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HomeMy WebLinkAbout1999 CON GTE Wireless - LeaseFrom the Office of the City Attorney GEORGE H. EISER, III 1243 National City Boulevard National City, CA 91950-4301 Phone (619) 336-4220 Fax (619) 336-4327 AGREEMENT—CONTRACT—MOU INFORMATION SUMMARY TO: CITY CLERK'S OFFICE FOR DECEMBER 14.1999 RESOLUTION NO.: 99-193 DEPARTMENT: City Attorney and Parks and Recreation COMPANY: GTE Wireless of the Pacific DESCRIPTION: Lease Agreement for a portion of El Toyon Park for the maintenance of a wireless communication equipment facility TERM%: The term of this Lease shall be five (5) years, commencing on December 15, 1999. (The "Commencement Date") and ending December 14, 2004. COST: Tenant shall pay Landlord as annual initial rent for the Leased Premises the sum of $ 25,000.00 ("Rent"). Tenant shall pay Landlord Rent for the first year on the Commencement Date. Tenant shall pay Landlord Rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. Beginning with the third anniversary of the Commencement Date, Tenant shall pay Landlord as annual rent an amount equal to the greater of (1) the previous year's rent, adjusted upward by five percent (5%) or (2) the fair Market Value of the ground lease for a similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by Landlord and subject to Tenant's reasonable approval. ADDITIONAL COMMENTS: Trr► mm7 4e rr'ttur t 4 &rig for 4' sutrrss/,c S- yr. Pi Reviewed by City Attorney (initials) t PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 IO AND WHEN RECORDED MAIL, TO: CITY CLERK OF NATIONAL CITY VVtt 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 2000 9 : 0 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE iGREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 DC: NA INNS SPACE FOR RECORDERS USE ONLY LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GTE WIRELESS OF THE PACIFIC, INCORPORATED (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 6/94 Rec.Form /R25 LEASE AGREEMENT This Lease Agreement ("T e:►se") is entered into this 14th day of December , 1999, by and between the City of National City ("Landlord") and GTE Wireless of the Pacific, a Delaware corporation ("Tenant"). '%7...acorzrAA-c:5Q1 RECITALS ,�/r 12/99 A. Landlord is the owner of the real property known as "El Toyon Park" ("Landlord's Property") located in the City of National City, San Diego County, State of California. B. Tenant desires to lease a portion of El Toyon Park for the installation and operation of an equipment room and certain antenna facilities (collectively, "Antennae Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of El Toyon Park consisting of the space shown on the Location Map attached hereto as Exhibit A and incorporated herein by reference. A legal description of the leased premises is attached hereto as Exhibit B and incorporated herein by reference. Said leased premises are referred to herein as "Leased Premises." Tenant intends to locate its Antennae Facilities on the Leased Premises, which facilities include installation of a freestanding monopole, which is to replace an existing lightstand. A site plan is attached hereto as Exhibit C. Tenant may not add additional equipment and/or antenna from that authorized by National City City Council Resolution No. 98-109, which is attached hereto as Exhibit D. Landlord reserves the right to require Tenant to relocate its Antennae Facilities to another location on Landlord's Property at Landlord's expense, so long as the other location provides radio receipt and transmission equivalent to the Leased Premises. Tenant shall complete the relocation of its Antenna Facilities within six months after written notice from Landlord. This Lease is not a franchise pursuant to Chapter 6.10 of the National City Municipal Code or is it a permit to use the rights -of -way under Chapter 13.12 of the National City Municipal Code. Any such franchise or permit must be obtained separately from Landlord. 1 GTE Lease Agreement El Toyon Park 12/99 2. Term. The term of this Lease shall be five (5) years, commencing on December 15, 1999. (The "Commencement Date") and ending December 14, 2004. Provided that Tenant is not in breach of any of the provisions of this Lease, Tenant may extend the initial term of this Lease for four (4) successive five (5) year terms, upon giving Landlord 90 (ninety) days' prior written notice of its intention to extend. If this lease is terminated by the Landlord based on any of the grounds specified in Section 17 of this Lease, the termination shall be effective thirty (30) calendar days from the date of delivery of the notice of termination if Tenant, within such thirty (30) day period, has not cured such default. If this T --ace is terminated by Tenant based on any of the grounds specified in Section 17 of this Lease, such termination shall be effective no sooner than thirty (30) days from delivery of written notice from Tenant to Landlord. 3. Rent. a. Tenant shall pay Landlord as annual initial rent for the Leased Premises the sum of $ 25,000.00 ("Rent"). Tenant shall pay Landlord Rent for the first year on the Commencement Date. Tenant shall pay Landlord Rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. Beginning with the third anniversary of the Commencement Date, Tenant shall pay Landlord as annual rent an amount equal to the greater of (1) the previous year's rent, adjusted upward by five percent (5%) or (2) the fair Market Value of the ground lease for a similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by Landlord and subject to Tenant's reasonable approval. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. If this Lease is terminated by Tenant at a time other than on the last day of the year, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent or other breach of this lease by Tenant, the balance of all prepaid Rents shall be refunded to the Tenant. d. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold improvements from the Leased Premises on or before the date of termination, and shall repair any damage to the Leased Premises caused by such equipment, normal wear and tear excepted, and shall reinstall or replace with 2 GTE Lease Agreement El Toyon Park 12/99 a comparable substitute the existing lightstand; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by Tenant within (30) days of the termination of the Lease term shall become the property of Landlord. Any such property or facilities which are not removed by Tenant within thirty (30) days of the termination of the Lease may, at Landlord's option, be removed by Landlord within sixty (60) days of termination of the Lease at Tenant's expense, with Tenant reimbursing Landlord for the costs of removal within thirty (30) days after such costs are incurred by Landlord. e. Tenant shall reimburse Landlord for its reasonable costs and expenses, including legal fees, incurred by Landlord in connection with the negotiation of this Lease, all as additional Rent, payable upon execution of this Lease. The reasonable costs and expenses shall not exceed $1,000. 4. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Tenant's possessory interest in the leased premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the installation, operation and maintenance of it's Antennae Facilities for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. In its use of the Leased Premises, Tenant shall at all times remain in compliance with National City City Council Resolution No. 98-109. Landlord reserves the right to enter into agreements with other parties, including, but not limited to, wireless communication carriers (hereinafter "Carrier") for use of Landlord's Property. In the event that an additional Carrier is licensed to use any site on Landlord's Property, it shall be the new Carrier's responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (FCC) and that its use of Landlord's Property does not interfere with Tenant's use of the Leased Premises. Landlord shall include a provision in any agreement with a new Carrier which provides that installation and use of its communication equipment shall not interfere with Tenant's use and operation of its communication system. The new Carrier will provide the Landlord and Tenant with a certified evaluation prepared by a telecommunications engineer that its antennae and other facilities will not interfere with Tenant's existing antennae or proposed antennae or other facilities. 3 GTE. Lease Agreement El Toyon Park 12/99 b. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the Carrier's installation will interfere with Tenant's Antennae Facilities. If Tenant determines that the Carrier's installation will interfere with Tenant's Antennae Facilities, then Tenant must notify the Landlord in writing of its findings no later than twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to Landlord. If Landlord accepts those findings, then the Carrier cannot proceed with its installation unless and until it can satisfy Tenant that the proposed installation will not interfere with Tenant's Antennae Facilities. If Landlord disagrees with Tenant's findings, then Landlord and Tenant shall hire a mutually agreed upon independent telecommunications engineer to evaluate the potential interference problems, the cost to be borne equally by Landlord and Tenant. If that independent engineer determines that the proposed installation will not interfere with Tenant's Antennae Facilities, then the Carrier may proceed with its installation. However, if the independent engineer determines that the proposed installation will interfere with Tenant's Antennae Facilities, then the Carrier cannot proceed with its installation unless and until it can satisfy the independent engineer that the proposed installation will not interfere with Tenant's Antennae Facilities. c. Tenant shall not deny Carrier the ability to co -locate the Carrier's transmitting/receiving equipment, and antennae facilities within and upon Tenant's installed facilities as provided in condition number 9 of the approved Conditional Use Permit of National City City Council Resolution No. 98-109, pursuant to the following conditions: In addition to the requirements set forth above in Section 5a, Carrier shall provide Landlord and Tenant with a certified evaluation prepared by a structural engineer finding that the installed facilities can support the additional installation. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the installed facilities can support the additional equipment. If Tenant determines that the installed facilities cannot support the additional installation, then Tenant must notify the Landlord in writing of its findings no later than twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to Landlord and Tenant shall hire a mutually agreed upon qualified engineer to evaluate whether the installed facilities can support the additional installation, the cost to be borne equally by Landlord and Tenant. If that engineer determines that the installed facilities will support the additional installation, then the Carrier may proceed with its installation. However, if the independent engineer determines that the installed facilities cannot support the additional installation, then the Carrier cannot proceed with its installation unless and until it can satisfy the engineer that the installed facilities can support the additional installation. Once it has been determined that the installed facilities can support the additional installation and that the installation will not interfere with Tenant's Antennae Facilities as set forth in section 5a, then Carrier shall execute a sublease 4 GTE Lease Agreement El Toyon Park 12/99 agreement with Tenant setting forth the rights, duties and obligations of each party, including the rights, duties and obligations of each party with respect to interference with the communication equipment of the other party, access to each party's equipment and maintenance and repair of each party's equipment. d. In the event that any equipment installed pursuant to any future agreements for the installation of communication/radio equipment on Landlord's Property, other than any equipment installed on Tenant's installed facilities, does cause interference with Tenant's Antenna Facilities, then Tenant shall provide 30 days' written notice to Landlord of this interference. Landlord shall have 10 days' written notice to eliminate such interference. If such interference is not eliminated, then Tenant shall have the right to terminate this Lease. e. Tenant shall exercise due diligence in utilizing the Leased Premises as to not interfere with utilisation of the remainder of Landlord's Property by Landlord, and Tenant agrees to comply with any rules and regulations that Landlord may promulgate at any time in reference to utilization of Landlord's Property so long as those rules do not unreasonably interfere with Tenant's rights to operate its communication system. It is understood by Tenant that the Landlord's Property is used by Landlord as a Park and Baseball Field and that it is necessary to maintain adequate security at all times for the primary utilization of the Landlord's Property by Landlord. 6. Construction Standards. The Antennae Facilities shall be installed on the Leased Premises in a good and workmanlike manner without the attachment of any construction liens. Landlord will require Tenant to paint the Antennae Facilities in conformance with approved Conditional Use Permit (CUP) No. 1998-4 so as to blend in with the surroundings. If not specified in CUP 1998-4, Tenant will paint in a color specified by Landlord and otherwise shield the Antennae Facilities from view as required by said CUP. 7. Installation of Equipment. a. Prior to commencing construction, Tenant shall obtain a Building Permit from the National City Department of Building and Safety and a Construction Permit from the National City Engineering Department for street improvements, grading or retaining walls, if required. Tenant shall pay the normal costs for all permits and shall bond for the required street improvements, grading or retaining walls, if any. Tenant shall verify that the soil bearing capacity of the proposed site will support the Antennae Facilities, its ancillary structures and equipment. Tenant shall obtain the Landlord's prior written approval of the Construction Drawings for any of Tenant's improvements or site preparations before commencing such activities and shall be responsible for any environmental review and remediation relating to such improvements or site preparations subject to Landlord's approval. All 5 GTE Lease Agreement El Toyon Park 12/99 improvements shall be constructed by Tenant, at Tenant's sole cost and expense. Landlord may condition its approval on Tenant taking steps reasonably necessary to protect Landlord's property and to comply with all conditions of Conditional Use Permit CUP 1998-4, as approved by National City City Council Resolution No. 98-109. Improvement of the site shall be at Tenant's sole expense, including any structural reinforcement necessary to support Tenant's equipment, and Tenant shall maintain the Leased Premises throughout the term in good and safe condition, free of litter or other items relating to Tenant's use, and so as not to create unsafe conditions or an interference with access for any Tenants or other parties, and with all visible areas maintained in a condition at least equal to that of the other facilities on the Property. b. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Property, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Antennae Facilities as described on Exhibit C. Antennae size shall be limited to dimensions shown on the plans approved by Landlord, pursuant to CUP 1998-4, as approved by National City City Council Resolution No. 98-109. c. Tenant's installation of all such Antennae Facilities shall be done according to plans approved by Landlord. Any damage done to the Leased Premises during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. In connection with the installation and operation of the Antennae Facilities, Tenant shall not locate or attach any antennae on other equipment to the Leased Premises without an approved Building Permit from and the written approval of the Director of Building and Safety or his designee. The installation methods for attaching antennas or other equipment to the Tenant's installations, facilities or equipment must be done in manner that poses no threat of damage or injury to other City property or users of the Property. Tenant shall pay all costs and expenses in relation to maintaining the integrity of Landlord's property in connection with Tenant's installation and operations of the Antennae Facilities. Tenant shall install temporary fencing upon the leased premises during such times as the installation or removal of the Antennae Facilities is taking place, and shall remove such temporary fencing upon the completion of installation or removal, all at Tenant's sole cost and expense. d. Within thirty (30) days after the Commencement Date, Tenant shall provide Landlord with as -built drawings of the Antennae Facilities and the improvements installed on the Leased Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antennae Facilities. 6 GTE. Lease Agreement El Toyon Park e. Tenant shall provide Landlord with copies of all tests, reports, and records pertaining to the equipment, which are conducted by or on behalf of Tenant within 30 days after finalization of each test, record, or report. f. Any change to Tenant's approved antennae type, number of antennas, antennae location and/or change in transmitter type and power output shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC, and/or the California Public Utilities Commission (CPUC). g. Each and every contractor, subcontractor and/or supplier shall have or obtain a current National City Business License. The Business License is not required of any sub -contractor or supplier who delivers material and/or equipment with the Tenant's contractor's, or sub -contractor's vehicle or with a common carrier. 8. Equipment Upgrade. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied, provided that (1) the replacement facilities are not materially greater in number or size than the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 1998-4, as approved by National City City Council Resolution 98-109. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance and Operations. a. Tenant shall, at its own expense, maintain, the Leased Premises in a safe condition; and in good repair so as not to conflict with the use of or leasing of the remainder of Landlord's Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antennae Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Leased Premises free of graffiti, debris and anything of a dangerous, noxious or offensive nature or which create a hazard or undue vibration, heat, noise or interference. d. In the event Landlord or another tenant of Landlord's undertakes painting, construction or other alterations in the vicinity of the Leased Property, upon receipt of written notice at leased five (5) business days in ,advance of the painting, construction or other alterations, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or 12/99 7 GTE Lease Agreement El Toyon Park 12/99 Antennae Facilities and protect such from paint and debris fallout which may occur during the painting, construction or alteration process. 10. Premises Access. a. Tenant is hereby given and granted a license for ingress and egress to the Leased Premises over, upon, and across adjoining lands and easements owned by Landlord as may be required for the purpose of erection, installation, maintenance and removal of Tenant's Antennae Facilities (the "Access Easement"). Such license shall be over existing roads. b. Upon prior written approval of Landlord, Landlord agrees to grant to Tenant or to such Utility Companies which Tenant shall designate, an Encroachment Permit for such utilities as Tenant deems necessary to serve the Leased Premises. Said Encroachment Permit shall be for the installation and maintenance of necessary utilities from the point of the connection with the Utility Companies' distribution network to Tenant's facilities. The Encroachment Permit shall be over, under or across such portion of Landlord's Property as is reasonably necessary for the installation, maintenance and/or repair of such utility services, provided that such access does not materially interfere with Landlord's normal use of Landlord's Property, and provided further that it shall be consistent: with the plans approved by National City City Council Resolution No. 98-109. c. Landlord will have access to the Leased Premises at all times and may examine and inspect the Tenant's facilities for safety reasons or to ensure that the Tenant's covenants are being met. 11. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated herein. 12. Permits and Business License Fees. Tenants shall pay, as they 'become due and payable, all business license taxes, fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Leased Premises. 13. Approvals —Compliance with Laws. Tenant's use of the Leased Premises is contingent upon its obtaining certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae Facilities in accordance with site standards, statutes, ordinances, the provisions of CUP 1998-4, as approved by National City City Council Resolution No. 98-109, and the rules and regulations now in effect or that may be issued thereafter by the FCC, or any other governing bodies. 8 GTE Lease Agreement El Toyon Park 12/99 14. Interference. Tenant's installation, operation and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's operations or related reps.:: and maintenance activities on the remainder of Landlord's Property or with such activities of other Tenants of the remainder of Landlord's Property who were in possession of that Property prior to the commencement date of such interference. Tenant agrees to cease all such actions that interfere with Landlord's use of the remainder of Landlord's Property as a Park and Baseball Field immediately upon actual notice of such interference, provided, however, in such case, Tenant shall have the right to terminate the Lease and remove all of its equipment, personal property, Antennae Facilities, and leasehold improvements and to get a refund of the balance of prepaid rent. Before approving the placement of Antennae Facilities, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Leased Premises and an engineering study indicating whether the Leased Premises' soil conditions are able to structurally support Tenant's Antennae Facilities without prejudice to the Landlord's primary use of the remainder of Landlord's Property. Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities existing on the Property as of the Commencement Date. If Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within thirty (30) days, Landlord may terminate this Lease. 15. Default by Tenant and Landlord's Remedies. It shall be a default if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within ten (10) days; or if Tenant defaults in the performance of any other covenant or conditions of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of; or if Tenant abandons or vacates the premises; or if Tenant is adjudicated a bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. If suit shall be brought by Landlord for recovery of possession of the Property for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, the Tenant shall pay to the Landlord all expenses incurred therefor, including reasonable attorney fees. 16. Cured by Landlord. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand or notice, either (a) terminate Tenant's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be entitled to recover from Tenant (i) the amount of the unpaid rent accrued through the date of termination, (ii) the worth at the time of 9 GTE Lease Agreement El Toyon Park 12/99 award of the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net the costs of reletting), and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease, (b) continue this Lease and Tenant's right to possession and recover the rent as it becomes due, in which event Tenant may sublet or assign, subject only to reasonable limitations, (c) pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 17. Optional Termination. This Lease may be terminated by: a. Tenant, if it determines that it is no longer practical to use the Leased Premises for its intended purpose. b. Tenant, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business; c. Landlord, if Tenant is in default under this Lease; Landlord, upon ninety (90) days' written notice to Tenant, if Landlord determines, in its sole discretion, that the Leased Premises are needed for a public purpose. In the event of such termination, Landlord shall reimburse Tenant 1) the Fair Market Value of all improvements installed by Tenant on the Leased Premises, as determined by an independent qualified appraiser retained by Landlord and subject to Tenant's reasonable approval; and 2) the amount of any Rent pre -paid by Tenant. 18. Liquidated Damages —Termination. Notice of Tenant's termination pursuant to paragraph 17(a) or (b) shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Property prior to said termination date shall be retained by Landlord. Upon termination of this Lease by either party, this Lease shall terminate for all purposes and the parties shall have no further obligations to each other. 19. Alteration. Damage or Destruction. If the Leased Premises or any portion thereof is altered, destroyed or damaged so as to a materially hinder effective use of the Antennae Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, Tenant shall within ninety (90) days remove the Antennae Facilities and all other of its property from the Leased Premises and shall restore the Leased Premises, including reinstallation or replacement with a comparable substitute of the existing lightstand, to the same condition as existed prior to this Lease. Upon the completion of such removal and restoration all rights and obligations of the parties shall cease as of the date of the alteration, damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Landlord shall have no 10 GTE Lease Agreement El Toyon Park 12/99 obligation to undertake any repair to Tenant's Antennae Facilities or other personal property of Tenant. 20. Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi -governmental agency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease, Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for Antennae Facilities, other communications equipment, leasehold improvements and personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision, then rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 21. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be livable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises or Tenant's Antennae Facilities. b. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (mchiding, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be 11 GTE 1 r' Agreement El Toyon Park 12/99 in any way connected with the construction, installation, operation, maintenance, use or condition of the Leased Premises or Tenant's Antennae Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. u. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Leased Premises or Tenant's Antennae Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (iincluding, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violations of the common law or any laws, statutes, or regulations of the State of California, or United States, including those of the Federal Securities and Exchange Commission, whether by Tenant or otherwise. iv. Tenant's obligations to indemnify Indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more Indemnitees. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person (other than from Indemnitee's gross negligence) arising out of the Tenant's installation, operation, maintenance, condition or use of the Building or Tenant's Antennae Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. 12 GTE Lease Agreement El Toyon Park 12/99 d. Defense of Landlord. In the event any action or proceeding shall be brought against the Landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without the written consent of Landlord and provided further that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice. Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of Three Million Dollars ($3,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non - owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all- risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antennae Facilities. Upon completion of the 13 GTE Lease Agreement El Toyon Park 12/99 g• installation of the Antennae Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for the period of time: which it would take, under normal circumstances, to repair or replace that part(s) of the Antennae Facilities which is damaged and caused the loss of revenue. vi. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. viii. Tenant shall furnish certificates of insurance to Landlord before commencement of work. Named Insureds. All policies, except for business interruption and worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be in the same manner as if separate policies had been issued to each insured hereunder." h. Evidence of Insurance. Certificates of insurance of each insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filed and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 14 GTE Lease Agreement El Toyon Park 12/99 "At least sixty (60) days prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus line carriers on the State of Califbrnia Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company. k. Deductibles. All insurance policies may be written with deductibles, not to exceed $50,000 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord, the Indemnitees and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease. 1. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof Landlord may review the insurance coverages to be carried by Tenant. If Landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance, at its sole cost and expense. 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Leased Premises herein will not generate any hazardous substance, and it will not store or dispose on the LP. sed Premises nor transport to or over the Building any hazardous substance. Tenant shall be allowed to store on site the number of batteries as shown on the plans approved pursuant to CUP 1998-4. The batteries shown on the plans are to be used for emergency backup power. No additional batteries may be stored on the site without the prior written approval of Landlord. Tenant further agrees to defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from, and remediate the property from, any release of any such hazardous substance and any damage, ]loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean 15 GTE Lease Agreement El Toyon Park any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 23. Electric Magnetic Field (EMF) Indemnification. Tenant shall comply with all present and future laws, orders, and regulations relating to Electromagnetic Fields ("EMFs"), and the American National Standard Institute (ANSI) standards. Tenant, on behalf of itself and its successors and assigns, shall defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from and against all claims of injuries due to EMFs to the extent such personal injuries are asserted to be caused by Les. 's Antennae Facilities on the Leased Pi euvses, with Tenant's obligation to include payment of Lessor's reasonable attorney fees and costs. Landlord and Tenant shall mutually select the attorney to defend Landlord against all such claims. 24. Cathodic Interference Protection. Tenant has been advised and understands and agrees not to create any interference of any kind with the City's signals and further agrees to immediately correct any interference that may result from Tenant's equipment or to immediately cease all operations of Tenant's equipment until non- interference with the City's signals have has been obtained to the satisfaction of the City Manager or his designee. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of Landlord, shall be construed to be a tenancy from month to month a two times the rents herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 26. Subordination to Mortgage. Any mortgage now or subsequently placed upon any properties of which the Leased Premises is a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination. 27. Signing Deposit. With the execution of this Lease, Tenant shall pay Landlord the non- refundable sum of $2,000 as a signing bonus to guarantee Tenant's faithful performance, in lieu of a security deposit. Receipt by Landlord of the signing deposit shall not bar Landlord from pursuing its remedies under Section 15 if Tenant defaults in its obligation and duties under this lease. 12/99 16 GTE J . Agreement El Toyon Park 28. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 29. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force; (b) the dates to which rent and other charges have been paid; (c) far as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 30. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: With a copy to: If to Tenant, to: With a copy to: 12/99 Tom McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Burton S. Myers, City Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950 o: pG C%Ft c. GTE Wireless" Incorporated P.O. Box 5011, Dcpt. 491-CA1036 1'4 CC) 42677 Alcosta Boulevard, Dept. 491 San Ramon, CA 94583-0811 Attn: Director of Network GTE Wireless MC: GA1B3LGL One GTE Place Alpharetta, GA 30004-8511 Attn: Legal Department 17 GTE Lease Agreement El Toyon Park 12/99 31. Assignment. a. Tenant may not assign this Lease or sublet the Leased Premises without the prior written consent of Landlord. b. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity that may be in competition with Tenant, or any other party. 32. Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 33. Recordation. This Lease may be recorded by either party hereto. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of California. d. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. 35. Quiet Possession. The Landlord hereby warrants and represents that there are no liens, encumbrance or exceptions to property title as of the date of this lease that would interfere with Tenant's rights hereunder and that Landlord has the legal right and title to enter into this Lease. 36. Memorandum of Lease. Following the execution of this Lease, either party at its sole expense, shall be entitled to record a "short form" Memorandum of Lease in the county in which the Leased Premises are located. 37. Fixtures. Landlord agrees that no part of the improvements constructed, erected or placed by Tenant on the Leased Premises shall be or become, or be considered as being, affixed to, or a part of Landlord's real property, and any and all provisions and principles of law to the contrary not withstanding, it being the specific intention of 18 GTE Lease Agreement El Toyon Park Landlord to covenant and agree that all improvements of every kind and nature constructed, erected, or placed by Tenant on the Premises, shall be and remain the property of the Tenant. 38. Environmental Conditions. Landlord hereby makes the following representations and warranties to Tenant, for the benefit of Tenant. a. Landlord is not aware of, and has not received notice o1 the disposal or release or presence of hazardous .substances, as defined under federal and state law, on the Leased Premises, the license for access granted herein, the Encroachment Permit for utilities, or the Landlord's Property. b. If during the term of this Lease or any extension thereof it is determined that the Leased Premises, the license for access, the Encroachment Permit for utilities, or Landlord's Property is contaminated with Hazardous Substances, Tenant shall have the right, in addition to other rights and remedies, to terminate this Lease upon thirty (30) days' written notice to Landlord. This lease was executed as of the date first set forth above. LANDLORD CITY OF NATIONAL CITY Title: Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 12/99 19 TENANT vc w eaLIZ;c. GTE WIRELESS4lNCORPORATED By:,.. , n Title: o- S)„a5. &.. By: Title: GTE Lease Agreement El Toyon Park STATE OF CALIFORNIA ss. COUNTY OF 6‘r Qt£ccD VIA ✓1+L:C < 1 t� G On this . t day of ( - , 19q11, before me, G o2_ , a Notary Public in and for the State of California, duly commissioned and sworn, personally appeared D. Lindsey Burroughs, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first -above written. MARTHA C. GOMEZ o COMM. PUBLIC-CALIFORNIA O co 6 �, s ,,,;�, NOTARY IEGICCOUNTNIA 0 SAN DIi_GO COUNTY r Mp Commission Expires AUGUST 28, 2000 Place Notary Seal Above Signature on Notary Publ My appointment expires g " 2.- STATE OF CALIFORNIA ss. COUNTY OF SO Okla.() ) Q'/ On this Aix. day of j5itlld Z(IGtO , before me, ae 9 fain, iis, a Notary Public in and for the State of California, duly commissioned and sworn, personally appeared P rg S/ /I%dyok. , personally known to me/proved to me on the basis of satisfactory evidence to be the personal whose name(SP) Oen subscribed to the within instrument and acknowledged to me that 0e7s y executed the same inE9/Iner authorized capacity(21., and that by0hteeftlivir signature(*on the instrument the person( F or the entity upon behalf of which the person(.4 acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first -above written. NORMIA P. URIAS ' COMM.# 1117200 Z 4``• ' y / NOTARY PUBLIC-CALIFORNIA SAN DIE -GO, CA MY COMMISSION EXRIFIES DEC 6, 2000 Place Notary Seal Above Signature of Notary Public My appointment expires Qe Az LOB Z) --DiVI�S10N i OYON SC MOOT SIBS IC -OS MAP .. Q 166 PROPOSED ANTENNA -_ EQUIPMENT BUILDING===-- IC •0 STREET .4 •re . _�0 o p Y ti Y 4 y I Z_lO '' 3,01 Zoe .i r0O L211 1 212 213 214 ! ^n —•M ELROS Di a 4 Z: NI N' 4 r W 23! 122 3 237 2_'RS-2p3 2 4 i QOi \ 4 I h.4 u I 4 4 4 I v ul T1 1��� S' S 1 _ M EMIMIlli 4th --"11 4 a 23 2nd _ _ ________ _. _ _ _ _ _ _ _ _ _ _ _ _ _ RS-2 EL TOYON PARK • PROPOSED FACILITY ■ 1ZONE BOUNDARY SCALE: 1" = 200" T NORTH 0 50 100 FEET LOCATION MAP CUP-1998-4 NATIONAL CITY PLANNING DRN. DATE: 06/30/98 REVISIONS: HEARING: 07/20/98 EX EiTi A Ot?c-09-99 12:05P CHRISTENSEN ENG & SURVEY 858 271-8912 P_02 CS CHRISTENSEN ENGINEERING & SURVEYING 43RD STREET, CA 1400 2005 EAST 4TI1 AVENUE NATIONAL CITY, CALIFORNIA SITE LEGAL DESCRIPTION PARCEL A: 7RRR SII.VERTON AVENUE, SUITE ) SAN DIF.O,C LWORNIA92126 PHONE (619) 271-99111 • FAX (619) 27111912 THE WEST QUARTER OF THE EAST HALF OF 80 ACRE LOT 1 IN QUARTER SECTION 130 OF THE RANCHO DE LA NACION, IN NATIONAL. CITY, SAN DIEGO COUNTY, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON MAY 11, 1869. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO TIIE NATIONAL SCHOOL DISTRICT BY DEED RECORDED ON DECEMBER 7, 1951 AND FILED IN BOOK 4313, PAGES 483 AND 484 OF OFFICIAL . RECORDS OF SAN DIEGO COUNTY. ALSO EXCEPTING 'THEREFROM THE SOUTHERLY 40 FEET THEREOF LYING WITHIN FOURTH STREET (ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARY OF NATIONAL AWARD HOMES UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 4370). PARCEL. B: THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 1, IN QUARTER SECTION 130 OF THE RANCHO DE LA NACION, IN NATIONAL CITY, SAN DIEGO COUNTY, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON MAY 11, 1869 LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF INTERSTATE 805 (STATE FREEWAY 11-SD-805- 10.9) AS CONVEYED TO TIIE STATE OF CALIFORNIA BY DEED RECORDED ON FEBRUARY 13, 1962 AS FILE NO. 24766 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE NATIONAL SCHOOL DISTRICT BY DEEI) RECORDED ON DECEMBER 7, 1951 AS FILED IN BOOK 4313, PAGES 483 AND 484 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO CALIFORNI.A WATER AND TELEPHONE COMPANY BY DEED RECORDED ON SEPTEMBER 27, 1950 AND FILED IN BOOK 3795, PAGE 292 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THE SOUTHERLY 40 FEET THEREOF LYING WITHIN FOURTH STREET. CIVIL ENCINEERING•LAND SURVEYING• LAND PLANNING •FORENSICE GINEFRIN(: EXHIBIT B Oec-O9-99 12:O5P CHRISTENSEN ENG & SURVEY 858 271-8912 P-03 PARCEL. C: THAT PORTION OF THE WESTERLY HALF OF 80 ACRE LOT 1 IN QUARTER S1:CTION 130 OF Tun RANCHO DE LA NACION IN NATIONAL CITY, SAN DIEGO COUNTY, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS SAID PORTION WAS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 13, 1962 AS FILE NO. 24766 OF OFFICIAL. RECORDS OF SAID COUNTY; LYING NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF STATE FREEWAY 1 I -SD-805-10.9; SAID PART HEREBY CONVEYED DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND CONVEYED TO THE CALIFORNIA WATER AND TELEPHONE COMPANY BY DEED RECORDED SEPTEMBER 27, 1950, IN BOOK 3795, PAGE 292 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE FOLLOWING NUMBERED COURSES: (1) ALONG THE SOUTHERLY LINE OF SAID CALIFORNIA WATER AND TELEPHONE COMPANY LAND NORTH 72°13'21" EAST, 55.06 FEET TO THE EASTERLY LINE OF SAID STATE LAND; (2) ALONG LAST SAID LINE SOUTH 40°00'14" EAST, 415.79 FEET TO SAID NORTHEASTERLY RIGIIT OF WAY LINE; ALONG LAST SAID LINE THE FOLLOWING TWO COURSES: (3) NORTH 48°46"48" WEST, 14.71 ;FEET ; (4) NORTH 46°35'20" WEST, 424.90 FEET TO THE POINT OF BEGINNING. PARCEL D: LOTS 337 THROUGH 347 INCLUSIVE, OF NATIONAL. AWARD HOMES UNIT NO. 2, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORN1A, ACCORDING TO MAP THEREOF NO. 4370, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBE R 20, I959. CHARLES W. CHRISTENSEN RCE 8195 EXP (09-30-00) JN 9874 my t No. C81S5 t r7 Inl m 17,41 v Bp. $34119 i' �$ Q7-I2-99 DATE Jan-04-O0 04:3OP CHRLTENSEN ENG & SURVEY BE" 271-8912 P.O2 CE &S ('1 IRIS] 1., SE\ CHRISTI NSEN ENGINEERING & SURVEYING 43RD STREET, CA 1400 2005 EAST 4TH AVENUE NATIONAL CITY, CALIFORNIA LICENSE FOR EQUIPMENT PURPOSES 71.4S SII.YIRFON AVFiNlll'. SU1T1: I SAN 1)1h;(i). CALIFORNIA 92126 i•1 MI IASNI 271= $)W • FAX OISKI 271-Nt2 A LICENSE FOR EQUIPMENT PURPOSES LYING WITHIN A PORTION OF THE AFOREMENTIONED SITE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 72°08'30" WEST 11.50 FEET; THENCE NORTH 17°51'30" WEST 14.00 FEET; THENCE NORTH 72°08'30" EAST 23.00 FEET; THENCE SOUTH 17"51`30" EAST 14.00 FEET; THENCE SOUTH 72°08'30" WEST 11.50 FEET TO THE POINT OF BEGINNING. CHARLES W. CHRISTENSEN RCE 8195 JN 9874 5 TFy c. st- W = No. C 8195 m m Exp.9.30-00 ',, 01-04-00 Date CIVIL ENGINEERING • LAND SURVEYING • LAND PLANNING • FORENSIC ENGINEERING Jan-04-O0 04:31P CHRZ5STENSEN ENG & SURVEY 85-^- 271-8912 P_03 CE &s (71R(ti 17<NSEI CHRISTENSEN ENGINEERING & SURVEYING 43RD STREET, CA 1400 2005 EAST 4TH AVENUE NATIONAL CITY, CALIFORNIA 7%%% Sl1.VI 11UN AVENUE', .l'UITi I SAN LIRA (?, CALIFORNIA OI NIA 92IN; PHONE 1%SNF 271.9901 • FAX um) 771.I1912 LICENSE FOR POWER PURPOSES A 20.00 FOOT LICENSE FOR POWER PURPOSES LYING WITHIN A PORTION OF THE AFOREMENTIONED SITE. THE CENTERLINE OF SAID 20.00 FOOT LICENSE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 84°23'56" EAST 143.81 FEET; THENCE SOUTH 45°22'11" EAST 74.45 FEET; THENCE SOUTH 71°18'35" EAST 162.51 FEET; THENCE NORTH 72°16'41" EAST 57.55 FEET; THENCE SOUTH 17°43'19" EAST 72.00 FEET; THENCE SOUTH 72°16'41" WEST 40.00 FEET. THE SIDELINES OF SAID LICENSE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE BEGINNING OF SAID LICENSE ON A LINE WHICH BEARS NORTH 72°08'30" EAST AND AT THE END OF SAID LICENSE ON A LINE WHICH BEARS NORTH 17°43'19" WEST. CHARLES W. CHRISTENSEN RCE 8195 JN 9874 QROFESS/.4941 p�, rye CgF C $ m. Emil. 0 40-00 x CIVIL OF CAL%E 01-04-00 Date l.'IVII. ENGINEERING • LAND SURVEYING • LAND PLANNING • FORENSIC ENGINEEIt(NG 4 Jan-04-O0 04:31P CHRISTENSEN ENG & SURVEY 85F'==,271-8912 P.04 CE &s CIIRISTENSEN ENG1NEERINCi & SURVEYING 43RD STREET, CA 1400 2005 EAST 4TH AVENUE NATIONAL CITY, CALIFORNIA 7iKX SII.V7 RTON AVENUE, SUM1 SAN UIIGCI, Ch1 1FORNI A 921.26 PHONE (Ed) ?'; 1-99UI • FAX (%.W 271491: LICENSE FOR TELCO PURPOSES A 20.00 FOOT LICENSE FOR TELCO PURPOSES LYING WITHIN A PORTION OF THE AFOREMENTIONED SITE. THE CENTERLINE OF SAID 20.00 FOOT LICENSE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 337 OF NATIONAL AWARD HOMES UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 437'0, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON OCTOBER 20, 1959; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 337 NORTH 71°59'41" EAST 80.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 00°53'50" WEST 34.21 FEET TO A POINT LYING 10.00 FEET WESTERLY OF THE WESTERLY LINE OF "U" AVENUE; THENCE NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF "U" AVENUE NORTH 17°43'19" WEST 314.23 FEET; THENCE SOUTH 72°16'41 " WEST 57.55 FEET; THENCE NORTH 71°18'35" WEST 162.51 FEET; THENCE NORTH 45°22'11" WEST 74.45 FEET; THENCE; NORTH 84°23'56" WEST 143.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A". THE SIDELINES OF SAID LICENSE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE BEGINNING OF SAID LICENSE ON THE SOUTHERLY LINE OF SAID LOT 337 AND AT THE END OF SAID LICENSE ON A LINE WHICH BEARS NORTH 72°08'30" EAST. CHARLES W. CHRISTENSEN RCE 8195 JN 9874 QofESS/0A, V. CHRr F � Ct NaCE196 z rig WA -WOO 01-04-00 Date CIVIL ENGINEERING • LAND SURVEYING • LAND PLANNING • FORENSIC ENGINEERING CIVO- OF CAVIS * .San-04-O0 04:31P CHRIS77ENSEN ENG & SURVEY 85E''""271-8912 P.05 CE &S !'IIIthtiIl,A.'I \ CHRISTENSEN ENGINEERING & SURVEYING 43RD STREET, CA 1400 2005 EAST 4TH AVENUE NATIONAL CITY, CALIFORNIA LICENSE FOR TOWER AND CABLE PURPOSES 7KX SIIYEICEONAVENUE. SUITE 1 SAN I)11%;u. l`ALIRM NIA 9212b PI If ISSKI '%I -94X11• FAX 18581271•V12 A 20.00 FOOT LICENSE FOR TOWER AND CABLE PURPOSES LYING WITHIN A PORTION OF THE AFOREMENTIONED SITE. THE CENTERLINE OF SAID 20.00 FOOT LICENSE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE SOUTH 32°57'31 " WEST 38.49 FEET. THE SIDELINES OF SAID LICENSE TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE BEGINNING OF SAID LICENSE ON A LINE WHICH BEARS NORTH 72°08'30" EAST AND AT THE END OF SAID LICENSE ON A LINE WHICH BEARS NORTH 57°02'29" WEST. CHARLES W. CHRISTENSEN RCE 8195 JN 9874 01-04-00 Date CIVIL ENGINEERING • I.ANII SURVEYING • LANU PLANNING • FORENSIC ENGINEERING GTE GTE Wireless ENINIMS TALL EASTINS LIGHT POLE 10 SE REMOVED PASTING SCOW SNACK EARMY SETA] MALL MTM 1P SITE PLAN "L7' SITE REVISIONS DATE 0HCNIT0N SPVS46 6T6 REVISIONS 5l27P0 61D NNl10W 6/IMO CITY gNI61OW 4th STREET APPROVAL FOR ZONING SUBMITTAL T@ M1MA0E03I TIV 4OARS SAW ARE II066DAD Pot 1MTTILTA mums 46A NO MEAT GOOD APPROVAL Ca6T5Z301. DATE DIMI®INA DAIL RN STATE DARE 00304133 DATE H.N..DL DNMIm, CO W MATDN 'JAMS A6NWAY WRE-9[UK WE SEMI APPLEAYM COOIIYG,WI RAW MfKA301 Ym-WPM l6G.L11R E611:0-(M5.11511,11601T IYIm6T6W4 CLR61RYTg1RRCT AS-133.0E0001ET GRADING NOTES NO GRAMS NMISCEVEE PS PROPOSED SIGN NOTES I. ALL SIGNS ARE ERETIK .00310 NM 3001AS6 IS PROPOSED. LANDSCAPE NOTE I. NLW0J0MWIS MOSTNG AND NOM.T5611OI TOM PAN( OR P016ATION SYSTEM 16 PROPOSED OWNER CITY OP NATIONAL elx IV, NATIONAL CITI M.00. INTI001. eITY. GA Vm (N4 Y6-b4 APPLICANT/LESSEE OR Yu66tl6 666 LOGIC Kw. 6W gl60.. CA tl12I00M CONTACT LAME( WCRIT nlu 4w6666 ARCHITECT PULLIAIM EMITS 4 P MO SWIM AKNITEDM E . PLAMO a PO.60A 4051 CARLSAAO. CA,'M16 LEGAL DESCRIPTION PARCEL 6. THAT PORTION O' RD PIT mu. or 60 KM LOT I. IN 0MR10C SPURN ISO OP TI! RANCHO DE LA MALIM IN NATIONAL CEP, SAS MEP COMP. STAR 6P 0KIb0011.A AC0.0167M6 TO MN 'moor MO. IN. 191J9 M RE OPPICE OP TIC COMM INA LYING NYT.MWIELYY OAPMER QRORMASTMLY LRl M61CSAID SAS PESO UMW ORNAR 003 (STATE IRElTAY II-60-003-I04L AS 000/0433 TOM STAR OP CALIPONIAOr 000 RECORDED ON 111010100( APR] AS PILL NO. RAIN OP ORIGIN- RWIm60P SAW 6M OF60 COMM. PROJECT DESCRIPTION TNIS E AM AIPICATION TO PROVIDE A 6ONDITI0NL Y!E PROM. POR AM 1364.3R6 CELLAR FACILITY COMI6TW OP AIV SP OR 0600PIEST 61LON6.6O*GTM6 SAWS MP A TOTAL OP NIL TY67L PANS. 0061ONM- AE6M.H. W TIRES 00113 .wmMts APO N 6P6 N MMA. MOORED ON A ¶1* NMI MONOPOLE. M OS . MINT NO O106T0N OP ne N0E01A6 SMALL SE AMUSES" TO P ET IreSTISI RESUIREPIENTS T! OOLAAR AMMMM/OL IMPALE CLEAR AW PEWEE LEL4M COMMUNICATIONS m MR AREA. TRW M6E006ELTS/ELL ALUM POE AN I31713I40LM C011ANu11LN 1EI)C10( TNT CAN ELMME T6 RN-1011 IP 11109043 (SIN SETAE 4OIYAIO03E17 OPNI AM 0TO0OY SITUATION OR A NATURAL M5N1Et THE FACILITIES PILL MAW! THE MEIUL mod" LAM! NO ✓6PNR M DE COWRY O• SANOELO AND MMP2E050 MIENS BY PEOVIO SIRIABLE C1411LAP COMMIGTOE AT MS LOCATION. STATISTICS SITE AREA. AREA or PROPOSED SOUPIEST EIILDIML ZONING. BUILDING DATA 4T➢6l3 6P • 032 AC IT SF IO05 NATIMIO AL CMG arm YML 000TANW PRO09134 MO0J.M EELDIW, S TYPE OP CONSTRUCTION. VN STORIES. ONE VICINITY MAP DE TROMPS 6110E PARE 13,0 Al ASSESSORS PARCEL NUMBER. 104010-I3 2005E 401 6T. OVER APPROVAL a SS 0 SO SIGNATURE DATE [VLl"eV�IT ARCHITECTURE PAON?1'D 6TEWID,a6 6P .HARM/. L_J 1111111111 PROPOSED 61E Y11511ESO DSO MD®rIA tnfl L OF a _Il_066w 61E 1111m193 •N1L NDEMD. (TYPICAL. or m 6RUATED LISNT ALT1 EMFM4 POLL i 4 • " f PROP'A1Ep 616 ROCS. OHM ARRMIA (TYPICAL or 61 PROPOSED OR p RELESO PANEL ANEMIA 1TRACAL 01 121 RELOCATED L16XT PRON MOMS PPS 1 w L_ PROP06ED Ere PPR LISS la• 516• STUCCO 69R111iT MW6I PARRS TO MATCH MOTIR6 SCORE SACK ® ePrl u6Hr Plxnu wn. RIRE 6UMD Ex5TM1 L161D POLE TO a mlmxD PRO O6® GTE WIRELP96 YTS' NSA 1121U' POIP TO REPLACE EM5T6L5 LIGHT POLE PROPOSED 61E (10ELMS A O. 6166 ITl1GMLL TO RM1ADE Fl*445* LIGHT POLE PROFESS OTE H141E66 la• R u• 61560E PdIMER WILDS* PAWED TO MATOH EIR611H6 SCORE SNACK WEST ELEVATION SOUTH ELEVATION ICRCF(�nP CVGFP.6'P SST LIFT PIFME RDA MIRE NMRO EMP1l4T M1LDM5 DPAI 111111 METAL LOOP TO IMMIX IX ACCESS P00POS1 ~WA IRON INC O5IIR TO REFIDcT ACCESS PROp4m RETAINS!! WALL - PROPOSED 6b• AROb4R PEC S OAS OMf05 APPROIK m 63 c 3 as Ka 6ISHATPE 11T2 DATE IarraD OTC wnaLee DMY AIRMAN (TYPICAL or 91 AN0JMD SIX MRLAO PAWL AMMO mm00L Or IL) IpLWRD LOOT ANI !AWN* PCO.OLm 10 IMMO N'i• Asx MON01012 ro AMALI MAID* LINK 002 r r 1 LJ 4' exnTA10 Clan ADM 10 CC AEMJPG PROPOSED 4TM0446 POLL P110006E0 6IE N@C6 12'• 116'6IWL006 57Ir PALMA ALAMO 10 INTNI M OSTAA 60A1@ SHACK EAST ELEVATION PROPOSD NMIAIAN6 IW.L r60r0'JCO 6IM 16Rplb QMI AMQAN (MICA. OP 91 I00006ATE PORMODICA ILECO aW 00.O.ATIP 1.10M PROM Mg3DMl M12 14101.00EO eIM wn9ex AT!• NNW MONOPOLE TO •@LAOC MNyTM6 LIMA. POLE PRO05006re 0IRIESO I9• Y A• MICRO CO11RE T yh0M* PAIN= TO PATON HIITIW 3COM SMACK 4 4 0 • n • NOI.RTHI'f ELEVATION F62E OW2R APPROVAL Oo c 49 c it Or. c e ii a 1 u a 15 TI1LM DATA VIIMPA RESOLUTION NO. 98-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 E. 4th STREET (EL TOYON PARK) APPLICANT: G 1'h MOBILNET OF SAN DIEGO CASE FILE NO.: CUP-1998-4 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility at 2005 E. 4th Street, at the regularly scheduled City Council meeting of September 8, 1998 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-1998-4 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 8, 1998, support the following findings: 1. The site for the proposed use is adequate in size and shape, and sufficient area exists to accommodate the proposed facility without reducing the net usable area of the park grounds, since the proposed monopole will replace an existing light standard and the proposed equipment building will be recessed into a sloped embankment unusable for general recreation. 2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since access to the property is provided from U Avenue and the unmanned wireless communications facility is expected to generate a minimal amount of additional traffic. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the project involves only a negligible addition to established structures and construction of a small building adequately separated and screened from views afforded adjacent properties. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will enhance and/or augment the availability of wireless communication channels. CONTINUED ON PAGE.2 Resolution No.: 9g-1u_ Page: 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. A cost estimate shall be submitted along with development plans. A performance bond equal to the approved cost estimate for all of the proposed grading and retaining wall work shall be posted. Three percent of the estimated cost shall be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 2. Development Plans submitted for Building Permits must conform with the 1994 Editions of the Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code; and the 1993 Edition of the National Electrical Code. 3. Exterior walls of the proposed equipment building shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. The path of any and all underground cables and utilities associated with the proposed facility shall be modified as necessary to avoid conflict with any existing or future underground facilities installed by the City. The applicant shall coordinate planning and installation of any such underground facilities with the Parks and Recreation Department, the Public Works Department and Sweetwater Authority as necessary per the respective determination of each office. 5. The applicant shall provide the Public Works Department the opportunity to evaluate, repair and/or replace the light fixture intended to be relocated to the proposed monopole at the time the fixture is removed. 6. Permittee shall be granted non-exclusive right of ingress and egress, seven days a week, twenty- four hours a day for the installation, maintenance, repair and upgrade of the facility. For all non- scheduled, emergency visits, Permittee shall notify the Parks and Recreation Department ("Parks") of Permittee's site visit within two hours of such event. Permittee shall notify the Parks at least four hours in advance of any routinely scheduled, non -emergency maintenance or service to the facility for such visits that do not occur during normal park hours. Permittee will provide Parks with a maintenance schedule if applicable. 7. The proposed equipment building shall be of masonry construction with stucco finish, painted and roofed to match score shacks existing on site. 8. The proposed monopole shall have a non -reflective finish matching that of other light poles existing in the park. 9. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. Resolution No.: 98-10. Page: 3 10. If use of the equipment building, antennas and any other equipment authorized by this Conditional Use Permit is discontinued for a period of six or more consecutive months, it shall be removed by the applicant. This requirement shall not apply to the monopole, which shall be maintained or replaced with a substitute suitable for supporting required light fixtures, per the determination of the Director of Public Works. 11. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A -Revised, Case File No. CUP-1998-4, dated 06/22/98. 12. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. 13. Use of the property as authorized by this Conditional Use Permit shall be limited to the installation of a wireless communications facility consisting of a 97'-8" tall monopole supporting 12 panel antennas and three whip antennas, and one 12' x 16' x 12'-8" equipment building, as incidental use of the property. 14. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 15. Before this Conditional Use Permit shall become effective, the applicant shall negotiate a City Council approved lease agreement authorizing use of the property. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of September, 1998. ATTEST: 1i R. DAL/alio- MICHAELCITY CLERK APPROVED AS TO FORM: GEORGE H. EISER. III -CITY ATTORNEY G�- GEORGE ft. WATERS, MAYOR