HomeMy WebLinkAboutCC RESO 2010-178RESOLUTION NO. 2010 — 178
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO A SUBLEASE BY AT&T TO CLEARWIRE WIRELESS
FOR A PORTION OF THE LEASED PREMISES AT EL TOYON PARK
USED FOR A CELLULAR WIRELESS ANTENNA FACILITY
WHEREAS, in December, 1999, the City entered into a five-year Lease with
GTE Wireless of the Pacific for a portion of El Toyon Park under which GTE would install and
maintain a cellular wireless antenna facility, consisting of an equipment shelter and antennas
mounted on an existing stadium light pole. AT&T, the successor of GTE, is currently in the
second five-year term of the Lease, which provides for four automatic five-year extensions after
the initial Lease term of five years; and
WHEREAS, AT&T has requested that it be allowed to sublease a portion of the
Leased Premises to Clearwire Wireless to enable Clearwire to install an equipment shelter, as
well as co -locating antenna equipment on the existing light pole. Section 31 (a) of the Lease
provides that the Tenant (AT&T) may not sublease the Leased Premises without the prior
written consent of the Landlord (the City); and
WHEREAS, the Planning Division has reviewed the site plan for the proposed
sublessee's facilities, and has recommended the following as conditions of approval of the
sublease:
• AT&T shall satisfy all lease requirements as determined by the City Attorney's Office.
• A building permit will be required to be submitted and approved.
• A photo simulation was previously provided by Clearwire showing the preferred location
of the equipment. This is where the shelter shall be located. A pitched roof shall be
incorporated into the design so that the shelter matches the adjacent shelter. The
materials shall be the same material, texture, and color as the adjacent shelter.
• The pole shall be painted using non -reflective paint, and shall match the other light poles
in El Toyon Park (dark brown).
• All wiring between the antennas and equipment shelter shall be placed within the pole
and/or underground.
NOW, THEREFORE, BE IT RESOLVED that subject to the conditions set forth
hereinabove, the City Council of the City of National City hereby consents to a sublease by
AT&T to Clearwire Wireless for a portion of the leased premises at El Toyon Park used for a
cellular wireless antenna facility.
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Resolution No. 2010 — 178
Page Two
PASSED and ADOPTED this 3rd day of August, 2010.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, ty Clerk
PPROVE P AS TO FORM:
laudia f•ilva, Esq.
City Attor
Passed and adopted by the Council of the City of National City, California, on August 3,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
%1
CI rk of the City of N�
City tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-178 of the City of National City, California, passed and
adopted by the Council of said City on August 3, 2010.
City Clerk of the City of National City, California
By:
Deputy