HomeMy WebLinkAboutItem 4.2 - 3342 Shannon Cell Site 3rd Amendment
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STAFF REPORT
CITY COUNCIL
DATE: September 1, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Approval of Third Amendment to PCS Site Agreement for Lease of
Communications Site (11600 Shannon Avenue)
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a Third Amendment to the PCS Site
Agreement for Lease of Communications Site located at 11600 Shannon Avenue. Since
2001, the City has had a lease agreement with a telecommunications firm for a small
site adjacent to the Shannon Center. The proposed agreement provides four, five-year
renewal terms with the final term expiring on November 5, 2041, a one-time payment to
the City of $10,000, and increases monthly rent to $2,653.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Third Amendment to the PCS Site Agreement
(11600 Shannon Avenue).
FINANCIAL IMPACT:
The City will receive a one-time conditional signing bonus of $10,000 paid within 60
days of executing the Third Amendment. Ongoing rent payments will be approximately
$767 more per month and will continue to increase annually in accordance with the
Consumer Price Index (CPI) but no less than 3%.
DESCRIPTION:
On November 6, 2001, the City Council approved a Site Agreement (Agreement) under
which the City leased a small portion of land located adjacent to the Shannon Center to
telecommunications company Sprint Spectrum LP (Sprint) for the purpose of installing
and operating a personal communications service system facility. Under a separate
agreement, Sprint constructed a 230-square-foot accessory structure to house all
related equipment for the communications facility including battery backup and air
conditioning for the operation. In 2006, the Agreement was amended to reflect the
location of the leased site and related utility easements more accurately (First
Amendment). In 2009, Sprint underwent corporate restructuring, resulting in
adjustments to the Agreement to reflect certain changes in ownership (Second
Page 2 of 2
Amendment). The agreement is now held by STC Five LLC and sublet to Global Signal
Acquisitions III. The site currently serves as a 4G site for Sprint.
The initial term of the Agreement was five years with three automatic five-year
extensions and is set to expire on November 5, 2021. Initial monthly rent was $1,000.00
and increased annually by the percentage change in the Consumer Price Index, but no
less than 3%. The current rent is $1,885.58 per month.
Crown Castle, who manages the lease on behalf of Sprint, approached the City in 2019
requesting amendments to add renewal terms to the lease in advance of the expiration
date.
Proposed Changes
The proposed Third Amendment adds four automatic five-year extensions, extending
the agreement to November 5, 2041. In exchange for these extensions, the amendment
adjusts the monthly rent to the current market rate. The Staff-negotiated rent increase
from $1,885.58 to $2,653.00 is based on the average of current market rates for the
similar sites within a seven-mile radius of the site. In addition, the City will receive a
one-time payment of $10,000 paid within 60 days of executing the Third Amendment.
All other aspects of the lease agreement, including the annual rent increase formula,
remain unchanged.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving the Third Amendment to the PCS Site Agreement
2. Exhibit A to the Resolution - Third Amendment to the PCS Site Agreement
3. PCS Site Agreement with Amendments 1 and 2
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE THIRD AMENDMENT TO THE PCS SITE AGREEMENT
(11600 Shannon Avenue)
WHEREAS, on November 6, 2001 the City Council authorized a lease of a small
site adjacent to Shannon Community Center for a telecommunications facility; and
WHEREAS, on February 3, 2004 the City Council adopted Resolution 19-04,
which accepted the improvements as being complete and adopted the First Amendment
to the PCS Site Agreement; and
WHEREAS, on November 17, 2009 the City Council adopted Resolution 163-09,
approving the Second Amendment to the PCS Site Agreement which reflected changes
in ownership and the sublease to Global Signal Acquisitions III LLC; and
WHEREAS, the current Lessee has requested an amendment to the lease to add
an additional four five-year automatic renewal terms; and.
WHEREAS, in consideration of the addition of renewal terms, the City of Dublin
will receive a one-time payment of $10,000 and an increase in the current monthly rent
to $2,653.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Dublin
does hereby approve the Third Amendment to the PCS Site Agreement attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment on behalf of the City of Dublin and make any minor modifications as
necessary to carry out the intent of this resolution.
PASSED, APPROVED AND ADOPTED this 1st day of September 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 1
THIRD AMENDMENT TO PCS SITE AGREEMENT
THIS THIRD AMENDMENT TO PCS SITE AGREEMENT (this “Third Amendment”) is
entered into this ____ day of ______________, 20___, by and between the CITY OF DUBLIN, a
municipal corporation (“Lessor” or “Owner”), with a mailing address of 100 Civic Plaza, Dublin,
California 94568, and STC FIVE LLC, a Delaware limited liability company, registered in California
as TOWER COMPANY FIVE LLC, by and through GLOBAL SIGNAL ACQUISITIONS III LLC, a
Delaware limited liability company, its attorney in fact (collectively, “Lessee”), with a mailing address
of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
RECITALS
WHEREAS, Lessor and Sprint Spectrum L.P., a Delaware limited partnership (“Original
Lessee”) entered into a PCS Site Agreement dated November 6, 2001 (the “Original Agreement”), a
memorandum of which was recorded in Alameda County, California on November 30, 2001 at
Document No. 2001466374, whereby Original Lessee leased certain real property, together with access
and utility easements, located in Alameda County, California from Lessor (the “Site”), all located
within certain real property owned by Lessor (the “Lessor’s Property”); and
WHEREAS, the Original Agreement was amended by that certain First Amendment to PCS
Site Agreement dated February 6, 2004 (the “First Amendment”), and by that certain Second
Amendment to PCS Site Agreement dated November 17, 2009 (the “Second Amendment”)
(hereinafter the Original Agreement, First Amendment, and Second Amendment are collectively
referred to as the “Agreement”); and
WHEREAS, STC Five LLC, registered in California as Tower Company Five LLC, is
currently the lessee under the Agreement as ultimate successor in interest to the Original Lessee; and
WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating
a communications facility, including tower structures, equipment shelters, cabinets, meter boards,
utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Agreement had an initial term that commenced on November 6, 2001, and
expired on November 5, 2006. The Agreement provides for three (3) extensions of five (5) years (each
extension is referred to as a “Renewal Term”), all of which were exercised by Lessee. According to
the Agreement, the final Renewal Term expires on November 5, 2021; and
DocuSign Envelope ID: DF26DC58-634C-4FAF-A969-2D476B0FFBF2DocuSign Envelope ID: 32766AF6-6EFB-4ABA-BFA4-8AA444AD1FB0
Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 2
WHEREAS, Lessor and Lessee desire to amend the Agreement on the terms and conditions
contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are acknowledged, Lessor and Lessee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the
Agreement. All references of the defined terms “SSLP” and “Sprint” in the Agreement are hereby
deleted and “Lessee” is inserted in its place.
2. Term. The second sentence of Section 2 of the Original Agreement, and only that
sentence, is hereby deleted and the following is inserted in its place:
This Agreement will be automatically renewed for seven (7) additional terms (each a
“Renewal Term”) of five (5) years each, unless Lessee provides Lessor notice of
intention not to renew not less than ninety (90) days prior to the expiration of any
Renewal Term.
Lessor and Lessee hereby acknowledge that Lessee has exercised the first three (3) Renewal
Terms, leaving a balance of four (4) Renewal Terms, with the final Renewal Term expiring on
November 5, 2041.
3. Conditional Signing Bonus. Lessee will pay to Lessor a one-time amount of Ten
Thousand and 00/100 Dollars ($10,000.00) for the full execution of this Third Amendment (and any
applicable memorandum of amendment) (the “Conditional Signing Bonus”). Lessee will pay to Lessor
the Conditional Signing Bonus within sixty (60) days of the full execution of this Third Amendment
(and any applicable memorandum). In the event that this Third Amendment (and any applicable
memorandum) is not fully executed by both Lessor and Lessee for any reason, Lessee shall have no
obligation to pay the Conditional Signing Bonus to Lessor.
4. One-time Rent Increase. On November 6, 2021, the monthly rent shall increase to Two
Thousand Six Hundred Fifty-Three and 00/100 Dollars ($2,653.00) per month, which increase shall
replace and be in lieu of the regular rent escalation scheduled to occur pursuant to the Agreement on
July 1, 2021. Following such increase, the monthly rent shall continue to adjust pursuant to the terms
of the Agreement.
5. Lessor’s Cooperation. If requested by Lessee, Lessor will execute, at Lessee’s sole
cost and expense, all documents required by any governmental authority in connection with any
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Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 3
development of, or construction on, the Site, including documents necessary to petition the appropriate
public bodies for certificates, permits, licenses and other approvals deemed necessary by Lessee in
Lessee’s absolute discretion to utilize the Site for the purpose of constructing, maintaining and
operating communications facilities, including without limitation, tower structures, antenna support
structures, cabinets, meter boards, buildings, antennas, cables, equipment and uses incidental thereto.
Lessor agrees to be named applicant if requested by Lessee. Lessor shall be entitled to no further
consideration with respect to any of the foregoing matters.
6. Eminent Domain. If Lessor receives notice of a proposed taking by eminent domain of
any part of the Lessor’s Property upon which the Site or any easements are situated, Lessor will notify
Lessee of the proposed taking within five (5) days of receiving said notice and Lessee will have the
option to: (i) declare the Agreement null and void and thereafter neither party will have any liability
or obligation thereunder; or (ii) remain in possession of that portion of the Site and easements that will
not be taken, in which event there shall be an equitable adjustment in rent on account of the portion of
the Site and easements so taken. With either option Lessee shall have the right to contest the taking
and directly pursue an award.
7. Ratification.
a) Lessor and Lessee agree that Lessee is the current lessee under the Agreement, the
Agreement is in full force and effect, as amended herein, and the Agreement contains the entire
agreement between Lessor and Lessee with respect to the Site.
b) Lessor agrees that any and all actions or inactions that have occurred or should have
occurred prior to the date of this Third Amendment are approved and ratified and that no breaches or
defaults exist as of the date of this Third Amendment.
c) Lessor represents and warrants that Lessor is duly authorized and has the full power,
right and authority to enter into this Third Amendment and to perform all of its obligations under the
Agreement as amended.
d) Lessor agrees to provide such further assurances as may be requested to carry out and
evidence the full intent of the parties under the Agreement as amended hereby, and ensure Lessee’s
continuous and uninterrupted use, possession and quiet enjoyment of the Site under the Agreement as
amended hereby.
e) Lessor acknowledges that the Site, as defined, shall include any portion of the Lessor’s
Property on which communications facilities or other Lessee improvements exist on the date of this
Third Amendment.
DocuSign Envelope ID: DF26DC58-634C-4FAF-A969-2D476B0FFBF2DocuSign Envelope ID: 32766AF6-6EFB-4ABA-BFA4-8AA444AD1FB0
Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 4
8. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9, or
its equivalent, upon execution of this Third Amendment and at such other times as may be reasonably
requested by Lessee. In the event the Lessor’s Property is transferred, the succeeding lessor shall have
a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent,
and other related paper work to effect a transfer in the rent to the new lessor. Lessor’s failure to provide
the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and
Lessee may take any reasonable action necessary to comply with IRS regulations including, but not
limited to, withholding applicable taxes from rent payments.
9. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as
expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the
event of any conflict or inconsistency between the terms of this Third Amendment and the Agreement,
the terms of this Third Amendment shall control. The terms, covenants and provisions of this Third
Amendment shall extend to and be binding upon the respective executors, administrators, heirs,
successors and assigns of Lessor and Lessee. This Third Amendment may be executed simultaneously
or in counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same agreement.
10. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey
(“Survey”) specifically describing the Site and any access and utility easements associated therewith.
Lessee shall be permitted to attach the Survey as an exhibit to this Third Amendment and any related
memorandum for recording, which shall update and replace the existing description, at any time prior
to or after closing of this Third Amendment.
11. Recordation. Lessee, at its cost and expense, shall have the right to record a
memorandum of this Third Amendment (“Memorandum”) in the official records of Alameda County,
California at any time following the execution of this Third Amendment by all parties hereto. In
addition, Lessee shall have the right in its discretion, to record a notice of agreement, affidavit or other
form to be determined by Lessee without Lessor’s signature in form and content substantially similar
to the Memorandum, to provide record notice of the terms of this Third Amendment.
[Execution Pages Follow]
DocuSign Envelope ID: DF26DC58-634C-4FAF-A969-2D476B0FFBF2DocuSign Envelope ID: 32766AF6-6EFB-4ABA-BFA4-8AA444AD1FB0
Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 5
This Third Amendment is executed by Lessor as of the date first written above.
LESSOR:
CITY OF DUBLIN,
a municipal corporation
By:
Print Name:
Print Title:
[Lessee Execution Page Follows]
DocuSign Envelope ID: DF26DC58-634C-4FAF-A969-2D476B0FFBF2DocuSign Envelope ID: 32766AF6-6EFB-4ABA-BFA4-8AA444AD1FB0
Site Name: NORTHWEST DUBLIN
Business Unit #: 880499 6
This Third Amendment is executed by Lessee as of the date first written above.
LESSEE:
STC FIVE LLC,
a Delaware limited liability company,
registered in California as TOWER COMPANY
FIVE LLC
By: GLOBAL SIGNAL ACQUISITIONS III
LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:
Print Name:
Print Title:
DocuSign Envelope ID: DF26DC58-634C-4FAF-A969-2D476B0FFBF2
Senior Transaction Manager
Melanie Webb
DocuSign Envelope ID: 32766AF6-6EFB-4ABA-BFA4-8AA444AD1FB0
April 1999
PCS SITE AGREEMENT
Page 1 of 6
Site Name: Northwest Dublin Site I.D. No.: SF•36-XG0221A)
1. Property and Use.
(a) Owner is the owner of the real property and
improvements described in Exhibit A ("Property") and hereby
leases to Sprint Spectrum L.P., a Delaware limited partnership
("SSLP") , the site described below:
Land consisting of approximately 300 square feet, upon
which SSLP will construct its equipment base station,
shelter, a light pole, antenna structure and space for cable
.runs to connect the equipment shelter and antennas on
the light pole,
in the location(s) on the Property ("Site") shown on Exhibit B
together with a non-exclusive easement for access thereto and to
the appropriate, in the discretion of SSLP, source of electric and
telephone facilities.
(b) The Site will be used by SSLP for the purpose of
installing, removing, replacing, maintaining, modifying and
operating, at its expense, a personal communications service
system facility ("PCS"), including, without limitation, related
antennas, equipment, back-up power sources (including a
temporary, portable, Whisper -Watt generator and fuel storage
tanks), cable, wiring and fixtures and, if applicable, an antenna
structure. SSLP shall use the Site solely for the operation of its
communications facility to transmit and receive on frequencies for
which SSLP holds all necessary permits and licenses.
(c) SSLP shall have access to the Site during park
hours and after normal park hours in the case of maintenance that
requires the Site to be shut down for any period of time, provided
that, for such after normal park hours access, SSLP shall provide
Owner not less than forty-eight (48) hours' prior notice. In
addition, SSLP shall have access to the Site in the event of an
emergency, twenty-four (24) hours per day, seven (7) days per
week. SSLP will use the Site in a manner that will not
unreasonably disturb the occupancy of Owner's other tenants or
the occupancy of adjacent property owners. SSLP warrants that the
noise from the PCS shall not exceed fifty (50) dBa, as measured
from the property line of the Property and, to minimize noise,
agrees to run any air conditioning unit only at such times as are
necessary to maintain the proper functioning of SSLP's equipment.
GACLIENTSUSB\SPRIN;INorthern Ca1ifornia\Doa\SF-36-XC ON(A)1PCS Site AgtA.wpd
October 30, 2001
(d) Owner agrees to permitSSLP ingress and egress
to the Site to conduct such surveys, structural strength analysis,
subsurface boring tests and other activities of a similar nature as
SSLP may deem necessary, at the sole cost of SSLP.
(e) SSLP acknowledges that Owner will deliver the
Site in its "as -is" condition, without warranty, express or implied,
as to condition or usability, except as otherwise expressly set forth
in this Agreement.
2. Term. The term of this Agreement (the "Initial Term") is five
(5) years, commencing on the date ("Commencement Date") both
SSLP and Owner have executed this Agreement. This Agreement
will be automatically renewed for three (3) additional terms (each
a "Renewal Term") of five (5) years each, unless SSLP provides
Owner notice of intention not to renew not less than ninety (90)
days prior to the expiration of the Initial Term or any Renewal
Term.
3. Rent.
(a) From the Commencement Date through the date
which is the earlier of (i) thirty (30) days following issuance of a
building permit for installation of the PCS at the Site, (ii)
commencement of construction of the PCS or (iii) July 1, 2002,
rent will be a one-time aggregate payment of one hundred dollars
($100.00) , the receipt of which Owner acknowledges. Upon the
occurrence of one of the three foregoing dates, SSLP shall
commence to pay Owner, in advance on the first day of each and
every calendar month, and without demand, deduction, offset or
abatement, monthly rent ("Base Rent") in equal monthly
installments of One Thousand Dollars ($1,000.00) (until
increased as set forth herein), partial months to be pro -rated.
(b) The Base Rent due hereunder shall be adjusted
annually throughout the term of this Agreement, as of the
anniversary of the first day of July following the Commencement
Date, to the extent of any percentage change that occurred in the
Consumer Price Index ("CPI") for "All Items - All Urban
Consumers" for the San Francisco-Oakland-SanJose Metropolitan
Statistical Area during the preceding twelve (12) months. The
Base Rent adjustment shall be calculated by multiplying the Base
Rent then in effect by a fraction, the numerator of which is the CPI
in effect two (2) calendar months prior to the applicable
adjustment date, and the denominator of which is the CPI in effect
,1 'r 17
April 1999
PCS SITE AGREEMENT
Page 2 of 6
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
as of the calendar month fourteen (14) 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 all
writing. If the Index is discontinued or revised, such other of the assets of SSLP ("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
Index had not been discontinued or revised.
(c) SSLP acknowledges that in the event SSLP fails
to deliver to Owner Base Rent or additional rent when due, such
failure will cause Owner to incur costs not contemplated under
this Agreement, the exact amount of which will be extremely
difficult to ascertain. Such costs include, but are not limited to,
processing and personnel costs. Accordingly, if any such payment
is not received by Owner when due, SSLP will pay Owner a late
payment charge equal to ten percent (10%) of the overdue
payment. SSLP agrees that this late charge represents a fair and
reasonable estimate of the costs Owner will incur by reason of
SSLP's late payment. Owner's acceptance of such late charge shall
in no event constitute a waiver by Owner of any default by SSLP
under this Agreement with .respect to an overdue payment, nor
prevent Owner from exercising any other rights or remedies
granted to Owner under this Agreement or at law or equity.
4. Title and Quiet Possession. Owner represents and agrees (a)
that it is the owner of the Site; (b) that it has the right to enter into
this Agreement; (c) that the person signing this Agreement has the
authority to sign; (d) that SSLP is entitled to access to the Site at all
times and to the quiet possession of the Site throughout the Initial
Term and each Renewal Term so long as SSLP is not in default
beyond the expiration of any cure period; and (e) that Owner shall
not have unsupervised access to the Site or to the PCS equipment;
provided, however, that in the event of an emergency situation
which poses an immediate threat of substantial harm or damage to
persons and/or property on the Property and which requires entry
on the Site, Owner may enter the Site and take such actions as are
required to protect individuals or personal property from such
immediate threat of substantial harm or damage; provided that
promptly after such emergency entry into the Site (and in no event
later than twenty-four [24] hours) Owner gives telephonic and
written notice to SSLP of Owner's entry onto the Site.
5. Assignment/Subletting. SSLP will not Transfer this Agreement
or all or any portion of the Site without the prior written consent
of Owner, which consent will not be unreasonably withheld,
G:\CLIEATSUSB\SPRINT,Northern California\Does\SF-36-XC-022(A)\PCS Site A6t.4.wpd
October 30, 2001
(a) For the purpose of the foregoing, "Transfer" shall
be deemed to include the assignment, transfer, pledge, mortgage or
hypothecation of this Agreement or any interest hereunder, or the
sublet (including licensing or levying use fees by SSLP of other
third party users of the Site) of the Site or any part thereof. The
term also includes allowing any other person or entity to occupy or
use all or any part of the Site or PCS.
(b) Except for Permitted Transfers, SSLP shall
promptly provide Owner with all reasonably required information
regarding the Transfer, including background and financial
information on the proposed transferee. In no event shall Owner's
consent to a Transfer release SSLP of its obligations under this
Agreement. Any transfer in violation of the terms of this Section
5 shall, at Owner's option and in Owner's sole and absolute
discretion, be voidable and, at the option of Owner, and at Owner's
sole and absolute discretion, shall be deemed to constitute a
default under this Agreement. In the event that Owner shall
consent to a Transfer, such Transfer shall not be effective until the
transferee shall execute, acknowledge and deliver to Owner an
agreement, in commercially reasonable form and substance,
whereby transferee agrees that the provisions contained in this
Agreement shall, notwithstanding such Transfer, continue to be
binding upon such transferee with respect to all future proposed
Transfers. Such Transfer agreement shall be duly executed, and a
fully executed copy thereof shall be delivered to Owner.
(c) Except for Permitted Transfers, if SSLP requests
Owner's consent to a Transfer, SSLP shall pay all reasonable out
of pocket expenses incurred by Owner, including, but not limited
to, attorneys' fees reasonably incurred related to such Transfer,
whether or not the Transfer is approved; however, in no event will
such costs exceed One Thousand Five Hundred Dollars
($1,500.00) per request.
(d) Owner shall be entitled to fifty percent (50%) of
the bonus rent received by SSLP as a result of such Transfer. For
the purpose of this Section, "bonus rent" shall mean (i) in the event
of a sublease where SSLP continues to occupy the Site, rent
received by SSLP from the sublessee, or (ii) in the event of an
April 1999
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 the Site, regulations. Prior to commencing construction of any
the recurring rent received by SSLP from the transferee that is in improvement, alteration, modification, or construction 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 such work, which approval shall not be
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 shall be constructed in strict
construct the Site or payment made to purchase SSLP's equipment conformity with such approved plans and specifications. Title to
located at the Site, provided that upon any such Transfer SSLP all improvements placed on the Site by SSLP shall be held by SSLP
shall provide Owner a written and reasonably detailed summary and all of the improvements shall remain the property of SSLP and
and breakdown of the development and equipment costs recovered shall not be deemed to be fixtures.
by SSLP and the amount of the rent being paid by the transferee.
6. Notices. All notices must be in writing and are effective only
when deposited in the U.S. mail, certified and postage prepaid, or
when sent via overnight delivery. Notices to SSLP are to be sent
with reference to the Site Name and I.D. listed above, to 4683
Chabot Drive, Suite 100, Pleasanton, CA 94588 with a copy to
Sprint Law Department, 6391 Sprint Parkway, Mailstop:
KSOPHT0101-Z2020, Overland Park, Kansas 66251-2020,
Attention: Sprint PCS Real Estate Attorney. Notices to Owner
must be sent to the address shown underneath Owner's signature.
7. Improvements.
(a) SSLP may, at its expense, make the
improvements to the Site set forth in Exhibit B to this Agreement
(the "Initial Improvements"). SSLP shall also have the right to
make additional alterations and improvements to the Site, as SSLP
deems necessary from time to time for the operation of the PCS,
with Owner's prior written consent not to be unreasonably
withheld; provided, however, that Owner shall have the right to
deny its consent for any improvements or alterations that
materially increase the visual impact of the facility.
Notwithstanding the foregoing, SSLP shall have the right to alter,
upgrade, replace and exchange its equipment and antennas so long
as the new equipment remains within the physical parameters of
the leased Site and the antennas do not increase in size or increase
the height of the antenna structure. Owner agrees to reasonably
cooperate with SSLP, at SSLP's sole cost and expense, with respect
to obtaining any required zoning approvals, or other governmental
approvals for the Site, or other governmental approvals or permits
for the Site and such improvements. In connection with SSLP's
installation and construction of improvements on the Site, all of
SSLP's construction and installation work shall be performed at
SSLP's sole cost and expense, in a good and workmanlike manner
and in conformance with all applicable laws, ordinances, rules, and
GICLIENTSUSBISPRINT\Northern California4Dors1SF-36-XC-022(A)1PCS Site Agt.4 �.vpd
October.30, 2001
(b) There is an existing lightpole located on the
Property in the location shown on Exhibit B that will be removed
by SSLP and replaced with a replacement lightpole suitable for
installation of SSLP's antennas. SSLP and Owner agree that,
concurrent with the construction of SSLP's PCS, SSLP will: (i)
remove and dispose of the existing lightpole and install a
replacement lightpole (at a height determined by SSLP and
approved by the local permitting jurisdiction) inthe same general
location (plus additional area that may be required for the
lightpole foundation) for the attachment of SSLP's antennas; (ii)
install, on the lightpole, parking lot lights of similar power and
illumination, as were the lights on the removed lightpole (the
"Replacement Lights"). SSLP and Owner agree that once the
Replacement Lights are installed, Owner shall pay for all costs to
repair, maintainand operate the Replacement Lights. In addition,
Owner shall pay a reasonable allocation for electrical costs
attributable to the Replacement Lights if they are run off of SSLP's
electrical supply. Owner, and Owner's agents, employees and
contractors, shall not have access to SSLP's Site or lightpole, and
shall not climb the lightpole or access the interior of the lightpole
for any reason whatsoever. Minor repair and lamp replacement for
the Replacement Lights may be made by Owner provided it can be
accomplished without climbing the lightpole. If the nature of the
repair requires climbing the lightpole, Owner shall give SSLP not
less than five (5) business days prior written notice, per Section 6
of this Agreement, and permit SSLP to perform, at Owner's cost,
such maintenance or repair. Upon termination or expiration of
this Agreement, Owner can elect to take ownership of the
lightpole, or have SSLP remove the lightpole and replace it with a
lightpole that matches the one that existed on the Commencement
Date.
8. Compliance with Laws. SSLP will comply with all applicable
laws directly relating to SSLP's operation of the PCS and the
improvements constructed by SSLP at the Site. SSLP's obligation
April 1999
PCS. SITE AGREEMENT
Page 4 of 6
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
to comply with applicable laws includes the obligation to comply respect to a default which may not be cured 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 presence and/or under applicable law, including, but not limited to, the right to
exposure to electro-magnetic fields (" EMFs") and radio frequency terminate this Agreement. If the non -monetary default may not
("RF") 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 if the defaulting party
commences action to cure the default within such thirty day period
9. Interference. SSLP will resolve technical interference
problems with other equipment located at the Property as of the
Commencement Date ("Pre-existing Communications") and
SSLP's PCS shall comply with all non-interference rules of the
Federal Communications Commission ("FCC"). Owner will not
permit or suffer the installation of any future equipment which (a)
results.in technical interference problems with SSLP's then existing
equipment, or (b) encroaches onto the Site.
10. Utilities. SSLP shall be solely responsible for obtaining
utilities for the Site. SSLP install a separate utility meter, at its
own expense, and will pay for all utilities used by it at the Site.
Owner will cooperate with SSLP in SSLP's efforts to obtain
utilities from any location provided by Owner or the servicing
utility, including signing any easement or other instrument
reasonably required by the utility company.
11. Termination. SSLP may terminate this Agreement without
further liability to Owner (i) upon thirty (30) days' written notice
to Owner if SSLP does not obtain all permits, consents, easements,
non -disturbance agreements or other approvals (collectively,
"approval") reasonably desired by SSLP or required from any
governmental authority or any third party related to or reasonably
necessary to operate the PCS system, or if any such approval is
canceled, expires or is withdrawn or terminated, or (ii) upon
written notice to Owner if Owner fails to have proper ownership
of the Site or authority to enter into this Agreement, or (iii) upon
ninety (90) days' prior written notice to Owner if SSLP, for any
other reason, in its sole discretion, determines that it will be unable
to use the Site. Upon termination, all prepaid rent shall be
retained by Owner, unless termination is pursuant to (ii) above or
is a result of Owner's default.
12. Default If either party is in default under this Agreement for
a period of (a) fifteen (15) days following receipt of notice from
the non -defaulting party with respect to a default which may be
cured solely by the payment of money, or (b) thirty (30) days
following receipt of notice from the non -defaulting party with
G:ICLIENTSUSB\SPRINT:Northern California\Dots\SF-36-XC-022(A)\PCS Site Ao .4.wpd
October 30, 2001
and proceeds with due diligence to fully cure the default.
13. Indemniix. SSLP hereby agrees to indemnify, hold harmless,
protect, defend (with counsel reasonably acceptable to Owner)
Owner, and Owner's agents, elected officials, officers, employees,
representatives, contractors, consultants, and volunteers, from and
against any and all claims, causes of action, liabilities, losses, costs,
and damages, whether foreseeable or unforeseeable, to the extent
caused by any negligent act or omission of SSLP or SSLP's agents,
employees, representatives, and contractors, or to the extent caused
by SSLP's use of or activities on or about the Site or operation of
the PCS (including, without limitation, any claims related to radio
or electromagnetic fields, radiation, or emissions created by the
PCS). The foregoing indemnity obligations of SSLP shall not
apply to the extent any such claims, causes of action, liabilities,
losses, costs and damages are caused by the negligence or willful
misconduct of Owner or Owner's agents, elected officials, officers,
employees, representatives, contractors, consultants, and
volunteers. The provisions of this Section shall survive the
termination, cancellation, or expiration of this Agreement.
14. Hazardous Substances. Owner represents that it has no
knowledge of any substance, chemical or waste (collectively,
"substance") on or under the Site or Property that is identified as
hazardous, toxic or dangerous in any applicable federal, state or
local law or regulation. SSLP will not introduce or use any such
substance on the Site in violation of any applicable law. Owner
shall indemnify and hold SSLP harmless from and against all
claims, actions, damages, fines, liabilities, costs and expenses
(including attorneys' and expert fees) arising, directly or indirectly,
from the presence of any substance on, under or around the
Property or the Site, unless said substance was actually brought
onto the Property or Site by SSLP. SSLP shall indemnify and hold
Owner harmless from and against all claims, actions, damages,
fines, liabilities, costs and expenses (including attorneys' and expert
fees) to the extent caused by the presence of substances that were
brought onto the Property or Site by SSLP. These indemnity
obligations shall include damages, costs and expenses incurred in
=5 V.-,/9
April 1999
PCS SITE AGREEMENT
Page 5 of 6
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
connection with any investigation, cleanup, remediation, (c) Owner and Owner's agents, elected officials,
monitoring, removal or restoration 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 out of activities performed by or on behalf of SSLP,
15. Subordination/Non-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 of protections afforded to Owner
disturbance agreement reasonably acceptable to SSLP from the or Owner's officers, employees, agents or volunteers
holder of any such mortgage or deed of trust.
16. Taxes. SSLP will be responsible for payment of all personal
property taxes assessed directly upon and arising solely from its use
of the PCS on the Site. Although Owner, as a public entity, is
generally exempt from taxation, this Agreement may create a
taxable possessory interest. SSLP acknowledges that notice is and
was hereby given pursuant to California Revenue and Taxation
Code section 107.6 that use or occupancy of any public property
pursuant to this Agreement may create a possessory interest that
may be subject to the payment of property taxes levied on such
interest. SSLP shall be solely liable for and shall pay and discharge
prior to delinquency any possessory interest tax that may be levied
as a result of SSLP's possessory interest created pursuant to this
Agreement.
17. Insurance.
(a) SSLP will procure and maintain, throughout the
duration of this Agreement, commercial general and automobile
liability insurance, with limits of not less than One Million Dollars
($1,000,000) combined single limit per occurrence for bodily
injury and property damage liability, with a certificate of insurance
showing Owner and Owner's agents, elected officials, officers,
employees, representatives, contractors, consultants, and
volunteers as an additional insured, as their interests may appear,
to be furnished to Owner within thirty (30) days of written request.
(b) Commercial general liability coverage shall be at
least as broad as Insurance Services Office Commercial General
Liability occurrence form CC 0001 (ed. 7/98). Automobile
coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 7/97) Code 1 ("any
auto"). No endorsement affecting any additional insured shall be
attached limiting the coverage.
G:ICLIENTSV SB\SPRIN'rNorthern California\Does\SF-36-XC-022 (A)\PCS Site Agt.4.wpd
October 30, 2001
(d) The insurance shall cover on an occurrence or
accident basis, and not a claims -made basis.
(e) Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
(i) An endorsement must state that
coverage is primary insurance with respect to Owner and its
officers, officials, employees and volunteers, and that no insurance
or self-insurance maintained by Owner shall be called upon to
contribute to a loss under the coverage.
(ii) Any failure of SSLP to comply with
reporting provisions of the policy shall not affect coverage
provided to Owner and its officers, employees, agents, and
volunteers.
(iii) An endorsementshall state that coverage
shall not be suspended, voided, canceled by either party, reduced
in coverage or in limits, except after thirty (30) days' prior written
notice.
18. Maintenance. SSLP will be responsible for repairing and
maintaining the PCS and any other improvements installed by
SSLP at the Site or Property in a good and safe condition and in
compliance with all applicable laws, ordinances, rules and
regulations. Owner will have no obligation to SSLP to maintain or
repair the Site or Property. SSLP shall promptly repair any
damage to Owner's property or the Property caused by SSLP's
construction or operation of the PCS or SSLP's use or occupancy
of the Site or Property. Upon the expiration or termination of this
Agreement, SSLP will remove its PCS and all of its improvements
from the Site and/or appurtenant areas on the Property and SSLP
shall restore the Site to the condition that existed as of the date of
this Agreement (including leaving a working lightpole in place, as
4 oz�/7
April 1999
PCS SITE AGREEMENT
Page 6 of 6
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
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.
19. Miscellaneous. (a) This Agreement applies to and binds the
heirs, successors, executors, administrators and assigns of the
parties to this Agreement; (b) This Agreement is governed by the
laws of the State in which the Site is located; (c) If requested by
SSLP, Owner agrees promptly to execute and deliver to SSLP a
recordable Memorandum of this PCS Site Agreement in the form
of Exhibit C; (d) This Agreement (including the Exhibits)
constitutes the entire agreement between the parties and
supersedes all prior written and verbal agreements,
representations, promises or understandings between the parties,
and any amendments to this Agreement must be in writing and
executed by both parties; (e) If any provision of this Agreement is
invalid or unenforceable with respect to any party, the remainder
of this Agreement or the application of such provision to persons
other than those as to whom it is held invalid 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 (f)
The prevailing party in any action or proceeding in court or
mutually agreed upon arbitration proceeding to enforce the terms
of this Agreement is entitled to receive its reasonable attorneys
fees and other reasonable enforcement costs and expenses from the
non -prevailing party.
By:
Print Name
Its:
Mayor
S.S./Tax No.:
Address:
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
Phone:
(925) 833-6650
Dated: — , 2001
ATTEST:
City Clerk
APPROVED AS TO FORM:
SSLP
The following Exhibits are attached to and made a part of this Its:
Agreement: Exhibit A, B and C.
Dated:
GACL1E1NTSUS3SPRINTWorthern California\Docs\SF-36-XC-022(A)\PCS Site Agt.4.wpd
October 30, 2001
City Attorney
[ITS
limited
Edward E. Re ua
Regional Director of Site I
_, 200i
�C__t ___
EXHIBIT A
to
PCS SITE AGREEMENT
DESCRIPTION OF OWNER'S PROPERTY
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022 (A)
Description of Owner's Property:
The real property situated in the City of Dublin, 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
SSLP Initials
The land referred to in this Report is situated in the 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 13' 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 12' 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 1, 1967, Reel 1973, Image 585 Alameda County Records, as Series No. AZ/51425;
thence along the last namedline 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 11.53 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 710 13' West 121.95 feet;
thence along the 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 ° 13' 31 " East
84.66 feet until intersected by a line 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
Volk -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 all water rights, including the right to use subterranean waters together
with any pipes, wells or other equipment relating to the u of o xtraction of water from
CLTA Preliminary Report Form
?/I
or under said property, as reserved in the deed of gift by Volk -McLain Communities 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 to 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 the 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 (2191 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 through a central angle of 5° 51' 21"; thence leaving said Southerly line (2191
OR 417) North 12' 51' 05" West 36.71 feet; thence South 77' 08' 55" West 58.23 feet:
thence South 12' 51' 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 (2191/417) 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 to 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 descriptio .
Assessor's Parcel Number: 941-0102-001
CLTA Preliminary Report Form
EXHIBIT B
to
PCS SITE AGREEMENT
DESCRIPTION OF SSLP'S SITE
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022 (A)
[Site Plans Attached Consisting of Five (5) Pages Attached Hereto]
Note: SSLP may replace this 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
SARI our WING NORM ON CWRCT DP.. 1"W ,cs OWE s OR. BY TJP.N:M R:-
- LEFT (WEST ONTO CWENs DA
TURN RlDxr (NORM) ONTO HOPYARD Q.
TURN LEFT OTY6T O,ITD gIDW B VFEq NQRR1 ONfO x. 2GUx0 V1V.,GE PAR%wAY
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14Rtl W0M IHiO lOT OPw SPACE I
-DRIVING DIRECTIONS
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PROJECT DESCRIPTION
CODE COMPLIANCE
APPLICANT/LESSEE
SPPoNT KS
s68.S cx DT DR rvE 9ua IN
P+LEASAMOx, CA 9+568
PLMENTMNI ENGINEER: StEYF MLDEWpRTi!Y
_I: LELILU-925-998-1159
PROPERTY INFORMATION
OWNER: LRY CF OUDUN
ADORE55 50O OUBl1N BLVO.
CONTACT: CU9LIN, W 91560
PXCNE: 925-823-4932 ELL£ 932 XEN
AP.EA Of COnS�UCnOv:
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OCCUPANCY 1 E
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PROJECT SUMMARY
SURVEYOR,
At,E CSVd fV.Ws k ASSOCIATES
POCRESS EOCO F%ECUINE PAAMWAY, su,TE 1ti
Cltt, SPATE, DP �MNRW CUI CA 9: 583
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ARCHITECT,
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AO^u< <s SB60 DL4CKHwwN RWO
cR". 5'F;F. Zip OA-L E, Ck 91505
CO—: JONN NOPYEFR AU
PXDNE: 925-6AE-6BO0 PAX: 925-eAq-9929
STRUCTURAL ENGINEER,
NAME An ARCHlFCTs k EHG!NEEAS
M0RE55 D960 rcZ,1wK RGb
M. MI's 2!P D_M W 9A5O6
CO MAGI: HN HOPHPRR ALA/STE+E R_'L
PNGNE: 25-61 -6900 F. 92E-5i6-6B25
ELECTFOCAL ENGINEER
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?"oNE: 935-6aB-B6O0 AX:. 925-6a9-8628
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GENERAL CONTRACTOR
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EXHIBIT C
to
PCS SITE AGREEMENT
MEMORANDUM OF PCS SITE AGREEMENT
Site Name: Northwest Dublin Site I.D. No.: SF-36-XC-022(A)
THIS MEMORANDUM 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").
WITNESSETH:
That Owner hereby leases to SSLP and SSLP hereby leases from Owner a portion of that certain real property (the "Property ")
in the State of California, County of ***, City of *** commonly known as ***, a legal description of which is shown in Exhibit A
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 by reference (the "Agreement") for
an initial term of five (5) years, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the
Agreement. The Agreement provides for grant of an easement for rights of access to the Property and to electrical and telephone
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. Regua
Title: Regional Director of Site Development Address:
Address: 4683 Chabot Drive, Suite 100
Pleasanton, California 94588
[FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION]
Owner Initial
SSLP Initial
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Sprint Spectrum L.P.
4683 Chabot Drive, Suite 100
Pleasanton, CA 94588
Attn: Property Specialist - Alameda
County; SF-36-XC-022 (A)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is made and entered into as of O V • Ste,
2001, by and between CITY OF DUBLIN, a municipal corporation ("Owner") and SPRINT
SPECTRUM L.P., a Delaware limited partnership ("SSLP").
WITNESSETH:
That .Owner hereby leases to SSLP and SSLP hereby leases from Owner a portion of that
certain real property (the "Property") in the State of California, County of Alameda, City of
Dublin, commonly known as 11600 Shannon Avenue, a legal description of which is shown in
Exhibit A attached hereto and incorporated herein by reference, under the terms and
condiV''ons of the unrecorded PCS Site Agreement by and between Owner and SSLP dated
/Voy . �Q _, 2001 and incorporated herein by reference (the "Agreement") for an
initial term of five (5) years, and three (3) subsequent optional extension terms of five (5) years
each, pursuant to the terms of the Agreement. The Agreement provides for grant of an
easement for rights of access to the Property and Site and to electrical and telephone facilities
serving the Property and Site.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and
year first above written.
SSLP: SPAT SPECTRUM L.P.,
a Delaw e limited partnership
By:-�-'�-- - =--�
Edward E. egua
Title: Regional Director of Sit
Development
OWNER: City of Dublin, a Municipal
Corporation
By:
Print N e: \7AxlT O�g7'
Its: Mayor
ACKNOWLEDGMENTS ATTACHED
C:\CLIENTSJSB\SPRI1NT\Northern California\Docs\SF-36-XC-022(A)1AAemo of Agtwpd
October 30, 200 S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California Countyof
2ZMLO�Qj ss.
On Y 9 f _, before me,
Date
personally appeared
•fir,:. • • �~• •'i"'�:
Place Notary Seal Above
A4
Notary
9 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/tier/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS m and a f iicial seal.
nature of Ndk gry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and repttachrr�ent thi form t another document.
Description of Attache cum T/ L(1
Title or Type of Document: / p
Document Date: �U��`7 f`��� �p� umber of Pages: .1q�
Signer(s) Other Than Named Above:��
Capacity(ies) Claimed by Signer
I I'll
Signer's Name: \��/��- /_n_A_f Z-, 7— I = -
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
[I Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: ca�%l -r-I OF LN%
01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Tall -Free 1-800.876-6827
le
�f
PCS SITE AGREEMENT
Page 6 of 6
contemplated under Section 7 of this Agreement), except for OWNER: City of
ordinary wear and tear and damage not caused by SSLP.
19. Miscellaneous.. (a) This Agreement applies to and binds the
heirs, successors, executors, administrators and assigns of the
parties to this Agreement; (b) This Agreement is governed by the
laws of the State in which the Site is located; (c) If requested by
SSLP, Owner agrees promptly to execute and deliver to SSLP a
recordable Memorandum of this PCS Site Agreement in the form
of Exhibit C; (d) This Agreement (including the Exhibits)
constitutes the entire agreement between the parties and
supersedes all prior written and verbal agreements,
representations, promises or understandings between the parties,
and any amendments to this Agreement must be in writing and
executed by both parties; (e) If any provision of this Agreement is
invalid or unenforceable with respect to any party, the remainder
of this Agreement or the application of such provision to persons
other than those as to whom it is held invalid 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 (f)
The prevailing party in any action or proceeding in court or
mutually agreed upon arbitration proceeding to enforce the terms
of this Agreement is entitled to receive its reasonable attorneys
fees and other reasonable enforcement costs and expenses from the
non -prevailing party.
By:
Print Name:
Its:
S.S./Tax No.:
Address:
Phone:
Dated:1
ATTEST:
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
(925) 833-6650
City
200
APPROVED AS TO FORM:/-^V
_i6
City Attorney
SSLP
a Del;
M
The following Exhibits are attached to and made a part of this Its:
Agreement: Exhibit A, B and C.
Dated:
GICLIENTSVSB\SPRIN'nNorthern Caiifomia\Docs\SF-36-XC-022(A)\PCS Site Agt.4.wpd
October 30. 2001
-INT SPECTRUM
limited partnership
Edward E. Regua
Regional Director of Site
2001
orporation
f l;�'
April 1999
EXHIIBIT "A" TO RESOLUTION �1- 04
FIRST AMENDMENT TO PCS SITE AGREEMENT
Page 1 of 1
Site Name: Northwest Dublin Site I.D. No.: SF36XCO22(A)
This First Amendment to PCS Site Agreement (the "Amendment") is entered into by and between
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:
1. 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 Section 6
of the Lease are hereby amended to be as follows:
National Lease Management Group
6391 Sprint Parkway; Mailstop KSOPHTO 10 1 -Z2650
Overland Park, Kansas 66251-2650
ATTN: SF-36-XC-022(A)
with a copy to:
Sprint Law Department
6391 Sprint Parkway, Mailstop KSOPHTO 10 1 -Z2020
Overland Park, Kansas 66251-2020,
Attn.: 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.,
a Delaware limited partnership
ON
George Ghantous, Director Site Delivery
Dated: November I 2-f2003
Owner: 'ty of Dublin, a MuW'cipal corporation,
By: ' LfG
Print e: Janet Lockhart
Its: Mayor
Dated:
Attest: IV►w
City clerk
001
EXHIBIT 1
LEASED PARCEL AREA, UTILITY EASEMENT, TELEPHONE EASEMENT
Site Name: Northwest Dublin Site I.D. No.: SF36XCO22(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
C
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
OFFICE 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
41048'23" 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 51 °42'47" 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 WITHI THE
LANDS CONVEYED TO THE CITY OF DUBLIN AS DESCRIBED IN THE
QUITCLAIM DEED RECORDED ON JULY 1, 1988 IN THE OFFICE 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
Page 1 10/04/02
\\SRN1\VOL1\PROJECT\ATIA0000-1000 009\Atia-1000 009\Admin\Reports\LPA_LGL.doc
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 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 51 °42'47" 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 70042'48" AN ARC
DISTANCE OF 3.09 FEET; THENCE SOUTH 0102751" 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 1600425" AN
ARC DISTANCE OF 3.51 FEET; THENCE SOUTH 1703216" 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 62°42'30" AN ARC DISTANCE OF 8.21 FEET; THENCE
SOUTH 02017'51" 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 03008'14" EAST, 12.97 FEET; THENCE SOUTH .
86047'55" WEST, 15.18 FEET; THENCE NORTH 1202833 WEST, 12.10 FEET -
THENCE NORTH, 8.44 FEET; THENCE NORTHERLY ALONG A TANGEN
CURVE TO THE RIGHT HAVING A RADIUS OF 12.50 FEET THROUGH A
CENTRAL ANGLE OF 2602652" AN ARC DISTANCE OF 5.77 FEET; THE E
NORTH 26025'52" EAST, 11.95 FEET; THENCE NORTHERLY ALONG A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 7.50 FEET
YTHROUGH A CENTRAL ANGLE OF 28043'43" AN ARC DISTANCE OF 3.76
FEET; THENCE NORTH 02'1751" 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 60°24'39" EAST, 14.63
FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE TO THE
Page 2 10/04/02
\\SRN1\VOL1\PROJECT\ATIA0000-1000 009\Atia-1000 009\Admin\Reports\LPA_LGL.doc
LEFT HAVING A RADIUS OF 7.50 FEET THROUGH A CENTRAL ANGLE OF
4205223" AN ARC DISTANCE OF 5.61 FEET; THENCE NORTH 17'32'16"
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 0102751"
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 51 °42'47" 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 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 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 51°42'47"
EAST, 5.00 FEET; THENCE LEAVING LAST SAID SOUTHEASTERLY LINE
SOUTH 38017'13" 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 18°24'44" EAST, 5.00 FEET;
THENCE SOUTH 71035'16" WEST, 13.50 FEET; THENCE NORTH 38017'13"
Page 3 10/04/02
\\SRN 1 WOL 1\PROJECT\ATIA0000-1000 009\Atia-1000 009\Admin\Reports\LPA_LGL. doc
WEST, 83.40 FEET; THENCE NORTH 51 °42'47" EAST, 10.04 FEET TO THE
POINT OF BEGINNING.
CONTAINING 517 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
END OF DESCRIPTION
CRAfVMATSUEDA, P.L.S. #6820 DATE
EXP ATION:09/30/04
Page 4 10/04/02
\\SRN1\VOL1\PROJECT\ATIA0000-1000 009\Atia-1000 009\Admin\Reports\LPA_LGL.doc
P
PROPOSED SPRINT
5' UTILITY EASEMENT 1
00
rc�':t)x
'
cp
00vzv
DETAIL PROPOSED SPRINT
SCALE: 1" = 10' \ c�h� ��5' TELEPHONE EASEMENT
i
II
PROPOSED SPRINT
5' UTILITY EASEMENT
SEE SHEET 6 FOR DETAIL ,
a
49�+
APN= 941 0102 001
CITY OF DUBLIN
SHANNON PARK
9.67 Ac.
/
/1
/
5N AVENUE
50' WIDE EASEMENT FOR ROADWAY,
STORM & SANITARY SEWER,
AND ALL PUBLIC UTILITY PURPOSES
PROPOSED SPRINT
LEASE PARCEL AREA
SEE DETAIL ABOVE
PROPOSED SPRINT
5' TELEPHONE EASEMENT
1 SEE SHEET 7 FOR DETAIL
1
DAV I D EVANS SPRINT LEASE PARCEL AREA
AND ASSOCIATES INC. NORTH WEST DUBLIN (SF36xcO22-A)
5000 EXECUTIVE PARKWAY, SUITE 125 11600 SHANNON AVENUE
O SAN RAMON, CALIFORNIA 94583 DUBLIN ALAMEDA COUNTY CALIFORNIA
TEL: (925) 867-3380
FAX: (925) 867-3388 TIA-1000-009 DRN. BY: CKM I CHK. BY: DATE: 1/08/02
PAGE 5 OF 7
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
C1
2.50'
70'42'48"
3.09'
C2
12.50'
16'04'25"
3.51'
C3
12.50'
42'52'23"
9.35'
C4
7.50'
62'42'30"
8.21'
C5
12.50'
28'43'43"
6.27'
C6
7.50'
26°25'52"
3.46'
C7
12.50'
26'25'52"
5.77'
C8
7.50'
28'43'43"
3.76'
C9
12.50'
62'42'30"
13.68'
C10
7.50'
42'52'23"
5.61'
C11
7.50'
1 16'04'25"
2.10'
C12
7.50'
1 70'42'48"
9.26'
PROPOSED
SPRINT
LEASE PARCEL AREA
SEE PACE 5 FOR
DETAIL
L5��,P.O.B�
r
r-
J) 1,CC4
�1>
PROPOSED SPRINT
r'
5' TELEPHONE EASEMENT
SEE PAGE 7 FOR DETAIL
,
z)
J/
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q)/
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fir,
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r
r
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Ion �Lo
PROPOSED SPRINT
--F--5' UTILITY EASEMENT
�J
-,�/ '::)/ APN: 941-0102-001
v
v/ CITY OF DUBLIN
9.67 Ac.
fi TELCO. VAULT.
J� �L l a
LINE TABLE
LINE
BEARING
LENGTH
L1
S51'42'47"W
3.08'
L2
S38°17'1 YE
5.00'
L3
S51'42'47"W
1.92'
L4
N38°17'13"W
6.77'
L5
S72'10'39"W
10.82'
L6
S01'27'51"W
26.19'
L7
S17'32'16"W
13.10'
L8
S60'24'39"W
14.63'
L9
S02°17'51 "E
27.67'
L10
S26'25'52"W
11.95'
L11
S00'00'00"E
7.14'
L12
N86'47'55"E
12.08'
L13
S03'08'14"E
12.97'
L14
S86'47'55"W
15.18'
L15
N12°28'33"W
12.10'
L16
N 00'00' 00"E
8.44'
L17
N26'25'52"E
11.95'
L18
NO2'17'51"W
27.67'
L19
N60'24'39"E
14.63'
L20
N17'32'16"E
13.10'
L21
N01 °27'51 "E
26.19'
L22
N72°10'39"E
14.29'
L23
S38°17'13"E
5.24'
cp
ELEC. VAULT.
I L14
SHANNON PARK COMMUNITY CENTER
DAVID EVANS
Q AND ASSOCIATES INC.
5000 EXECUTIVE PARKWAY, SUITE 125
O SAN RAMON, CALIFORNIA 94583
TEL: (925) 867-3380
FAX: (925) 867-3388
SPRINT 5' WIDE UTILITY EASEMENT
NORTH WEST DUBLIN (SF36xc022-A)
11600 SHANNON AVENUE
DUBLIN ALAMEDA COUNTY CALIFORNIA
TIA-1000-009 DRN. BY: CKM I CHK. BY: DATE: 1 /08/02
PAGE 6 OF 7
I
1
1
PROPOSED SPRINT 1 �
LEASE PARCEL 1 II
AREA 1
276 sgft. ,L 1
\F i R
o� P . 0. B . �_ 1 EASE�EN� FRR SEWER SES
, j S38°1713 E 1 *oE SpN1TP p�RPO
5.0 0' SANo lA R pU8�0 Ui��1N
\S51°42'47"W 1
10.04' 1
\ ] 1
V1 PROPOSED SPRINT
TELEPHONE EASEMENT
loo'51\7 SQ.FT. MORE OR LESS
PROPOSED SPRINT
5' UTILITY EASEMENT \ 1
\\ 11
SEE PAGE 6 FOR DETAIL \
\ 1
N71°35'16"E
cps \ \ 1 9.9 9
APN: 941-0102-001 -n, S18°24'44"E
CITY OF DUBLIN \\ � 5.00'
9.67 Ac. 1
35�0 1
DAVID EVANS SPRINT 5' WIDE TELEPHONE EASEMENT
AND ASSOCIATES IN-. NORTH WEST DUBLIN (SF36xc022-A)
5000 EXECUTIVE PARKWAY, SUITE 125 11600 SHANNON AVENUE
ONSAN RAMON, CALIFORNIA 94583 DUBLIN ALAMEDA COUNTY CALIFORNIA
TEL: (925) 867-3380
FAX: (925) 867-3388 TIA-1000-009 DRN. BY: CKM I CHK. BY: DATE: 10/03/02
PAGE 7 OF 7
SECOND AMENDMENT TO
PCS SITE AGREEMENT
THIS SECOND AMENDMENT TO PCS SITE AGREEMENT (the "Second
Amendment") is entered into this 171"' day of NoveW bG✓' , 2009, by and between THE
CITY OF DUBLIN, a municipal corporation, with a mailing address of 11600 Shannon Avenue,
Dublin, California (hereinafter referred to as "Lessor" or "Owner") and STC FIVE LLC, a
Delaware limited liability company, by and through its Attorney In Fact, Global Signal
Acquisitions III LLC, a Delaware limited liability company, with its principal offices located at
2000 Corporate Drive, Canonsburg, Pennsylvania 15317 (hereinafter referred to as "Lessee" or
"SSLP").
RECITALS
WHEREAS, Lessor and Sprint Spectrum L.P., a Delaware limited partnership ("Original
Lessee") entered into a PCS Site Agreement dated November 6, 2001 (the "Original
Agreement") whereby Original Lessee leased certain real property, together with access and
utility easements, located in Alameda County, California from Lessor (the "Site"), all located
within certain real property owned by Lessor ("Lessor's Property"); and
WHEREAS, the Original Agreement was amended by that certain undated First
Amendment to PCS Site Agreement dated February 6, 2004 (hereinafter the Original Agreement
and all subsequent amendments are collectively referred to as the "Agreement"); and
WHEREAS, STC Five LLC is currently the Lessee under the Agreement as successor in
interest to the Original Lessee; and
WHEREAS, Lessor and Lessee desire to amend the Agreement on the terms and
conditions contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Lessor and Lessee agree as follows:
Site Name: Dublin 1
Business Unit #: 880499
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in
the Agreement.
2. Consent to Global Signal Sublease. The parties acknowledge that pursuant to a
sublease (the "Sublease"), Lessee will sublease its entire interest in the Agreement to Global
Signal Acquisitions III LLC ("GSA") and GSA will then lease back to Lessee (and/or one or
more of its affiliates) a portion of the Site (collectively, the "Lease and Lease Back
Transactions"). In consideration for the Rent Adjustment and Payment reflected in sections 3
and 4 of this Amendment, Lessor hereby consents to the Lease and Lease Back Transactions and
further acknowledges that it will require no additional payments under the Agreement for the
Lease and Lease Back Transactions or otherwise in connection with the above consents.
3. Rent Adjustment. Effective upon full execution of this Second Amendment, the
monthly rent shall increase by an amount equal to One Hundred Dollars and 0/100 Dollars
($100.00/month). Following such increase, the monthly rent shall continue to adjust pursuant to
the terms of the Lease. Upon full execution, the parties agree the Base Rent due monthly will be
$1,335.85, and, on July 1, 2010, the Base Rent would be adjusted upward a minimum of 3%
pursuant to the terms of subdivision (b) of section 3 of the Agreement.
4. Consideration. In consideration for amending the Agreement, Lessee will pay
Lessor Six Thousand and 00/100 Dollars ($6,000.00) within sixty days of full execution of this
Second Amendment.
5. Ratification.
(a) Lessor and Lessee agree that Lessee is the current Lessee under the
Agreement, the Agreement is in full force and effect, as it may have been previously amended
and as amended herein, and the Agreement contains the entire agreement between Lessor and
Lessee with respect to the Site.
(b) Lessor and Lessee agree that any and all actions or inactions that have
occurred or should have occurred prior to the date of this Second Amendment are approved and
Site Name: Dublin 2
Business Unit #: 880499
ratified by the parties and the parties agree that no breaches or defaults exist as of the date of this
Second Amendment.
(c) Lessor represents and warrants that Lessor is duly authorized and has the
full power, right and authority to enter into this Second Amendment and to perform all of its
obligations under the Agreement as amended.
6. Notices. Lessee's notice address as stated in Section 6 of the Agreement is
amended as follows:
LESSEE'S PRIMARY CONTACT STC Five LLC
c/o Crown Castle USA Inc.
E. Blake Hawk, General Counsel
Attn: Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
7. Remainder of Agreement Unaffected. The balance of the Agreement is hereby
amended to reflect the purpose of this Second Amendment. The parties hereto acknowledge that
except as expressly modified hereby, the Agreement remains unmodified and in full force and
effect. In the event of any conflict or inconsistency between the terms of this Second
Amendment and the Agreement, the terms of this Second Amendment shall control. Unless
otherwise expressly defined herein, the terms in this Second Amendment shall have the same
meanings assigned to such terms in the Agreement. This Second Amendment may be executed
simultaneously or in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
[Signature pages follow]
Site Name: Dublin 3
Business Unit #: 880499
This Second Amendment is executed by Lessor as of the date first written above.
LESSOR:
CITY OF DUBLIN, a municipal corporation
By: . ; Da _U &
Print a e: �aUi -' 1 0
1 e:
[Lessee Execution Page Follows]
Site Name: Dublin 4
Business Unit #: 880499
This Second Amendment is executed by Lessee as of the date first written above.
LESSEE:
STC FIVE LLC, a Delaware limited liability
company
By: Global Signal Acquisitions III LLC, a
Delaware limited liability company
Its: Attorney In Fact
By:`u
Print Name:
Title:
1310274.1
Site Name: Dublin
Business Unit #: 880499