HomeMy WebLinkAbout4.04 Sprint PCS At Shannon CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 3, 2004
SIJBJECT: Acceptance of Improvements at Shannon Community Center by
Sprint PCS, and Approval of Amendment to pCS Site Agreement for
Telecommunications Facility at Shannon Community Center
Rel)ort Prepared by: Melissa Morton, Public V~orks Director
ATTACHMENTS: 1) Resolution accepting improvements at the City's Shannon
Community Center by Sprint PCS, together with Exhibit A:
Amendment to PCS Site Agreement
2) Original PCS Site Agreement
3) ' Vicinity Map
RECOMMENDATION: . ~f Adopt the Resolution accepting improvements at the City's Shannon
Community Center by Sprint PCS and approving the Amendment to
., the PCS Site Agreement
FINANCIAL STATEMENT: Sprint Spectrum, L.P., has provided a Maintenance Bond in the
amount of $9,843 to guarantee against defects for one year. Once
the improvements have been accepted, the City will incur associated
maintenance costs for the City-owned improvements, and Sprint
Spectrum, L.P., will maintain its facilities.
DESCRIPTION: Sprint Spectrum, L.P. (also referred to as "Sprint PCS"), recently
completed the installation of a private telecommunication facility at the City's Shannon Community
Center. The facility includes a small equipment building, an antenna attached to an existing light pole,
and various underground electrical and telephone conduits and feeds. The City leased a small portion of
land to Sprint PCS for the facility pursuant to a PCS.Site Agreement executed by the City on November 6,
2001. As part of the project, Sprint also provided improvements at the Shannon Community Center,
including a trash enclosure, landscaping and irrigation enhancements, and a pavement slurry seal at the
rear of the Shannon Center parking lot. Said improvements were constructed pursuant to an Improvement
Agreement executed on November 5, 2002, in accordance with Council Resolution No. 201-02.
Now that this facility and all required improvements are complete, Sprint PCS has requested that the City
do the following:
· Accept the improvements governed by the Improvement Agreement and accept a Maintenance
Bond to replace the original Performance Bond and Labor and Materials Bond
COPIES TO: George Ghantous, Sprint PCS
Julie Skidmore, Sprint PCS
ITEM NO. ~
G:XDEVELOP\Sprint PCS\agstacpt.doc \ ~ ~)-'~
· Amend the PCS Site Agreement to include an accurate description of the area occupied by the
facility and related appurtenances for purposes of the lease
At the time that the City and Sprint PCS executed the ImprOvement Agreement, the developer provided
a Performance BOnd and a Labor and Materials Bonds, each in the amount of $39,370.25, to guarantee
performance of the work. Now that the wOrk is complete, these bonds may be released in accordance
with the authority contained in §66499.7 of the Government Code, and replaced with a Maintenance Bond
submitted by Sprint PCS in the amount of $9,843.00 to warranty the work for a one-year period following
acceptance.
The PCS Site Agreement currently describes the entire Shannon Community Center property as the lease
area, with reference to a preliminary set of plans to illustrate the location of the facility. Since the facility
has been constructed, the original description of the lease area can be supplemented by a description of
that portion of the Shannon property occupied by the facility. The additional description was prepared by
Sprint PCS's land surveyor and reviewed for accuracy by the City Engineer. The proposed Amendment
will supplement the original site description with a new exhibit that controls the size and 19cation of
Sprint PC S's leased site and specifically identifies the loCation of Sprint's telephone and utility easements
on the property. All terms and conditions not specifically modified by the Amendment shall remain in
full force and effect.
Staff recommends that the City Council adopt the Resolution accepting improvements at the City's
shannon Center by Sprint PCS and approving the Amendment to the PCS Site Agreement.
G:kDEVELOP\Sprint PCSXagstacpt. doc Page 2
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING IMPROVEMENTS BY SPRINT PCS AT SHANNON COMMUNITY CENTER,
AND APPROVING THE AMENDMENT TO THE PCS SITE AGREEMENT FOR THE
TELECOMMUNICATION FACILITY AT THE SHANNON COMMUNITY CENTER
(SPRINT SPECTRUM, L. P., A DELAWARE LIMITED PARTNERSHIP)
WHEREAS, the City of Dublin is the legal owner of the Shannon Community Center located at
11600 Shannon Avenue (APN 941-0102-001) in the incorporated territory of the City of Dublin, State of
.California; and
WHEREAS, Sprint Spectrum, L. P., and the City of Dublin entered into a PCS Site Agreement on
November 6, 2001, that governs Sprint's lease of a portion of the Shannon Community Center property;
and
WHEREAS, Sprint Spectrum, L. P., was granted an entitlement to construct a telecommunication
facility at the Shannon Community Center in accordance with Conditions of Approval for a Conditional
Use permit and Site Development Review, City Council Resolution 174-01 (P.A. 01-018); and
WItEREAS, Sprint Spectrum, L. P., entered into an Improvement Agreement with the City to
construct the telecommunications facility and provide improvements at the Shannon Community Center
in accordance with plans and specifications on file with the Public Works Director, said improVements
identified as follows:
a) Developer: Sprint Spectrum, L. P., A Delaware
Limited Partnership
b) Location: 11600 Shannon Avenue
c) Resolution Approving Agreement: No. 201-02, City of Dublin City Council
e) City Streets Affected: None
WHEREAS, the improvements associated with the City's Shannon Community Center are
complete in accordance with said planS and specifications and any approved modifications thereto to the
satisfaction of the Public Works Director of the City of Dublin; and
· WHEREAS, the original Performance Bond and Labor and Materials Bond can be released, in
accordance with authority contained in §66499.7 of the Government Code of the State of California; and
WHEREAS, Sprint Spectrum, L.P., proposes a First Amendment to PCS Site Agreement to
supplement the original agreement's Exhibit "B" with Exhibit "1" to the amendment which controls the
size and location of Sprint's leased parcel area, telephone easement area, and utility easement area to
reflect the actual area occupied by the telecommunications facility and appurtenances; and
WHEREAS, the Public Works Director has reviewed the First Amendment to PCS Site
Agreement and determined that it is in the best interest of the City to approve the amendment reqUest;, and
WHEREAS, this amendment (Exhibit "A" of the Resolution) hereby incorporates by reference
all terms and conditions set forth in the original Agreement, and all terms and conditions which are not
specifically modified by the amendment shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed within said Shannon Community Center are hereby
approved and accepted subject to a one-year guarantee period; and
2. The original Faithful Performance Bond issued by Travelers Casualty and Surety Company
of America (Bond No. 103869473) in the amount of $39,370.25 be released; and
3. The original Labor and Materials Bond issued by Travelers Casualty and Surety Company
of America (Bond No. 103869473) in the amount of $39,370.25 be released; and
4. The submitted Maintenance Bond issued by Travelers Casualty and Surety Company of
America in the amount of $9,843.00 (Bond No. 104233533) be accepted as security for the
aforesaid one-year warranty period, said period to commence on this date and terminate on
the 3rd day of February, 2005.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin, by adopting this
resolution, hereby approves the First Amendment to PCS Site Agreement, attached hereto as Exhibit A,
between the City of Dublin and Sprint Spectrum, L. P., for Sprint's lease of a portion of the Shannon
Community Center property.
BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to
execute the First Amendment to PCS Site Agreement, and directs the City Clerk to forward the executed
amendment, along with a certified copy of this Resolution to Sprint Spectrum, L. P., for recording.
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:~DEVELOP\Sprint PCSXresoacpt.doc
2
°- EXHIBIT "A" TO RESOLUTION - 04
FIRST AMENDMENT TO ?CS SiTE AGREEMENT
Page 1 of 1
Site Name: Northwest Dublin Site I.D. No.: SF36XC022(A)
This First Amendment to PCS Site Agreement (the "Amendment") is entered into by and bet-ween
Sprint Spectrum, L.P., a Delaware limited partnership ("Sprint") and the City of Dublin, a municipal
corporation ("Owner'), as of this day both Sprint and Owner have executed this Amendment.
A, Owner and Sprint entered into a PCS Site Agreement dated November 6, 2001 (the
"Lease") whereby Owner leased to Sprint a portion of certain property and granted to Sprint certain other
access and utility easements in, on, over and across that certain property owned by Owner commonly
known as 11600 Shannon Avenue, Dublin, California, a legal description of such property is attached as
Exhibit A to the Lease (the "Property").
B. Owner and Sprint desire to amend the Lease to provide for a more precise definition of
Sprint's leased Site and to specifically identify the location of Sprint's telephone and utility easements on
the Property.
Now, therefore, for valuable consideration, the sufficiency in receipt of which is hereby
acknowledged, Sprint and Owner agree as follows:
Site Description. Owner and Sprint agree that Exhibit B of the Lease is hereby
supplemented with Exhibit 1 to this Amendment. Sprint and Owner agree that Exhibit 1 to this
Amendment shall control the size and location of Sprint's leased parcel area, telephone easement area and
utility easement area.
2. Notice Address. Sprint and Owner agree that Sprint's addresses as set forth in Sectioff6
of the Lease are hereby amended to be as follows:
National L~ase Management Group
6391 Sprint Parkway; Mailstop KSOPHT0101-Z2650
Overland Park, Kansas 66251 ~2650
ATTN: SF-36~XC-022(A)
with a copy to:
Sprint Law Department
6391 Sprint Parkway, Mailstop KSOPHT0101-Z2020
Overland Park, Kansas 66251-2020,
Atm.: Sprint PCS Real Estate Attorney, SF-36-XC-022(A)
3'. Miscellaneous. Except as is specifically set forth herein, all of the terms and conditions of
the Agreement shall remain unchanged and in full force and effect.
Sprint: Sprint Spectrum L.P., Owner: City of D~blin, a municipal corporation,
a Delaware limited partnership
By:. Prifit Name:
George Ghantous, Director Site Delivery
Its:
Dated: November ff/¢',~2003
Dated:
EXHIBIT 1
LEASED PARCEL AREA, UTILITY EASEMENT, TELEPHONE EASEMENT
Site Name: No~hwest Dublin Site I.D. No.: SF36XC022(A)
Legal Description of leased parcel area, utility easement and telephone easement, consisting of 7
pages are attached hereto and incorporated herein by this reference.
Sprint Initials
Owner Initials_
LEGAL DESCRIPTION
LEASE-PARCEL AREA
A 12 FOOT BY 23 FOOT (12' X 23') LEASE PARCEL AREA LOCATED
ENTIRELY WITHIN THE LANDS CONVEYED TO THE CITY OF DUBLIN AS
DESCRIBED IN THE QUITCLAIM DEED RECORDED ON JULY 1, 1988 IN THE
OCm~: OF THE COUNTY RECORDER OF ALAMEDA COUNTY UNDER
SERIES NO. 88-158845, IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND PEPPERTREE ROAD AS
SHOWN ON THE MAP ENTITLED "TRACT 4569", FILED IN THE OFFICE OF
THE COUNTY RECORDER OF ALAMEDA COUNTY IN BOOK 127 .OF MAPS,
AT PAGE 65, SAID POINT OF COMMENCEMENT BEARING NORTH 87°43'12''
WEST, 246.78 FEET FROM A FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND DENISE COURT AS SHOWN
ON SAID "TRACT 4569"; THENCE ALONG A MATHEMATICAL TIE NORTH
41°48'23" EAST, 957.39 FEET TO THE WESTERLY CORNER OF AND THE
POINT OF BEGINNING FOR THE HEREIN DESCRIBED LEASE PARCEL
AREA; THENCE AROUND SAID LEASE PARCEL IN A CLOCKWISE
DIRECTION THE FOLLOWING BEARINGS AND DISTANCES:
1) NORTH 51042'47'' EAST, 12.00 FEET;
2) THENCE AT RIGHT ANGLES SOUTH 38°17'13" EAST, 23.00 FEET;
3) THENCE AT RIGHT ANGLES SOUTH 51°42'47'' WEST, 12.00 FEET;
4) THENCE AT RIGHT ANGLES NORTH 38°17'13" WEST, 23.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 276 SQUARE FEET MORE OR LESS.
TOGETHER WITH:
A FIVE FOOT WIDE UTILITY EASEMENT LOCATED ENTIRELY WITHIN THE
LANDS CONVEYED TO THE CITY OF DUBLIN AS DESCRIBED IN THE
QUITCLAIM DEED RECORDED ON JULY 1, 1988 IN THE OFFICE OFTHE
COUNTY RECORDER OF ALAMEDA COUNTY UNDER SERIES NO. 88-
158845, IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS ~
FOLLOWS: -
COMMENCING AT FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND PEPPERTREE ROAD AS
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\\SRN1WOLlkPROJECT~ATIA0000-1000 009XAtia- 1000 009kAdmin~Rep0rtsXLPA_LGL.doc
SHOWN ON THE MAP ENTITLED "TRACT 4569", FILED IN THE OFFICE OF
mw: r-.~ I~n-v RECORDER OF AL&M~=r~A COUNTY IN BOOE 127 OF MAPS
AT PAGE 65, SAID POINT OF COMMENCEMENT BEARING NORTR 87°43'1'2"
WEST, 246.78 FEET FROM A FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND DENISE COURT AS SHOWN
ON SAID "TRACT 4569"; THENCE ALONG A MATHEMATICAL TIE NORTH
4! °48'23" EAST, 957.39 FEET TO THE WESTERLY- CORNER OF AND THE
POINT OF BEGINNING FOR THE HEREIN ABOVE DESCRIBED LEASE
PARCEL AREA AND THE POINT OF BEGINNING FOR SAID FiVE FOOT
WIDE UTILITY EASEMENT; THENCE AROUND SAID FIVE FOOT WIDE
UTILITY EASEMENT IN A CLOCKWISE DIRECTION THE FOLLOWING
BEARINGS AND DISTANCES: SOUTH 38°1713" EAST, 5.00 FEET; THENCE
SOUTH 51042'47'' WEST, 1.92 FEET; THENCE NORTH 38°17'13'' WEST, 6.77
FEET; THENCE SOUTH 72°10'39" WEST, 10.82 FEET; THENCE
SOUTHWESTERLY ALONG A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 2.50 FEET THROUGH A CENTRAL ANGLE OF.70°42'48" AN ARC
DISTANCE OF 3.09 FEET; THENCE SOUTH 01°27'51" WEST, 26.19 FEET;
THENCE SOUTHERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING
A RADIUS OF 12.50 FEET THROUGH A CENTRAL ANGLE OF 16004'25" AN
ARC DISTANCE OF 3.51 FEET; THENCE SOUTH 17°32'1'6.' WEST, 13.10
FEET; THENCE SOUTHWESTERLY ALONG A TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 12.50 FEET THROUGH A CENTRAL ANGLE
OF 42052'23'' AN ARC DISTANCE OF 9.35 FEET; THENCE SOUTH 60024'39''
WEST, 14.63 FEET; THENCE SOUTHWESTERLY ALONG A TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 7.50 FEET THROUGH A
CENTRAL ANGLE OF 62042'30'' AN ARC DISTANCE OF 8.21 FEET; THENCE
SOUTH 02°17'51" EAST, 27.67 FEET; THENCE SOUTHERLY ALONG A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 12.50 FEET
THROUGH A CENTRAL ANGLE OF 28043'43'' AN ARC DISTANCE OF 6.27
FEET; THENCE SOUTH 26025'52'' WEST, 11.95 FEET; THENCE SOUTHERLY
ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 7.50 FEET
THROUGH A CENTRAL ANGLE OF 26025'52'' AN ARC DISTANCE OF 3.46
FEET; THENCE SOUTH, 7.14 FEET; THENCE NORTH 86047'55" EAST, 12.08
FEET; THENCE SOUTH 03°08'14" EAST, 12.97 FEET; THENCE SOUTH
86047'55'' WEST, 15.18 FEET; THENCE NORTH 12°28'33'' WEST, 12.10 FEET;
THENCE NORTH, 8.44 FEET; THENCE NORTHERLY ALONG A TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 12.50 FEET THROUGH A
CENTRAL ANGLE OF 26°25'52" AN ARC DISTANCE OF 5.77 FEET; THENCE
NORTH 26025'52'' EASTi 11.95 FEET; THENCE NORTHERLY ALONG A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 7.50 FEET
THROUGH A CENTRAL ANGLE OF 28043'43" AN ARC DISTANCE OF 3.76
FEET; THENCE NORTH 02°17'51'' WEST, 27.67 FEET; THENCE
NORTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 12.50 FEET THROUGH A CENTRAL ANGLE OF 62042'30'' AN
ARC DISTANCE OF 13.68 FEET; THENCE NORTH 60024'39'' EAST, 14.63
FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE TO THE
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LEFT HAVING A RADIUS OF 7.50 FEET THROUGH A CENTRAL ANGLE OF
42052'23'' AN ARC DISTANCE OF 5._61 FEET THENCE NORTH 17°32'!6''
EAST, 13.10 FEET; THENCE NORTHERLY ALONG A TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 7.50 FEET THROUGH A CENTRAL ANGLE
OF 16004'25'' AN ARC DISTANCE OF 2.10 FEET; THENCE NORTH 01°27'51''
EAST, 26.19 FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 7.50 FEET THROUGH A CENTRAL
ANGLE OF 70042'48'' AN ARC DISTANCE OF 9.26 FEET; THENCE NORTH
72010'39'' EAST, 14.29 FEET; THENCE SOUTH 38°17'13'' EAST, 5.24 FEET;
THENCE SOUTH 51042'47'' WEST, 3.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING 990 SQUARE FEET MORE OR LESS.
ALSO TOGETHER WITH:
A FIVE FOOT WIDE TELEPHONE EASEMENT LOCATED ENTIRELY WITHIN
THE LANDS CONVEYED TO THE CITY OF DUBLIN AS DESCRIBED IN THE
QUITCLAIM DEED RECORDED ON JULY 1, 1988 IN THE OFFICE OFTHE
COUNTY RECORDER OF ALAMEDA COUNTY UNDER SERIES NO. 88-
158845, IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND PEPPERTREE ROAD AS
SHOWN ON THE MAP ENTITLED "TRACT 4569", FILED IN THE OFFICE OF
THE COUNTY RECORDER OF ALAMEDA COUNTY IN BOOK 127 OF MAPS,
AT PAGE 65, SAID POINT OF COMMENCEMENT BEARING NORTH 87°43'12"
WEST, 246.78 FEET FROM A FOUND STANDARD CITY MONUMENT AT THE
INTERSECTION OF SHANNON AVENUE AND DENISE COURT AS SHOWN
ON SAID "TRACT 4569"; THENCE ALONG A MATHEMATICAL TIE NORTH
41 °48'23" EAST, 957.39 FEET TO THE WESTERLY CORNER OF THE HEREIN
ABOVE DESCRIBED LEASE PARCEL AREA; THENCE SOUTH 38°17'13"
EAST~ 23.00 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LEASE
PARCEL AREA TO THE SOUTHERLY CORNER OF SAID LEASE PARCEL
AREA AND THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED FIVE
FOOT WIDE TELEPHONE EASEMENT; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LEASE PARCEL AREA, NORTH 51042'47'.
EAST, 5.00 FEET; THENCE LEAVING LAST SAID SOUTHEASTERLY LINE
SOUTH 38°17'13'' EAST, 5.00 FEET; THENCE SOUTH 51 °42'47" WEST, 10.04
FEET; THENCE SOUTH 38°17'13'' EAST, 74.89 FEET; THENCE NORTH
71°35'16'' EAST, 9.99 FEET; THENCE SOUTH 18024'44'' EAST, 5.00 FEET;
THENCE SOUTH 71°35'16'' WEST, 13.50 FEET; THENCE NORTH 38°17'13''
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WEST, 83.40 FEET; THENCE NORTH 51042'47'' EAST, !0.04 FEET TO THE
POINT OF BEGINNING.
CONTAINING 5!7 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
END OF DESCRIPTION
.L.S. #6820DATE
ExpiATION: 09/30/04
Page 4 10/04/02
. \\SRNI\VOL I~ROJECT~ATIA0000-1000 009\Atia- 1000 009\AdminXReports~LPA_LGL.doc
PROPOSED SPRINT
~--5' UTILITY EASEMENT
~50' WIDE EASEMENT FOR ROADWAY,
~ STORM ~ SANITARY SE~R,
~ ~AND ALL PUBLIC U~LI~ PURPOSES
~ ~ 3~'33 K~'x/ ~ ~PROPOSED SPRINT
~ ~ ~ ~ ~LEASE PARCEL AREA
~ ~[ ~T 6 FOR DET~L/ ~ ~ ~ ~ ~7 FOR D~AIL
~ ! .xY/ APN, g41-0102-001
~' ~/' CITY OF DUBLIN
P.O.C~
DAVID EVANS SPRINT LEASE PARCEL AREA
AND ASSOCIATES ~NC. NORT~ WEST DUBLIN (SF36xcO22-A)
5000 EXECUTI~ PARKWAY, SUITE 125 . 11600 SHANNON AVENUE
SAN ~0~, C~tFORNIA ~45~3 ' DUBLIN ALAMEDA COUN~ CALIFORNIA
PAGE 5 OF 7
CURVE .TABLE PROPOSED. SPRINT
CURVE RADIUS DELTA ILENGTH LEASE PARCEL AREA
C1 2.50' 70°42'4-8" 5.09' SEE PACE 5 FOR-DETAIL
C2 12.50' !6 04- 25 5.51 L-~.,~,,
C3 1 2.50' 42'52'23" 9.35'....,,,.r ,¢--.. ~" _"" ~ ~" ",?~"'~'
C6 7.50' 26"25'52" 5.4-6' /// <"~
I I ,, \
C7 12.50' 26'25'52" 5.77' .. I I ,/ \
C8 7.50' 28'4-3'4.3" 3.76' mi /I
C9 12.50' 62'4-2'30" 13.68''"'J~;,/..~
C10 7.50' 4-2'52'23" 5.61' //I /
\PROPOSED SPRINT
Cll 7.50' 16'04-'25" 2.10' // I I ~5' TELEPHONE EASEMENT
C12 7.50' 70'4-2'4-8" 9.26' ////(~"'~(:::)1-1" SEE PAGE 7 FOR DETAIL
.%~./ LINE TABLE
~, ~.1 ~ I
~ ~ / '"/ -~1 LINE BEARING LENGTH
;:) "~ "b~/ -~ ~' -" L1 S51"4-2'4.7"W 3.08'
II f/~/ %9. /~f~ O.~! L2 S38"17'13"E 5.00'
%, / X,- ~ ~ L5 S51'4-2'4-7"W 1.92'
,, ~/ ~..~ ~ k.,~ ~~ L4- N58'17'13"W 6.77'
,,.~/q';:" c?/% ,,,~ L5 S72'10'se"w' 10.82'
~ ~'~/ I o/ L6 S01'27'51"W 26.19'
~ L7 S17'32'16"W 13.10'
// I I L8 S60'24.'39"W 14.63'
// I I L9 SO2'17'51"E 27.67'
/
/
/ I~. Ir- LIO S26'25'52"W 11.95'
/// lc~ !~o Lll SOO'OO'OO"E 7.1
// I I PROPOSED SPRINT L12 N86'4-7'55"E 12.08'
// --f--r-5' UTILITY EASEMENT L15 S03'08'14-"E 12.97'
/ L14- S86'.4-7'55"W t5.18'
I L15 N12'28'33"W 12.10'
L16 NOO'OO'OO"E 8.4-4'
~/ -/-.
--.,7~/APN, ~41-0102-001 L17 N26'25'52"E 11.95'
'"/ CITY OF DUBLIN L18 NO2'17'51"W 27.67'
?/-- 9.67 Ac. L19 N60'24-'39"E 14-.63'
' ,_ .----TELCO. VAULT. L20 N17 32 16 E 13.10
~ j IL,.~,2_,, L21 N012751 E 26.19
i; Ll::~"'~""'~'~ LIGHT L22 N72'10'59"E 14-..29'"'
~C VL~'[~Y ELEC VAULT L25 S38"17'13"E 5.24-'
DAVID EVANS SPRINT ~' WIDE UTILITY EASEMENT
5000 EXECUTIVE PARKWAY, SUITE 125 . 11600 SHANNON AVENUE
SAN RAMON, CALIFORNIA 94583
TEL: (925) 867-3380 DUBLIN ALAMEDA COUNTY CALIFORNIA
FAX:. (925) 867-3..'588 ' a"nA-lO00-O091DRN. BY: CKMI CHK. 'BY: DATE: 1/08/02
PAGE 6 OF 7
PROPOSED SPRINT \
LEASE PARCEL---~ \ II
AREA \ \
276 sqft. \ \
~ ~,.
/ ' ~ ' ~ - --, ' ' 50
/~ .
10. 04'
/
~.~ ~[~ ~ TELEPHONE EASEMENT
~N~N// 51~ SO.FT. MORE OR LESS
5' UTILITY EASEMENT ~N
SEE PAGE 6 FOR DETAIL N
APN, 941-0102-001
N X~~~ S18'24'44"E
CITY OF DUBLIN x 5.00'
DAVID EVANS SPRINT 5' WIDE TELEPHONE EASEMENT
AND ASSOCIATES ~NC. NORTH WEST DUBLIN (SF36xc022-A)
5000 EXFCUllVE PARKWAY, SUITE '125 11600 SHANNON AVENUE
SAN RAMON, CALIFORNIA 94585 DUBLIN ALAMEDA COUNTY CALIFORNIA
TEL: (925) 867-3580
tAX: (,25) 86.-~8. AllA-IO00-O09t DRN:, BY: CKMI CHK..Y:IDA~:10/0.3/02
PAGE 7 OF 7
April 1999
PCS SiTE AGREEMENT
Page I of 6
Site Name: Northwest Dublin Site i.D. ~No.: SF-36-XC-022(A)
1, Property_'and Os_e. (d) Owner agrees to perrnitSSLP ingress and egress
to ~he Site to conduct such su~'eys, structural strength analys~.
(a) Owner is the owner of the real property and subsurface boring tests and other activities of a similar nature as
improvements described in Exhibit A ("Property") and hereby SSLP may deem necessary, at the sole cost of SSLP.
leases to Sprint Spectrum L.P., a Delaware limited partnership
"SSLP"). the site described below: (e) SSLP acknowledges that Owner will deliver the
Site in its "as-is" condition, without Warranty, express or implied,
as ro condition or usability, except as otherwise expressly set forth
Land consisting of approximately 300 square feet, upon in this Agreement.
which SSLP will construct its equipment base station.
shelter, a light pole. antenna structure and space for cable 2. Term. The term of this Agreement (the "Initial Term") is five
runs to connect the equipment shelter and antennas on (5) years, commencing on the date ("Commencement Date") both
the light pole, SSLP and Owner have executed this Agreement. This Agreement
will be automatically renewed for three (3) additional terms (each
in the location(s) on the Property ("Site?) shown on Exhibi,t.B. a "Renewal Term") of five (5) years each, unless SSLP provides
together with a non-exclusive easement for access thereto and to Owner notice of intention not to renew not less than ninety (90)
the appropriate, in the discretion of SSLP. source of electric and days prior [o the expiration of the Initial Term or any Renewal
telephone facilities. Term.
(b) The Site wilt be used by SSLP for the purpose of 3. Rent.
installing, removing, replacing, maintaining, modifying and
operating, at its expense, a personal communications service (a) From the Commencement Date through the date
system facility ("PCS"), including, without limitation, related
which is the earlier of (i) thirty (30) days following issuance of a
antennas, equipment, back-up power sources (including a building permit for installation of the PCS at the Site, (ii)
temporary, portable. Whisper-Watt generator and fuel Storage commencement of construction of the PCS or (iii) July 1. 2002,
tanks), cable, winng and fixtures and, if applicable, an antenna
rent will be a one-time aggregate payment of one hundred dollars
structure. SSLP shall use the Site solely for the operation of its ($100.00), the receipt of which Owner acknowledges. Upon the
communicati0ns facility to transmit and receiYe on frequencies for occurrence of one of the three foregoing dates, SSLP shall
which SSLP holds all necessary permits and licenses, commence to pay Owner, in advance on the first day Of each and
(c) SSLP shall have access to the Site during park every calendar month, and without demand, deduction, offset or
abatement, monthly rent ("Base Rent") in equal monthly
hours and after normal park hours in the-case of maintenance that installments of One Thousand Dollars ($1,000.00) (until
requires the Site to be shut down for any period of time. provided increased as set forth herein), partial months to be pro-rated.
that. for such after normal park hours access, SSLP shall provide
Owner not less than forty-eight (48) hours' prior notice. In (b) The Base Rent due hereunder sl~all be adjusted
addition. SSLP shall have access to the Site in the event of an annually throughout the term of this Agreement, as of the
emergency, twenty-four (24) hours per day, seven (7) days per anniversary of the first day of July following the Commencement
week. SSLP will ' use the Site in a manner that will not Date. to the extent of any percentage change that occurred in the
unreasonably disturb the occupancy of Owner's other tenants or Consumer Price Index ("CPI") for "Ail Items - All Urban
the occupancy of adjacent property owners. SSLP warrants that the
Consumers" for the San Francisco-Oakland-San Jose Metropolitan
noise from the PCS shall not exceed fifty (50) dBa. as measured Statistical Area during the preceding twelve (12) months. The
from the property line of the. Property and, ro minimize noise, Base Rent adjustment shall be calculated by multiplying the Base
agrees to mn any air conditioning unit only at such times as are Rent then In effect by a fraction, the numerator of which is the CPI
necessarytomaintaintheproperfunctioningofSSLP'sequipment, in effect two (2) calendar months prior to the applicable
adjustment date, and the denominator of which is the CPI in effect
G:\C LI ENI'~ SB~ PRIN't~qorrhern C aliforntaLDocskSF-3 $-XC -0 2 2 (A.)',PC$ Site Agt. 4.wpd
October 30. 2001
April 1999
PCS SITE AGREEMENT
Page 2 of 6
Site Name: Northwest Dub[in Site I.D. No.: SF-36-XC-022IA1
as of the calendar month fourteen i14) full months prior to the delayed or conditioned: provided, however, SSLP shall have the'
applicable adjustment date. In no event shall rent resulting from right, without Owner's consenT, to Transfer this Agreement or all
an annual CPI adjustment increase by less then three percent (3%). or any portion of the Site to any of its subsidiaries, affiliates or
Owner shall promptly notify SSLP of each rent adjustment, in successor legal entities or to any entity acquiring substantially ail
writing. If the Index is discontinued or revised, such other of the assetsofSSLP ("Permitted Transfers").
governmental index or computation with which it is replaced shall
be used in order to obtain substantially the same result as if the (a) For the purpose of the foregoing, "Transfer" shall
Index had not been discontinued or revised, be deemed to include the assignment; transfer, pledge, mortgage or
hypothecation of this Agreement or any interest hereunder, or the
(c) SSLP acknowledges that in the event SSLP fails sublet (including licensing or levying use fees by SSLP of other
to deliver to Owner Base Rent or additional rent when due, such third parW. users of the Site) of the Site or any part thereof, The
failure will cause Owner to incur costs not contemplated bnder term ~Lso includes allowing any other person or entity to occupy or
this Agreement, the exact amount of which will be ~xtremely use all or any part of the Site or PCS.
difficult to ascertain. Such costs indude, but are not limited to,
processing and personnel costs. Accordingly, if any such payment (b) Except for Permitted Transfers, SSLP shall
is not'received by Owner when due SSLP will pay Owner a late promptly provide Ownerwith all reasonably required information
payment charge equal to ten percent (10%) .of the overdue regarding the Transfer, including background and financial
payment. SSLP agrees that this late charge represents a fair and information on the proposed transferee. In no event shatl Owner's
reasonable estimate of the costs Owner will incur by reason of consent to a Transfer retease SSLP of its obligations under' this
SSLP's late payment. Owner's acceptance of such late charge shall Agreement, Any transfer in violation of the terms of this Section
in no event constitute a waiver by Owner of any default by SSLP 5 shall, at Owner's option and in Owner's' sole and absotute
under this Agreement with ~espect to an overdue payment, nor discretion, be voidable and, at the option of Owner, and at Owner's
prevent Owner from exercising any other rights or remedies sole and absolute discretion, shaI1 be deemed to constitute a
granted to Owner under this Agreement or at law or equity, defauIt under this Agreement. In the event that Owner shall
consent to a Transfer, such Transfer shall not be effective until the
4. Title and Ouiet possession. .Owner represents and agrees (a) transferee shall execute, acknowledge and deliver to Owner an
that it is the owner of the Site; (b) that it has the right to enter into agreement, in commercially reasonable form and substance,
this Agreement: (c) that the person signing this Agreement has the whereby transferee agrees that the provisions contained in this
authority to sign; (d) that SSLP is entitled to access to the Site at ail Agreement shall, notwithstanding such Transfer. continue to be
times and to the quiet possession of the Site throughout the Initial binding upon such transferee with respect [o ali future proposed
Term and each Renewal Term so long as SSLP is not in default Transfers. Such Transfer agreement shall be duly executed, and a
beyond the expiration of any cure period; and (e) that Owner shall fully executed copy thereof shall be delivered to Owner.
not have unsupervised access to the Site otto thePCS eqmpment:
provided, however, that in the event of an emergency situation (c) Except for Permitted Transfers. ifSSLPrequesrs
which poses an immediate threat ofsubstantiaI harm or damage co Owner's consent to a Transfer, SSLP shall pay all reasonable out
persons and/or property on the Property and which requires entry of pocket expenses incurred by Owner, including, but not limited
on the Site Owner may enter the Site and take such actions as are m. attorneys' fees reasonably incurred related to such Transfer.
required to promct individuals or personal property from such whether'or not the Transfer is approved; however, in no eventwilt
immediate threat of substantial harm or 'damage; provided that such costs exceed One Thousand Five Hundred Dollars
promptly after such emergency entry into the Site (and inno event ($1,500.00) per request.
later than twenty-four [24] hours) Owner gives telephonic and
written notice to SSLP of Owner's entry onto the Site. (d) Owner shall be entitled to fifty percent (50%) of
the bonus rent received by SSLP as a result of such Transfer, For
5. Assignment/Subletting. SSLP will not Transfer this Agreement the purpose of this Section, "bonus rent" shall mean (i) in the event
or ali or,any portion of the Site without the prior written consent of a sublease where SSLP continues to occupy the Site. rent
of Owner, which consent will not be unreasonably withheld, received by SSLP from the sublessee, bt (ii) in the event of an
G:\CLIE NTSUSI~SPR I NT~,Nor the m Ca~ffornia\Doc~SF-35-XC-022 (A)'~[~C$ Site Agt. 4.~vtxi
October 30. 2001
April
PCS SITE AGREEMENT
Page 3 of 6
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
assignment or sublease where SSLP no longer occupies aha S[te, regulations. Prior to commencing construction of any
the recurring ren~ received by SSLP from the transferee that is in improvement, alteration, modificati0n, orconstruction on orabout
excess of the Base Rent payable under this Agreement. In no event the Site. SSLP shall first obtain Owner's written approval of SSLP's
shall bonus rent be deemed to include consideration or other plans and specifications for suchwork, which approval shallnotbe
payments received by SSLP as reimbursement for SSLP's unreasonably withheld. Any improvements, modifications.
development costs actually incurred by SSLP to lease, permit and alterations, or construction by SSLP shell be constructed in strict
-constructthe Site or payment made to purchase SSLP's equipment conformity with such appro'ied plans and specifications. Tide to
located at the Site. provided that upon any such Transfer SSLP allimprovements placed on the Site by SSLP.shall be held by SSLP
shah provide Owner a written and reasonably detailed summary andalt of the improvements shall remain th'e propertyof SSLP and
and breakdown ofthe development and equipment costs recovered shalt not be deemed to be Fm'tures.
by SSLP and the amount of the rent being paid by the transferee.
(b) There is an existing lightpole Located on the
6. Noiices,. All notices must be in writing and are effective only Property in the location shown on Exhibit B thatwill be removed
when deposited in the U.S. mail. certifi~ed and postage prepaid, or by SSLP and replaced with a replacement light'pole suitable for
when sent via overnight delivery. Notices to SSLP are to be sent installation of SSLP's antennas. SSLP and Owner agree that,
with reference to the Site Name and I.D. listed above, to 4683 concurrent with the construction of SSLP's PCS, SSLP will: (i)
Chabot Drive. Suite t00. Pleasanton, CA 94588 with'a copy to remove and dispose of the existing lightpole and install a
Sprint Law Department. 6391 Sprint Parkway, Mailstop: replacement lightpole (at a height determined by SSLP and
KSOPHT0i01-Z2020. Overland Park, Kansas 66251-2020, approved by the local permittingjurisdiction).~inthesamegeneral
Attention: Sprint PCS Real Estate Attorney. Notices to C~,vner location (plus additional area that may be required for the
must be sent to the address Shown underneath Owner's signature, lightpole foundation) for the attachment of SSLP's antennas: (ii)
install, on the lightpole, parking lot lights of similar power and
7. Improvements. illumination, as were the lights on the removed lightpole (the
"Replacement Lights"). SSLP and Owner agree that once the
(a) SSLP may. at its expense, make the Replacement Lights are installed, Owner shalI pay for alt costs to
improvements to the Site set forth in Exhibit,B to this Agreement repair, maintainand operate the Replacement Lights. In addition.
(the "Initial Improvements'). SSLP shall also have the right to Owner shall pay a reasonable allocation for electrical costs
makeadditional alterations and improvements to the Site,as SSLP attributable to th'e Replacement Lights ifthey are run off of SSLP's
deems necessary from time to time for the operation of the PCS electrical supply. Owner, and Owner's agent~, employees and
with Owner's prior written consent not to be unreasonably contractors, shall not have access to SSLP's Site or lightpole, and
withheld; provided, however, that Owner shall have the right to shall not climb thelightpole or access the interior of the lightpole
deny its consent for any improvements or alterations that for any reason whatsoever. 'Minor repair and lamp replacement for
materially increase the visual impact of the facility, the Reptacement Lights may be made by Owner provided it can be
Notwithstandin~ the foregoing, SSLP shall have the right to alter, accomplished without climbing the lightpole. If the nature of the
upgrade, replace and exchange its equipment and antennas solong repair requires climbing the Iightpole. OWner shall give SSLP not
as the new equipmen~ remains within the physical parameters of less than five (5) business days prior written notice, per Section 6
the leased Site and the antennas do not increase in size or increase of this Agzeement. and permit SSLP to perform, at Owner's cost,
the height of the antenna structure. Owner agrees to reasonably such maintenance or repair. Upon termination or expiration of
cooperate with SSLP, at SSLP's sole cost and expense, with respect this Agreement. Owner can elect to take ownership of the
to obtaining any required zoning approvals, or other governmental lightpole, or have SSLP remove the tightpole and replace it with a
approvals for the Site. or other governmental aPpr°vals or Permits tightpole that matches the one that existed on the Commencemen~
for the Site and such improvements. In connection with SSLP's Date.
installation and construction of improvements on the Site, all of
SSLP's construction and installation work shall be performed at 8. Complianc~ wiih, Laws. SSLP will comply with all applicable
SSLP's sole cost and expense, in a goodand workmanlike manner laws direcdy relating to SSLP's operation of the PCS and the
andin conformance with all applicablelaws, ordinances, rules, and imp::ovements constructed by SSLP at.the Site. SSLP's obligation
G:~,CLIE NTSkISB\SPRIN'r~Ncr t her ri Caltt'orrda'~)oc~ F- 3 ~-XC-022 (A)XPCS Site Agt.~l.vq~t
October 30.
April
PCS, SIT~
Page 4 of 6
Site Name: Northwest Dublin ~ ~ ~ Site I.D. No.: S?-36-XC-022IA1
ro comply with applicable laws includes the obli§ation to comply respect roa default which may nor becured solely by the payment
with all present and future laws, statutes, ordinances, regulations of money~ then, in either event, the non-defaulting party may
and rules promulgated by governmental authorities with pursue any remedies available to it against the defaulting party
jurisdiction over the regulation of the allowable pretence and/or under applicable law, including, but not limited re, the right
exposure to electro-magnetic fields ("EMFs") and radio frequen~ terminate this Agreement. [f the non-monetary default may nor
("Ri='') radiation, to the extent that EMF/RF presence or exposure reasonably be cured within a thirty {30) day period, this
results from the operation of SSLP's equipment at the Site. Agreement may not be terminated ff the defaulting parry
commences action to cure the default within such thirty day period
9. Interference. SSLP will resolve technical interference and proceeds with due diligence to fully cure the default.
problems with other equipment located at the Property as of the
Commencement Date ("Pre-existing Communications") and 13. IndemaiW_. SSLP hereby agrees re indemni~,, hold. harmless,
SSLP's PCS shall comply with alt non-interference rules of the protect, defend (with counsel reasonably acceptable re Owner)
Federal Communications Commission ("FCC"). Owner will not Owner, and Owner's agents, elected officials, officers, employees,
permit or suffer the installation of any furore equipment'which (a) representatives, contractors, consultants, and volunteers, from and
results.in technicalinterference problemswithSSLP's then existing against any and all claims, causes ofaction, liabilities, losses, costs,
equipment, or (b) encroaches onto the Site. and damages, whether foreseeable or unforeseeable, to the extent
caused by any negligent act or omission of SSLP or SSLP's agents,
10. Utilities. SSLP shall' be solely responsible for obtaining employees, representatives, andcontractors orrotheextentcaused
utilities for the Site. SSLP install a separate utility meter, at its by SSLP's use of or activities on or about the:Site or operation of
own expense, and will pay for all utilities used by it at the Site. the PCS (including, without limitation, any claims related to radio
Owner will cooperate with SSLP in SSLP's efforts re obtain or electromagnetic fields, radiation, or emissions created by the
utilities from any location provided by Owner or the servicing PCS). The foregoing indemnity obligations of SSLP shall not
utility, including signing any easement or other instrument apply to the extent any such claims, causes of action, liabilities,
reasonably required by the utility company, losses, costs and damages are caused by the negligence or willful
misconduct of Owner or Owner's agents, elected officials, officers,
11. Termlnatiom SSLP may terminate this Agreement without employees, representatives, contractors, consultants, and
further liability to Owner (i)upon thirty (30)days' written notice volunteers. The provisinns of this Section shall survive the
to Owner ifSSLP does not obtain all permits, consents, easements, termination, cancellation, or expiration of this Agreement.
non-disturbance agreements or other approvals (collectively,
"approval") reasonably desired by SSLP or required from any 14. Hazardous ,Snbstances. Owner represents that it has no
governmental authority or any third party related to or reasonably knowledge of any substance, chemical or waste (collectively,
necessary to operate the PCS system, or if any such approval is "substance") on or under the Site or Property that is identified as
canceled, expires or is withdrawn or terminated, or (ii) upon hazardous, toxic or dangerous ~n any applicable federal, stare or
written notice to'Owner if Owner fails to have proper ownership local law or regulation. SSLP wilt not introduce or use any such
of the Site or at~thority re enter into this Agreement. or (iii) upon substance on the Site in violation of any applicable law. Owner
ninety (90) days' prior written notice to Owner if SSLP, for any shall indemnify and hold SSLP harmless from and against all
other reason, in its sole discretion, determines that it will be unable claims, actions, damages, fines, liabilities, costs and expenses
to use the Site. Upon termination, all prepaid rent shall be (inctudingattorneys'andexpertfees)arising, directly or indirectly,
retained by Owner. unless termination is pursuant to {ii) above or from the presence of any substance on. under or around the
is a result of Owner's default. Property or the Site. unless said substance was actually brought
onto the Property or Site by SSLP. SSLP shall indemnify and hold
1~. Default. If either parry Is in default under this Agreement for Owner harmless from and against all claims, actions/damages,
a 15eriod of (a) fifteen (15) days following receipt of notice from fines, liabilities, costs and expenses (including attorneys' and expert
the non-defaultin~ party with respect re a default which may be fees) to the extent caused by the presence of substances that were
cured solely by the payment of money, or (b) thirty (30) days brought onto the Property or Site by SSLP. These indemnity
following receipt of notice from the non-defaulting party with obI~gations shall include damages, costs and expenses incurred in
G:\CLIENTS'dS BkS PRIN'P. Nor t horn California'~Docs'~$ F-36.X.C-022 (A)\PC$ Site Agt. 4.vrlxt
October 31), 2001
April 1999
PCS SITE AGREEMENT
Page 5 of 6
Site Name: Northwest Dublin ~ Site I.D. No.: SF-36-XC-O22IAt
connection with any investigation, cleanup, remediation, (c) Owner' and Owner's agenm, elected officials,
monitoring, removal or res[orauon related to the presence of any officers, employees, representatives, contractors, ,consultants, and
substance. These indemnity obligations shall survive the volunteers, as their interests may appear, shall be covered as
expiration or termination of this lease, additional insureds with respect to each of the following: liability
arising ouc of activities performed by or on behalf of SSLP,
15. Subor. dinationfNon-disturbance. This Agreement is including any supervision of SSLP by an additional insured,
subordinate to any lien. mortgage or deed of trust now of record premises owned, occupied or used by. SSLP. and automobiles
against the Property. However, promptly after this Agreement is owned, leased or used by SSLP. The coverage shall contain no
fully executed. Owner will use diligent efforts to obtain a non- special limitations on the scope ofpromctions afforded to Owner
disturbance agreement reasonably acceptable to $SLP from the or Owner's officers, employees, agents or volunteers
holder of any such mortgage or deed of trust.
(d) The insurance shall cover on an occurrence or
' 1§. Taxes. SSLP will be responsible for payment of att personal accident basis, and not a claims-made basis.
property taxes assessed directly upon and arising solelyfrom its use
of the PCS oh the Site. Although Owner, as a public entity, is (e) ]Each of the Following shall be included in the
generally exempt from ~axation. this Agreement may create a insurance coverage or added as an endorsement to the policy:
taxable possessory interest. SSLP acknowledges that notice is and
was hereby given pursuant to California Revenue and Taxation (i) An endorsement must state that
Code section 107.6 that use or occupancy of any public property coverage is primary insurance with respect to O~q~er and its
pursuant to .this Agreement may create a possessory interest that officers, officials, employees and volunteers, and tha~ no insurance
may be subject to the payment of property taxes levied on such or self-insurance maintained by Owner shalll be called upon to
interest. SSLP shall be solely liable for and shall pay and discharge contribute to a loss under the coverage.
prior to delinquency any possessory interest tax that may be levied
as a resuk of SSLP's pos~.essory interest created pursuant to this (ii) Any failure of SSLP to comply with
Agreement, reporting provisions of the policy shall not affect coverage
provided to Owner and its officers, employees, agents, and
17. Insurance. volunteers.
(a) SSLP will procure and maintain, throughout the (iii) Anendorsementshallstatethatcoverage
duration of this Agreement, commercial general and automobile shall not be suspended, voided, canceled by either party, reduced
liability insurance, with limits of not less than One Million Dollars in coverage or in limits, except after thirty (30) days' prior written
($1,000,000) combined single limit per occurrence for bodily notice.
injury and property damage liability. With a certificate of insurance
showing Owner and Owner's agents, elected officials, officers, 15, Maintenance. SSLP will be responsible for repairing and
employees, representatives, contractors, consultants, and maintaining the PCS and any other improvements installed by
volunteers as an additional insured, as their interests may appear, SSLP at the Site or Property in a godd and safe condition and in
tobe furnished to Owner within thirty (30) days ofwrittenrequest~ compliance with all applicable laws, ordinances, rules and
regulations. Owner will have no obligation to SSLP to maintain or
(b) Commercialgeneralliabilitycoverageshaltbeat repair the Site or Property. SSLP shall promptly repair an)'
least as broad as Insurance Services Office Commercial General damage to O~vner's property or the Property caused by SSLFs
Liability occurrence form CO 0001 (ed, '7/98), Automobile construction or operation of the PCS or SSLF's use or occupancy
coverage shall be at least as broad as Insurance Services Office of the Site or Property. Upon the expiration or termination of this
Automobile Liability form CA 0001 (ed. 7/97) Code 1 ("any Agreemem SSLPwill removeitsPCS andall of its improvements
auto"). No' endorsement affecting any additional insured shall be from the Site and/or appurtenant areas on the Propercy and SSLP
attached limiting the coverage, shall restore the Site to the condition that existed as of the date of
this Agre~emen: (including leaving a working lightpole in place, as
G:\CLIENTSU $5~SPR I N'l~Nor t horn Californ~ak[k, cskSF-3§-XC-022 (A)\PCS Site A~t:l.wpd
October 3~, 2001
PCS SITE AGREEMENT
Page 6 of 6
?itc Name: N,orthwest Dublin ,, ' Site I.qi' No.: SF-36-XC-022~A)
contemplated under Section 7 of this Agreement), except for OWNER: City of~blin, a Municipat/~orporation .
,1§. Miscellaneous. (a) This Agreement applies to and binds the Print Name: ~. ~n/~7- ~/'~¢'~_ ' _~'~7- :__
heirs, successors, executors, administrators and assigns of the Its: "tVlayor - '
' parties to this Agreement; (b) This Agreement is governed by the S.S./Tax No.:
laws of the State in which the Site is lOCated; (c) If requested by Address: 100 Civic Plaza
SSLP, Owner agrees promptly to execute and deliver to SSLP a Dublin, CA 94568
recordable Memorandum of this PCS Site Agreement in the form At-tn: City Manager
of Exhibil;.'~C; (d) This Agreement (including the Exhibits) Phone: (92'5) 833-6650
constitutes the entire, agreement between the parties and dO ~,~
supersedes all prior written and verbal agreements, Dated: V"
representations, promises or understandixigs between the parties, '
and any~amendments to .this Agreement must be in writing and ATTEST: ..
e:~ecuted by both pardes: (e) If any provision of this Agreement is · ' City Clerk/'
invalid or unenforceable with respect to any party, the remainder
of this Agreement or the application of such provision to persons APPROVED AS TO FORI~I:
other than those as to whom it is held lnvaiid or unenforceable,
Will not be affected and each provision of this Agreement will be
valid and enforceable tO the fullest extent permitted by laW; and (0 City Att0mey
The prevailing party in any action or proceeding in court or
mutually agreed upon arbitration proceeding to enforce the terms SSLP: SP.R~NT SPECTRUM
fees and other reasonable enforcement costs and expenses from the
non-prevailingparty.. By: .t/v -w- (. ,, - , v~e~ ·
= ' Edward E. Regua /" ]
The following Exhibits' are attached to and made a part of this 'Its: Regional Director of Site Der oi~ent
Agreement: Exhibit A, B and C.
Dated: ,2001
G:\CLIENTSUSI~GPR1NTh'qord~rn Calit'oroJa~x=kSF-3S-XC-O2Z(Al~PC-~ Site Agt4.~pd
October 30. 200I
April 1999
PCS SITE AGREEMENT
Page 6 of 6
Site Name: Northwest Dublin ~ ~ Site LD,~No.: SF-36-XC-022fA~
contemplated under Section 7 of this Agreement), except for OWNER: City of Dublin, a Municipal Corporation
ordinary wear and tear and damage not caused by SSLP.
By:
1 §. Miscellaneous,. (a) This Agreement applies to and binds the Print Name:
heirs, successors, executors, administrators and assigns of the Its: Mayor
parties to this Agreement; (b) This Agreement is governed by the S.S./Tax No.:
laws of r. he State in which the Site is located: (c) If requested by Address: I00 Civic Plaza
SSLP, Owner agrees .promptly :o execute and deliver to SSLP a Dublin, CA 94568
recordable Memorandum of this PCS Site Agreement in the form Arm: City Manager
of Exhibit C: (d) ,..This Agreement (including the Exhibits) Phone: (925) 833-6650
constitutes the entire agreement between the parties and
supersedes all prior written and verbat agreements, Dated: ,2001
representations, promises or understandings between the parties.
and any amendments to this Agreement must be in writing and ATTEST:
executed by both parties: (e) If any provision of this Agreement is City Clerk
invalid or unenforceable with respect to any party, the remainder
of this Agreement or the application oi'such provision to persons APPROVED AS TO-FORM:
other than those as to whom it is held invalid or unenforceable,
will no¢ be affected and each provision of this Agreement will be
valid and enforceable to the fullest extent permitted by taw: and (f) City Attorney
The prevailing party in any action or proceeding in court or
mutually agreed upon arbitration proceeding to enforce the terms---- ' 7---- - --,-- -- - ,,-SSLP: S~PEC?RU~., '
of ~his Agreement is entitled to receive its reasonable attorneys a De~%e lirnx~ted_partn~j~
fees and other reasonable enforcement costs and expenses from the
non-prevailing party..t~/'~/~~-- ~/'~-' -
l~clwara ~.. ~xegua
The following Exhibits are attached :o and made a part of this Its: Regional Director of Site Dev~Jnent
Agreement: ExhibitA, BandC. ~....~ >~ ,2001
Dated: .
G:'~C L I E N~r SU S B'GPR INT~Nor t hem Calif¢ mia\DocskSF- 3~- XC-022(A)',PCS Site Agt.4.wpd
October 30, 20[]1
EXHIBIT A
t~
PCS SITE AGREEMENT
DESCRIPTION OF OWNER'S PROPERTY
Site Name: Norahwest Dublin Site I.D. No.: SF-36-XC-02~ IA,),
Descr/pfion of Ovmer's Property:
The real prope~v situated in the City of Dubtin, County of Alameda, State of California commonly described
as 11600 Shannon Avenue, and more particularly described as:
[Legal Description Consisting of Two (2) Pages Attached Hereto]
Owner Initials ,, J
SSLP Initials
8048022O
Page 3
The land referred to in this Report is situated in Uhe County of Alameda. State of California. and is
described as follows:
(City of Dublin)
Beginning at a point on the Western line of State Highway .21, aS said highway existed on
July 14, 1955, distant thereon North 12° 41' 25" West 391.70 feet from the Southern end
of the course designated as "South I3° 13' 44" East 1042.46 feet" in the deed by Charles
A. Gale, et al., to State of California, dated July 14~ 1955, recorded December 8, 1955 in
Book 7869 of Official Records of Alameda County, at Page 425, (AK/134140); thence from
said point of beginning along the Western line of said State Highway as established by said
deed to State of California South-I2° 41' 25" East 391.70 feet; thence South 47° 18' 35"
West 23.09 feet; thence South 12° 41' 25" East 20.00 feet; thence South 72° 41' 25" EaSt
34.63 feet; thence South 12° 41"25" East 235.85 feet to a point on the general Northern
line of Shannon Avenue, as described in the instrument to the County of Alameda, recorded
June I, 1967, Reel 1973, Image 585 Alameda County Records, as Series No. AZ/51425;
thence along the last named' line on the arc of a tangent curve to the right with a radius of
20.00 feet a distance of 31.42 feet; thence 77° 18' 35" West 20.00 feet; thence along the
arc 'of a tangent curve to the right with a radius of 206.00 feet a distance of 74.27 feet;
thence North 82° 02' West'58.47 feet; thence North 86° 36' 26" West 50.16 feet; thence
North 82° 02' West 1 i .53 feet; thence along the arc of a tangent curve to the left with a
radius of 570.00 feet a distance of 266.12 feet; thence South 71° I3' West 121.95 feet;
thence along [he arc of a tangent curve to the right with a radius of 210.00 feet a distance
of 80.15 feet; thence North 86° 54' 59" West 60.58 feet; thence along the Northern line of
Shannon Avenue, as established by Resolution No. 121922, of the Board of Supervisors of
the County of Alameda, a Certified copy of which.was recorded August 29, 1967, Reel
2027, Image 513, Alameda County Records, Series No. AZ/86459, North 86° 54' 59"
West 5.00 feet to a point on the exterior boundary line of Tract 2749, filed August 10,
1967, Map Book 55, Page 50, Alameda County Records; thence along the last named line
and its prolongation North 3° 05' 01" East 549.75 feet; thence North. 21° I3' 3!" East
84.66 feet until intersected by a tine drawn South 77° 18' 35" West from the point of
beginning; thence North 77° 18' 35" East 544.95 feet to the point of beginning.
Excepting therefrom: One-half of all oil, gas and other hydrocarbon substances in and
under or that may be produced from a depth below 500 feet of the surface of said land
without right of entry upon the surface of said land for the purpose of mining, drilling,
exploring or extracting such oil, gas and other hydrocarbon substances or other use of or
rights in or to any portion of the surface of said land to a depth of 500 feet below the
surface thereof as reserved in the deed from Volk-McLain Communities Inc., formerly the
Votk-McLain Co., a corporation to The Roman Catholic Archbishop of San'Francisco, a
Corporation sole, recorded December 29, 1961 on Reel 483, Image 613, Official Records,
as Instrument No. AS/161891.
Excepting therefrom alt water rights, including the right to use subterranean waters together
with any pipes, wells or other equipment relating to t .h~xtraction of water from
CLTA Preliminary Report Form
80480220
Page 4
or under said property, as resep/ed in the deed of gift. by Vo!k-McLain Cormmunities inc.,
formerly the Volk-McLain Co., a corporation, to The Roman Catholic Archbishop of San
Francisco, a corporation sole, dated October 17, 1961, recorded December 29, 1961, Reel
483, Image 613, Official Records, as Instrument No. AS/161891.
Reserving and excepting from the aforedescribed premises (hereinafter referred to as
"Premises") an exclusive easement and right, from time to time, to construct, maintain,
operate, replace, remove, repair, alter and add 'io a pump station, pipeline and appurtenant
equipment and fixtures for the delivery of water in, under, and along a portion of the
premises together with the right of ingress to and egress from said easement for operation,
maintenance and construction purposes over and across the premises, such portion of the
premises being a portion of that certain parcel of land described in the deed to 'Valley
communitY Services District (a political subdivision) recorded August 10, 1961, as Exhibit
"A" (page 1) in Reel 2191, Image 417, Official Records of Alameda County, more
..... particularly described as follows:
Commencing at a point on the Southerly line of said Valley Community Services District
parcel. (2191 OR' 417) at the Westerly end of a tangent curve concave to tlxe South having a
radius of 570.00 feet, a tangent bearing to said beginning of curve bears North 71° 13' 00"
East; thence Easterly along said curve and said Southerly line (21.91 OR 417) an arc
distance of 28.26 feet through a central angle of 2° 50' 26" to the true point of beginning;
thence continuing along said curve and said Southerly line (2191 OR 417) .an arc' distance of
58.26 feet thj:. ough a central angle of 5° 51' 21"; thence leaving said Southerly line (2191
OR 417) Nofi. h 12° 51' 05" West 36.71 feet; thence South 77° 08' 55" West 58.23 feet:
thence South 12" 5.1' 05" East 36.88 feet to the true point of beginning.
Further reserving and excepting from the premises an 'easement and right, from time to
time, to construct, maintain, operate, replace, remove, repair, alter and add to an existing
water pipeline, hydrant and appurtenant equipment and fixtures in, under and along the
premises, such easement to be of sufficient width for the aforedescribed purposes and to be
located along the actual centerline of said existing waterline for its .full length on the
premises, which centerline generally follows the following described line:
Commencing at the Northeast corner of said Valley Community Services District Parcel
(2191./417); thence South 12° 41' 25" East along-the East line of said District Parcel
(2191/417) and the West line of State Highway No. 21 a distance'of 300 feet, more or less,
to an existing Waterline and the true point of beginning for this description; thence leaving
said East line (2191/4t7) and the West line of State Highway No. 21 in a Westerly'
direction along' the centerline of said existing waterline 56 feet, more or less, to an angle
point, hereon referred t° as Point "A"; thence Northerly along said centerline 50 feet, more
or less, to an angle point; thence Northwesterly along said centerline 170 feet, more or
less, to an existing fire hYdrant; thence continuing along the prolongation of the centerline
of the existing waterline 8.00 feet to the terminus of this descript.~
Assessor's Parcel Number: 941-0102-001
cLT.-~ Preliminary Report Form
EXHIBIT B
to
PCS SITE AGREEMENT
DESCRIPTION OF SSLP'S SITE.
Site I.D. No.: SF-36-XC-022(A)
Site Name: Northwest Dubiin ,
[Site Plans Attached Consisting of Five (5) Pages Attached Hereto]
Note: SSLP may replace tl~s Description of SSLP's Site with the plans submitted to the local jurisdiction for a building permit
and/or as-built drawings depicting the Site and PCS. Such replacement description shall be deemed a part of this Agreement and
shall be binding on Owner and SSLP.
Owner Initials
SSLP Initials
EXHIBIT C
to
P..fiS SITE AGREEMENT
MEMORANDUM OF PCS SITE. AGREEMENT
Site Name: Northwest Dublin, ,,,,., , Site I.D. No.: SF-36-XC~022 (A)
TH~S MEMOP~NDUM OF PCS SITE AGREEMENT is made and entered into as of
2001 by and between ***, a *** ("Owner") and SPRINT SPECTRUM L.P., a Delaware limited partnership ("SSLP').
WtTNESSETH:
That Owner hereby leases :o SSLP and SSLP hereby leases from Owner a portion of that certain real pr6t~erty (the'" Property")
in the State of California, County of ***, City of *** commonly known as ***, a legal description of which is' shown 'in E~thibit ~
attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded PCS Site Agreement by and
between Owner and SSLP dated by Owner ,2001 and incorporated herein byreference (the "Agreement") for
an initial term of five (5) years, and three (3) subsequent optional e~ension terms of five (5) years each, pursuant to the terms of- the
Agreement. The Agreemen[ provides for grant of an easement for rights, of access to the Property and to electrical and t~lephone
facilities serving the Property.
IN WITNESS WHEREOF. the parties have executed the Memorandum as of the day and year first above written,
SSLP: SPRINT SPECTRUM L.P., Owner:
a Delaware limited partnership
By:
By: Title:
Edward E. Regu,a
Title: Regional Director of Site Development Address:
Address: 4683 Chabot Drive, Suite 100
Pleasanton, California 94588
[FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION]
VICINITY MAP