments('New Equipment") and Cox shall have this Agreement,or if Owner,in its sole discretion,determines the
the obligation to resolve any interference resulting therefrom, use of the Site by Cox is impairing or hindering Owner in any
However, prior to installation of any New Equipment at the manner so that continued use by Cox is determined not to be in the
Property; Owner will give Cox not less than thirty(30)days prior Owner's best interest,and after notice and a reasonable time not to
written notice, which notice shall include the technical exceed thirty(30)days to cure said impairment or hindrance,;and
specifications of the New Equipment proposed to be installed and at the sole discretion of Owner, Owner determines that Cox is
its proposed location. Thereafter,Owner will use its best efforts unable to cure said impairment or hindrance,Owner may,without
to locate the New Equipment on the Property in a manner so that further liability,immediately terminate this Agreement by written
no interference will result between the operation of Cox's notice to Cox. Upon termination,all prepaid rent,as prorated by
equipment and the proposed New Equipment. If, despite all use,shall be returned to Cox, up to a maximum of six months of
reasonable efforts,interference between the City Equipment and the annual rent. Cox shall be allowed to remove all of its personal
Cox's equipment cannot be avoided, then Owner may terminate property,incl udingitsequipment,cabling and antennas,andreturn
this Agreement by giving Cox thirty (30) days written notice of the Site to its pre-agreement condition.
terminatitan. Dent will continue until Cox vacates the Site;and will
be prorated, 12. 12daul If either party is in default under this Agreement for
a period of(a)fifteen (16) days following receipt of notice from
10. DIU11110. Owner grants Cox the right to obtain telephone and the non-defaulting party with respect to a default which may be
electrical service for the operation of its PCS in the locations cured solely by the payment of money, or (b) thirty (30) days
designated on LAWWLE and CUP 728. Cox shall pay for all following receipt of notice from the non-defaulting art with
utilities used by it at the Site.Owner will cooperate,to the extent respect to a default which may not be cured solely by the payment
allowed by law,with Cox in Cox's efforts to obtain utilities from of money, then, in either event, the non-defaulting party i
ay
any location provided by Owner or the servicing utility,including pursue any remedies available to it against the defaulting party
signing any license agreement or other instrument reasonably under applicable law, including, but not limited to, the right to
required by the utility company,provided Owner incurs no cost or terminate this Agreement. If the non-monetary default may not
expense therefore, reasonably be cured within a thirty (30) day period, this
Agreement may not be terminated if the defaulting party
11• lmliiaafim A. Cox"niay terminate this Agreement at any commences action to dire the default within such thirty day period
time by sixty (60) days prior notice to Owner without further and proceeds with due diligence to fully cure the default:
liability if(i)Cox does notobtain all permits,consents,easements,
GACA.IEWSYSIM RINT",%uthem Cai1(0f1*Y WmardJ w,,,5fl3::S5 X(. 81(B)',p S,,j10 Ag etm,r 4'nt+3 wixi
June a4.:?til
PCS SITE AGREEMENT
Page 3 of 4
Site Name, Helen Court Water Tank t I.M. „58-35-x 1
13. ' . Owner and Cox each shall`71 indemnify,defend and interest created by this Agreement may be subject to property
hold each other harmless from any and all,costs (including taxation and Cox may be subject to the payment of a
reasonable attorneys' fees) and claims of liability or loss which property/possessory interest tax levied on such interest. Cox shall
arise out of the ownership,use and/or occupancy of the Site by the be solely responsible for the payment of such taxes and shall
indemnifying party. This indemnity does not apply to any claims defends indemnify and hold Owner harmless from and against any
arising from the sole negligence or intentional misconduct of the and all claims or actions for payment (or nonpayment) of such
ndemnifiedparty.The obligations under this Section shall survive taxes,
the expiration or termination of this Agreement.
19. Miseetiantm, (a) This Agreement applies to and binds the
14. Haxardnus nbstancPs. Owner represents that it has no successors,and assigns of the parties to this Agreement; (b)This
knowledge of any substance, chemical or waste (collectively, Agreement is governed by the laws of the State of California; (c)
"substance')on or under the Site or Property that is identified as This Agreement (including the Exhibits) constitutes the entire
hazardous, toxic or dangerous in any applicable;federal;state or agreement between the parties and supersedes all prior writtenand
local law or regulation, Cox shall not introduce or use any such verbal agreements, representations,promises or understandings
substance on the Site in violation of any applicable law. between the parties,and any amendments to this Agreement must
be in writing and executed by both parties; (d) If any provision of
1S. a . Cox;shall be responsible for payment of all real and this Agreement is invalid or unenforceable with respect to any
personal property taxes assessed directly upon the Property and party,the remainder of this Agreement or the application of such
arising from its use of the PCS on the Site. provision to persons other than those as to whom it is held invalid
or unenforceable,will not be affected and each provision of this
19, Cox shall procure acid maintain commercial Agreement will be valid and enforceable to the fullest extent
general liability insurance,with Bruits of not less than One Million permitted by law; and (e) The prevailing party in any action or
Dollars ($1,000,000) combined single limit per occurrence for proceeding in court to enforce or interpret the terms or conditions
bodily injury and property damage liability, with a certificate of of this Agreement is entitled to receive its reasonable attorneys'
insurance to be furnished to Owner prior to Cox's occupancy of the fees and other reasonable costs and expenses from the non-
Site. Owner shall be named an additional insured under the prevailing party,
insurance policies required of Cox, and such insurance shall be
primary with respect to Owner and non-contributing to any 20.Rec4 abrin.In entering into this Agreement,Cox and Owner
insurance or self-insurance maintained by Owner. Such policy acknowledge and agree that,among other things,it is the express
shall provide that cancellation or modification will not occur intention of the parties that any and all other persons and/or
without at least forty-five(45)days prior written notice to Owner. potential successors in interest and assigns of Cox have actual and
constructive notice of Cox's obligations under and the benefits and
17. Maintenance, Cox shall be responsible for repairing and burdens of, this Agreement. Therefore, the Parties agree to
maintaining the PCS and any other improvementsinstalled by Cox execute a memorandum of PCS Site Agreement (Exhibit 'D")
at the Site in a proper operating;and reasonably safe condition, which shall be recorded in the official records of the County of San
provided,however, if any such repair or maintenance is required .Bernardino. Said Memorandum shall be recorded prior to and a.
due to acts of Owner, .its agents or employees, Owner shall conduit of obtaining:approval of and recording of all building
reimburse Cox for the reasonable costs incurred by Cox to restore permits. Costs of the recording,of this memorandum shall be paid
the damaged areas to the condition which existed immediately for by Cox.
prior thereto, Owner will maintain and repair all other portions
of the Property of which the Site is a part in a proper operating and The following Exhibits are attached to and made a part of this
reasonably safe condition, Agreement: Exhibits A,B, C and D
I& ossmory Iy tsiIn accordance with California Revenue
and Tax Code Section 107 g,Owner hereby notifies Cox that the SIGNATUM FOLLOW ON PAGE 4
C",CLt�tiT`t➢'�i4�i�i2d?�t'fi^ rh�rrY C;a9aFrsmda'..San f3�ea�-�rEttrxr4.SL3 3aXC t;�i9(i"5},[ai�S 5,terlgnemcsrt.F°"lnal spry
"soe 14,2001
PCS SITE AGREEMENT'
Page a of 4
Site M Helen Court Water T nk sit I.I? -3 -0811BI
OWNER: CITY OF REDLANDS,
Gal'' la rtunici a3 crrperatian;
x
By: Attest:
Print Name: P $ iilbreat
.
or e
Its. _ ---- Fei iflrr
S.S.aax No,:
;address for Notice and Rent:
Post Office Bax 3005
Phone: (900) 793-2661
Dated: Sept. 1 „ 2001
COX PCS ASSETS,L.L,C,,
a Delaware l*k"k-
George
y Ghantous
Its: regional Director of Site Development
Dated 2001
FNTS..JSKSPRIT ^F", Uthrrn.:azEfcrertla+.Sin §,trra+trrtdeici F.-S5,XC Qui UTCS'SUt Agrcamit Final wpd
!erne Yd,Zi -
EXHIBIT A
to
PCS SITE AGREEMENT
DESCRIPTION F OWNER'S PROPERT`r''
DESCRIPTION ()F PROPERTY LEASED TO CO
,site .Nance;Helen Sneet Water Tank Site I.D.No.. SB-35-XC-081(B)
Description of Owner's Property.
The real property situated in the County of San Bernardino, State of California, and more particularly describe
as:
That portion of Lot 13 in Section 7,Township 2 South,Range 2 West, San Bernardino Meridian, in
the County of San Bernardino, State of California, according to the official plat thereof, described as
follows:
Beginning at a paint on the West line of said Section 7, being South 1'09'East
1,880.00 feet from the Northwest corner of said Section 7;
thence from this point of beginning along said.Nest line of said Section 7, South
1' 9' East 225.5 feet;
thence North 8 "51` East 200.00 feet;
thence North 1' 09' Nest 100.00 feet;
thence North 12° 29' West 128.00 feet;
thence South 88° 51'West 174..85 feet to the Pont of Beginning:
Together with that portion conveyed to the City of Redlands by deed recorded
December 28, 1953 in Book 3301, page 119,Official Records.
Description of Property Leased to Cox;
That portion of Lot 13 in Section 7, Township 2 South,Range 2 West, San Bernardino Meridian, in the
County of San Bernardino, State of California,according to the official plat thereof, described as
follows:
The South 23.00 feet of the North 38.75 feet, together with the East 29.00 feet of the West 149.00 feet
of said Lot 1`3 as shown on the "not a part" portion of sheet 2 of 3 Parcel Map No:5422 filed in Book
133, Mages 98-100 of parcel maps in the office of the County Recorder of said County.
Description of Access Easement Leased to Cox
A 20 foot strip of land in trot 13 in Section 7,Township 2 South, Range 2 West, San Bernardino
Meridian, in the County of San Bernardino, State of California, according to the official plat thereof, the
centerline of said strip described as follows;
Beginning at a point on the:northerly tine of the"Not a Part„ portion of sheet 2 of 3 Parcel Map No.
5422 tiled it book 133, pages 98-100 of Parcel Maps in the office of the County Recorder of said
County, said point tieing 15.85 feet from the Northeast corner of said portion; thence perpendicular to
said line S00° 7'45''E, 33.75 feet the point of termination.
Owner Initials
Cox InitialsW� -9
EXHIBIT B
to
PCS SITE AGREEMENT
DESCRIPTION OF COX'S SITE
Site Name: Helen Court Water Tank Site I Q No•SB-83-XC-081
[Site Plans Attached Consisting of v , Pages]
Owner Initials
Cox Initials
spSprint Lease Area { rffit»
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EXHIBIT C
to
PCS SITE AGREEMENT
CONDITIONAL USE PERMIT NO. 728
Site Name: Helen Court Water Tank Site LD.No.:SS-35-XC-081
[Conditional Use Permit Issued by City of Redlands Attached Consisting of 3 Pages]
Owner Initials
Cox Initials
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CONDITIONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR
CONDITIONAL USE PERMIT NO. 728
Date of Preparation; March 7, 2001`
Planning Commission Date. March 13, 2001
Applicant; Sprint PCS
Location; Southwest of Helen Court
The following items are information for the applicant to be aware of during the development
process:.
• The issuance of any permits shall comply with all provisions of the Redlands Munici al
Code.
• Unless construction hes commenced pursuant to a building permit,or a time extension
is granted in accordance with Code, this application shall expire on March 13, 2703.
The proposed project is for the installation of four (4) twenty-five (25) foot cellular towers
with two(2)antennas on each pole for a wireless telecommunication facility. The proposed
cellular facility is located on a parcel that is approximately one(1) acre in size and contains
a city water tank. The cellular facility includes six (6) ancillary equipment cabinets that
would be contained within an six ( ) foot high chain link fence except as noted below
located in this: northeast portion of the site. The proposed cellular tomer would be provided
with a stealth treatment in the form of a lollipop design.
CONDITIONS OF APPROVAL.
1; All plans submitted to the City shall reflect all elements of the Planning Commission
approval and any other changes required by the Commission and/or staff. This
condition applies to site plans, landscape plans, elevations, grading, and all other
illustrations, text, or plans submitted to the City in connection with the project.:
. All utilities shall be placed underground. Plans shall be submitted that detail the
undergroundin of all on-site utilities,subject to review and approval by the Community
Development Director, prier to issuance of building permits.
_. ground mounted equipment shall be screened from public view on all sides subject
to review and approval by the Community Development Director, prior to issuance of
building permits.
4, Multiple electrical maters shall be fully enclosed and incorporated into the overall
architectural design of the buildings). The location and method &7
or
screening of this equipment shall be shown on the final working drawings prior to
building permit issuance. Location of said equipment shall be coordinated with
appropriate utility company (i.e., Southern California Gas Company or Southern
California Edison Company) The applicant shall submit plans showing details of
screening subject to review and approval by the Community Development Director,
prior to issuance of building permits.
5. The project site shall be kept in a weed and dust free condition throughout all periods
of development.
6. Noise producing equipment shall be acoustically insulated to prevent impacts on
adjacent residential uses andiar sensitive receptors. The location of such equipment
shall be shown on the site plan and shall be subject to review and approval by the
Community Development Director, prior to issuance of building permits. The plans
should also detail any noise reduction measures taken.
7. Exterior fire and/or mechanical equipment shall be appropriately screened or painted
to match the freeway sign color, except for equipment designated by the Fire Chief as
being exempt from this requirement.
8. Pursuant to Government Code Section 66020(d), certain fees, dedications,
reservations or exactions imposed by the City as a condition of approval of this project
are subject to a statutory ninety (90) day protest period. Please be advised that the
ninety (90) day protest period for those fees, dedications, reservations and exactions
which are subject to Government Code Section 66020(a) has commenced to run on
the date this project was approved by the City.
9. The maximum height of all fencing shall not exceed six (6) feet in height. No barbed
,wire shall be placed at the site,
10. The equipment cabinet area shall be enclosed on the north and east side by a six (6)
foot tall decorative block wall. The south and west side may be enclosed by a six (6)
foot tall chainlink fence.
Approved by',
JeffegjL. Shaw
Community Development Director
3
471
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A
Wh.`.' .
INTER OFFICE MEMORANDUM
NDUM
a,
Cflm'munity Development Department'
PLANNING DIVISION.
DATE. MARCH 001
T PLANNING COMMISSION
FROM: ,JOHN JAQUESS
CITY PLANNER
SUBJECT: CUP 728 - SPRINT PCS
Since the staff report was prepared and transmitted to the Planning Commission, it was
brought to the attention of staff by the City Attorney's office that an additional condition
of apprcval'was needed, This condition is to address the fact that any approval to use
the City property for private use must be subject to an approved lease between the City
Council and the leasee, in this case> print PCS. Therefore, the fallowing condition of
approval is proposed to be added as part of the Planning Commission's action if
approval is granted.
Condition No; 11 (added)
11. Approval of this application for a conditional use permit does not allow the
applicant the right to enter onto City property unless and until an approved
executed lease agreement exists between the>applicant and the City for the right
to place a wireless telecommunication facility on site at the City's water tank
property, Further, approval of this conditional use permit does not commit the
City to negotiate or eater into a lease agreement with the applicant. The
applicant expressly consents,to the addition of this condition of approval.
i
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Spectrum L
4883 Chabot Drive, Suite 100
Pleasanton, CA 94588
Attn::.. Property Specialist. San g�
Bernardino County, SB-35-XC-081(B) SPACE ABOVE THIS LINE FOR RECORDERS USE
MEMORANDUM OF AGREEMENI
THIS MEMORANDUM OF PCS SITE AGREEMENT is made and entered into as of June
19 , 2001 by and between City of Redlands, a municipal corporation ("Owner") and CO
PCS ASSETS, L.L.C.,a Delaware limited liability company ("Cox").
WIINE55EILL
That Owner has leased to Cox and Cox has leased from Owner a portion of that certain
real property (the "Property") in the State of California, County of San Bernardino, City of
Redlands commonly known as Helen Court Water Tank:site, a legal description of which i
shown in attached hereto and incorporated herein by reference, tinder the terms
and conditions of the unrecorded PCS Site Agreement by and between Owner and Cox darted
.dune 1-9, 2001, and incorporated herein by reference (the"Agreement") for a term of twenty
( ) years.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day
and year first above written:
COX PCS ASSETS, L.L.C., CITY OF RED ANDS
a Delaware'li li bi o
George Ghantous Mayor, City of Redlands
Title: Regional Director of site Development
Address; 4683 Chabot Drive, Suite 10
Pleasanton, California 94588 ATTEST:
Ci rk
EXHIBIT B to
PCS SITE AGREEMENT
CXLIENTS1JSS1SPR1' mCWc,m4rd+rwaseW35-XC=0et(s) a WW
June C#.20DI