HomeMy WebLinkAboutItem 4.11 SprintPCS@ShannonAgmt CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 6, 2001
SUBJECT:
Site Agreement for Sprint PCS Facility at Shannon Park
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1) Memorandum of Agreement
2) PCS Site Agreement
RECOMMENDATION~.~N'*~Approve and authorize Mayor to execute Agreement
FINANCIAL STATEMENT: See discussion below
DESCRIPTION: At the October 2, 2001 meeting of the Dublin City Council, the
Council approved the Site Development Review for the Sprint PCS Telecommunication Facility at
Shannon Park.
Attachment 1 is the Site Agreement for the Sprint PCS Facility at Shannon Park. The Agreement outlines
the obligations of Sprint and the City. Under the terms of the Agreement, Sprint shall use the site for the
purpose of installing and operating a personal communications service system facility at Shannon Park.
The telecommunication facility would be located within a light standard and would attain a maximum
height of 30-feet above grade (the light pole would match the existing light standards used in the park and
would measure 6-3/4" in diameter and would be 25'-3" high, while the antenna would be the same
diameter and would add an additional 4'-9" in height to the top of the pole). Additional construction
would include a 230 square foot accessory structure that would attain a maximum height of 10'-6" above
grade and would contain a battery back up, air conditioning, etc. A new trash enclosure adjacent to the
telecommunication facility would also be constructed and new landscaping would be installed.
The term of the Agreement is five years and would automatically be renewed for three additional terms of
five years. Upon signing of the Agreement, the City would receive a one-time aggregate payment of $100.
Following issuance of building permits, commencement of construction or JulY 1, 2002 (whichever is
first) the City would receive $1,000 per month. On July 1 of each subsequent year, the rent would be
increased by the percentage change that occurred in the Consumer Price Index (CPI) during the preceding
twelve months. However, in no event shall the rent resulting from the annual CPI adjustment increase by
less than 3%.
The City Attorney has reviewed and approved the terms of the Agreement. It is the 'recommendation of
Staff that the CitY Council approve the Agreement for the Sprint PCS Facility at Shannon Park and
authorize the Mayor to execute the Agreement.
F:Xsprint\cc 11-6-01 sprint lease.doc
COPIES TO: Sprint
ITEM
No. j
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
2001, by and between CITY OF DUBLIN, .a municipal corporation ("Owner") and SPRIN~
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
conditions of the unrecorded PCS Site Agreement by and between Owner and SSLP dated
,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: SPR/IAWT SPECTRUM L.P.,
a Delaw e limited partne i
Edward E. Regua
Title: Regional Director of Sit~
Development
OWNER: City of Dublin, a Municipal
Corporation
By:
Print Name:
Its: Mayor
ACKNOWLEDGMENTS ATTACHED
G:\CLIENTSUSBX3PRIN~No 'thern Californ a\Docs~SF 36 X'" )22(A Memo o: ~,gt w
October 30, 200I ' ~- ' ' ' '" ~' '
ATTACHME~ i
STATE OF CALIFORNIA
COUNTY OF
On this ~l~day of
a Notary Public in and
)
,2001, before me,
for said State
and County, personally appeared
, personally known to me (or
proved to me on'he 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&er/their authorized capacity(les), and that by his&er/their signature (s) on the instrument the
person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
Witness my hand and official seal
Notary Public in and'fol/~aid State and County
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On this __ day of , 2001, before me, ., a
Notary Public in and for said State and County, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
Notary Public in and for said State and County
80480220
Page 3
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/5!425;
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 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 71 ° 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 Superv'isors 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 use of or extra, c.tion of water from
CLTA Preliminary Report Form
80480220
Page 4
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 A_ugust 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 tine (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 description.
Assessor's Parcel Number: 941~0102-001
CI.TA Preliminary Renor~ Form
April 1999
PCS SITE AGREEMENT
Page 1 of 6
Site Name: Northwest Dublin
Site I.D. No.: SF-36-XC-022fAI
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
CSSLP"), the site described below:
Land consisting of approximately 300 square feet, upon
wlhich SSLP witl 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"), !ncluding, 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. SSLPwarrants that the
noise from the PCS shatl 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.
(d) Owner agrees to permit SSLP 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
instalIments of One Thousand Doltars ($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-San Jose Metropolitan
Statistical Area during the preceding twelve (12) months. The
Base Rent adjustment shalt 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
G:\CLIENTSUSBkSPRINT~Northern Califomia\Docs~SF-36-XC-.022(A)',PCS Site Agt.4.wpd
October 30. 2(]01
ATTACHMENT 2
April 1999
PCS SITE AGREEMENT
Page 2 of 6
Site Name: Northwest Dublin
as of the calendar month fourteen (14) full months prior to the
applicable adjustment date. In no event shall rent resulting from
an annual CPI adjustment increase by less then three percent (3 %).
Owner shall promptly notify SSLP of each rent adjustment, in
writing. If the Index is discontinued or revised, such other
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 wilt 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 wilt 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 Ouiet 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;
providedl 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.
Site I.D. No.: SF-36-XC-022{A}
delayed or conditioned; provided, however, SSLP shall have the
right, without Owner's consent, to Transfer this Agreement or all
or any portion of the Site to any of its subsidiaries, affiliates or
successor legal entities or to any entity acquiring substantially all
of the assets of SSLP ("Permitted Transfers").
(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 Doltars
($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
5. Assignment/Subletting. SSLP will not Transfer this Agreement the purpose of this Section, "bonus rent" shall mean (i) in the event
or all 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, or (ii) in the event of an
G:\CLIENTS~JSB\SPRIN~Northern California\Docs\SF-36-XC~022(A)\PCS Site A~t.4,wpd
October 30~ 2001
April 1999
PCS SITE AGREEMENT
Page 3 of 6
Site Name: Northwest Dublin
assignment or sublease where SSLP no longer occupies the Site,
the recurring rent received by SSLP from the transferee that is in
excess of the Base Rent payable under this Agreement. In no event
shall bonus rent be deemed to include consideration or other
payments received by SSLP as reimbursement for SSLP's
development costs actually incurred by SSLP to lease, permit and
constructthe Site or payment made to purchase SSLP's equipment
located at the Site, provided that upon any such Transfer SSLP
shall provide Owner a written and reasonably detailed summary
and breakdown of the development and equipment costs recovered
by SSLP and the amount of the rent being paid by the transferee.
$. Notices. Alt 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.
?. 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
Site I.D. No.: SF-36-XC-022/At
regulations. Prior to commencing construction of any
improvement, alteration, modification, or construction on or about
the Site, SSLP shat1 first obtain Owner's written approval of SSLP's
plans and specifications for such work, which approval shall not be
unreasonably withheld. Any improvements, modifications,
alterations, or construction by SSLP shall be constructed in strict
conformity with such approved plans and specifications. Title to
all improvements placed on the Site by SSLP shall be held by SSLP
and all of the improvements shall remain the property of SSLP and
shall not be deemed to be fixtures.
(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 l~ep[acement 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
G:\CLIENTS\JSB~SPRINT\Northern California\Docs\SF-36-XC-022(A)\PCS Site Agt 4.wpd
October 30. 2001
April 1999
PCS, SITE AGREEMENT
Page 4 of 6
, Site Name: Northwest Dublin
to comply with applicable laws includes the obligation to comply
with all present and future laws, statutes, ordinances, regulations
and rules promulgated by governmental authorities with
jurisdiction over the regulation of the allowable presence and/or
exposure to electro-magnetic fields C'EMFs") and radio frequency
("RF") radiation, to the extent that EMF/RF presence or exposure
results from the operation of SSLP's equipment at the Site.
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
permitor suffer the installation of any future equipment which (a)
resultsin 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 ifSSLP 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.
lZ. Defaul.t. 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
Site I.D. No.: SF-a6-XC-022{A}
respect to a default which may not becured solely by the payment
of money, then, in either event, the non-defaulting party may
pursue any remedies availalsle to it against the defaulting party
under applicable law, including, but not limited to, the right to
terminate this Agreement. If the non-monetary default may not
reasonably be cured within a thirty (30) day' period, this
Agreement may not be terminated if the defaulting party
commences action to cure the default within such thirty day period
and proceeds with due diligence to futly cure the default.
13. Indemnity. 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 alt 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, untess 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 shalt include damages, costs and expenses incurred in
G:\CLIENTS~ISB\SPRINT\Northern California\DocslSF-36-XC-022(A)~PCS Site Ag.4.wpd
October 30,200I
April 1999
PCS SITE AGREEMENT
Page 5 of 6
Site Name: Northwest Dublin
connection with any investigation, cleanup, remediation,
monitoring, removal or restoration related to the presence of any
substance. These indemnity obligations shalt survive the
expiration or termination of this lease.
15. Subordination/Non-disturbance. This Agreement is
subordinate to any lien, mortgage or deed of trust now of record
against the Property. However, promptly after this Agreement is
fully executed, Owner will use diligent efforts to obtain a non-
disturbance agreement reasonably acceptable to SSLP from the
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 shaltbe solely liable for and shalt pay and discharge
prior to delinquency any possessory interest tax that may be levied
as a result of SSLP's posiessory interest created pursuant to this
Agreement.
17. Insurance.
'Site I.D. No.: SF-36-XC-0221A}
(c) Owner and Owner's agents, e]ected officials,
officers, employees, representatives, contractors, consultants, and
volunteers, as their interests may appear, shall be covered as
additional insureds with respect to each of the following: liability
arising out of activities performed by or on behalf of SSLP,
including any supervision of SSLP by an additional insured,
premises owned, occupied or used by SSLP, and automobiles
owned, leased or used by SSLP. The coverage shall contain no
special limitations on the scope of protections afforded to Owner
or Owner's officers, employees, agents or volunteers
(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 prima~3~ 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 toss 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.
(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 Mitlion 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 generalliability coverage shall be at
least as broad as Insurance Services Office Commercial General
Liability occurrence form CG 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.
(iii) An endorsementshallstate that coverage
shall not be suspended, voided, canceted 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 promptty 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
G:\CL[ENTS~JSB\SPRINT~Northem Califomia'xDocs\SF-36-XC~022 (A)\PCS Site Agt.4.wpd
October 30, 2001
PCS SITE AGREEMENT
Page 6 of 6
Site Name: Northwest Dublin
contemplated under Section 7 of this Agreement), except for
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 bem, een 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 witl 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.
The following Exhibits are attached to and made a part of this
Agreement: Exhibit A, B and C.
Site I.D. No.: SF-36-XC-0221A}
OWNER: City of Dublin, a Municipal Corporation
By:
Print Name:
Its:
S.S./Tax No.:
Address:
Phone:
Mayor
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
(925) 833-6650
Dated: 2001
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
SSLP: SPIi,~T SPECTRUM L.P.
Its: g' ' C o o S' De tv~ment
Dated:°_ .... 200
G:\CLIENTSSJSB\SPRIN'D,Northern Califomia\Docs\SF-35-XC-022 (A)\PCS Site Agt.4.wpd
October 30, 2001
EXHIBIT A
to
PCS SITE AGREEMENT
DESCRIPTION OF OWNER'S PROPERTY
Site Name: Northwest Dublin
Description of Owner's Property:
Site I.D. No.: SF-36-XC-022(A)
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
80480220
Page 3
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 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 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 71 ° 13' West 121.95 feet;
thence along the are 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/t61891.
Excepting therefrom alt water rights, including the right to use subterranean waters together
with any pipes, wells or other equipment relating to the use of or extraction of water from
CLTA Preliminary Report Forrn
80480220
Page 4
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 A~ugust 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 Pat:cel
(2i91/417); 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. 2I 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 description.
Assessor's Parcel Number: 941-0102-001
CLTA Preliminary. Report Form
Site Name: Northwest Dublin
EXHIBITB
to
PCS 'SITE AGREEMENT
DESCRIPTION OF SSLP'S SITE,
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 shah be deemed a part of this Agreement and
shall be binding on Owner and SSLP.
Owner Initials
SSLP Initials
Sprint
Sprint PCS s~
NORTHWEST DUBLIN
SF36xc022A
11600 SHANNON AVE.,
DUBLIN, CA 94568
PROJECT DESCRIPTION
CODE COMPLIANCE
APPLICANT/LESSEE_
PROPERTY JNFORMATION
L PROJECT SUMMARY
_SURVEY_OR,
ARC~ITEC~
STRU~C~T[~RAL ENGINEER,
ELECTF~CAL_ ENGINEER,
PRSJECT TEAM
NORTHWEST DUBLIN
SF36xcO22-A
.S3 smuc~
S4 sY~vcx,.,~.~
SHEET NDEX ZONING
I DO NOT SCALE DRAWINGS ..
GENERAL CONTRACTOR NOTES'
CONSTRUCTION
I
PREPARED
TITLE SHEET
LEASE PARCEL AREA
LIGHT POLE DETAIL
OVERALL SITE PLAN
PRoJEcT AREA LEGAL DESCRIPTION
DESCRIPTION OF EASEMEHT(S}
PROPERTY LEGAL D~=SCRIPTION
APN 941-0102-001
ENLARGED StTF PLAN
SURVEYOR'S STATEMENT
VICiNiTY MAP
SITEDATA
FEMA FkOOD ZONE INFORMATIQN
NORTH WEST DUBLIN
SF38xc022 A
GENERALNOTES
LEGEND
SiTE SURVEY
GENERAL iNFORMATiON
LS1
SF36xcO22-A i '
t16oo SHANNON AYE.
DUBLIN, CA 945E5
~.LAM[DA ~OUN'P¢
ros/28/o~,
f
SITE PL&N j]
'?~ DUMPSTER SCREEN ISOMETRIC
I
.~-~-,,~~ LIGHT POLE ELEVATION
& i°~/2s''':'' !~%%%%%%;P~ l'-~
it o..-'-~ i
-: ~-------4'
J LIGHT POLE ELEVATION Il
I ANTENNA LAYOUT jj
J
,..3.j SOUTHWEST ELEVATION
~ORTHEAS'T ELEVATION
ELEVATION
NORTHWEST ELEVATION
SF86xcO22-A J !
03/28/01
-ISSUED FOR:
CONSTRUCT ON J
=CONSULTANT:---- "~
SHELTER ~jJ
ELEVATIONS . j
J
EXHIBIT C
to
PCS SITE AGREEMENT
MEMORANDUM OF PCS SITE AGREEMENT
Site Name: Northwest Dublin Site LD. 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.,
a Delaware limited partnership
By:
Edward E. Regua
Title: Regional Director of Site Development
Address: 4683 Chabot Drive, Suite 100
Pleasanton, California 94588
Owner:
By:
Title:
Address:
[FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION]
Owner Initials
SSLP Initials