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HomeMy WebLinkAbout2003 CON Cingular Wireless - Lease in El Toyon ParkORIGINAL LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this 5th day of August, 2003, by and between the City of National City ("Landlord") and Pacific Bell Wireless, LLC, a Nevada Limited Liability Company, d/b/a Cingular Wireless ("Tenant"). RECITALS 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 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 City of National City Planning Commission Resolution No. 9-2003 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 right-of-way under Chapter 13.12 of the National City Municipal Code. Any such franchise or permit must be obtained separately from Landlord. 2. Term. The term of this Lease shall be five (5) years, commencing on August 5, 2003 (the "Commencement Date") and ending August 5, 2008. Provided that Tenant is not in breach of any of the portions of the provisions of this Lease, Tenant may extend the initial term of this Lease for four (4) successive (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 Lease 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 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 Leased Premises and its landscape or hardscape caused by such equipment, normal wear and tear excepted, and shall reinstall or replace with 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 thirty (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. 2 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 $1,000.00. 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 Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the installation, operation and maintenance of its 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 Planning Commission Resolution No. 9-2003 Landlord reserves the right to enter into agreement with other parties including, but not limited to, wireless communications 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 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. 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 3 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 Planning Commission Resolution No. 9- 2003 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 that 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 Facility as set forth in section 5a, then Carrier shall execute a sublease 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 Antennae 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 utilization of the remainder of the 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. 4 6. Construction Standards. The Antennae Facilities shall be installed on the Leased Premises in a good and workmanlike manner without attachment of any construction liens. Landlord will require Tenant to paint the Antennae Facilities in conformance with approved Conditional Use Permit (CUP) No. CUP-2003-5 so as to blend with the surroundings. If not specified in CUP 2003-5, 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 Depai linent 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 relating to such improvements or site preparations subject to landlord's approval. All 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 2003-5, as approved by National City Planning Commission Resolution No. 9-2003 Improvements 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 2003-5, as approved by National City Planning Commission Resolution No. 9-2003. 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 in 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 a manner that poses no threat of damage or injury to other City 5 g. property or users of the Property. Tenant shall pay all cost 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 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. 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 thirty (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). 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 subcontractor or supplier who delivers material and/or equipment with the Tenant's contractor's, or subcontractor's vehicle or with a common carrier. 8. Equipment Upsrade. 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 that 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 2003-5, as approved by National City Planning Commission Resolution No. 9-2003. 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 to not to conflict with the use of or leasing of the remainder of the 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. 6 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 al least 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 Antennae Facilities and protect such from paint and debris fallout which may occur during 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 doe 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 Planning Commission Resolution No. 9-2003 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. In exercising this right of access to the Leased Premises, Landlord and its employees, agents or contractors shall not damage nor interfere with Tenant's equipment or ongoing operations therein. 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" 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 7 Antennae Facilities in accordance with site standards, statutes, ordinances, the provisions of CUP 2003-5, as approved by National City Planning Commission Resolution No. 9- 2003 and the rules and regulations now in effect or that may be issued thereafter by the FCC, or any other governing bodies. 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 repair and maintenance activities on the remainder of Landlord's Property who were in possession of that Property prior to the commencement date of such interference; provided, however, that issues of radio frequency interference with the operations of any other tenants on Landlord's Property that are communications carriers are deemed covered by the provisions of Section 5.a and 5.b of this Lease. 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 promptly 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 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 the 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; provided, however, that if the nature of Tenant's default of a non -monetary obligation is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion; or if Tenant abandons or vacates the Leased 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, Tenant shall pay to Landlord all expenses incurred therefor, including reasonable attorney's fees, provided that Landlord is the substantially prevailing party in said suit. 8 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 of 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 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; or (b) 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; d. 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 determination, 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 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 9 destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Landlord shall have no 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 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 liable 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, lien, costs, charges, loses and expenses (including, 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 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. 10 ii. 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 expense (including 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 violation 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 sole 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 or willful misconduct) 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. 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 commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be 11 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: i. 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 accidental to the installation of the Antennae Facilities. Upon completion of the 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 for Worker's Compensation shall be written on an occurrence and not on 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. 12 g. 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, 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 insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled 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. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "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." j. 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 carriers on the State of California 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 Insured from and against the payment 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 13 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 Leased 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 2003-5. 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 by Tenant or anyone acting on behalf of Tenant, and any damage, loss or expense or liability resulting from such release by Tenant or anyone acting on behalf of Tenant, including all attorney's 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 any substance or material defined or designated as hazardous or toxic waste, hazardous, 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 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 extend such personal injuries are asserted to be caused by Lessee's Antennae Facilities on the Leased Premises, 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 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 tenancy from month to month at two times the rent herein specified (prorated on a monthly basis) and shall otherwise be under the conditions specified in this lease agreement, 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 14 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 deposit to guarantee Tenant's faithful performance, in liu 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. 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) for 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, request, 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: With a Copy to: City Manager City of National City 1243 National City Boulevard National City, CA 91950 Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 Cingular Wireless Network Real State 6100 Atlantic Boulevard-GANO2 Norcross, GA 30071 Cingular Wireless Attn: Lease Administrator 6170 Cornerstone Court, Ste. 180 San Diego, CA 92121 15 31. Assignment. a. Tenant may not assign this Lease or sublease the Leased Premises at any time without Landlord's consent. 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 representation 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 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 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. 16 38 Environmental Conditions. Landlord hereby makes the following representation and warranties to Tenant, for the benefit of Tenant. a. Landlord is not aware of, and has not received notice of, 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 By: Nick i z za Title: Mayor APROVED AS TO FORM: George H. Eiser, III City Attorney TENANT Pacific Bell Wireless, LLC a a Nevada Limited Liability Company d/b/a Cingular Wireless By: GSM FACILITIES, LLC its sole member By: CINGULAR WIRELESS, LLC, its a • e By: Name ark A. Appel Titl-, Director of Network D. e: 2'i pia( G 17 • • Y Y KI"iY1Si r4 •T. '. v I. ':; n k I S'iX".z .' q.>F 3' �i l ..aT r al.\` •. ..'.v i£u ... J ..-ai. 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RA -1 Z 6 1 1,, A� rr IO STAMEII1,� rL`r, h �c ST aNii m ®< L� Y' V - R S£ ;4r. xU 2k v js ,#^d c fy sOy,Lxv. h� pT � • w ., 9 tlySN LS S.j rUl'w'+2 dT�d f `p� 4 '�` 001- d @ y };`' ; Izsn a Y ! r Eram[ - + 65 %5 • ITEM 5T "o - 5 o `a u� :15 4, emu m '. _t a [,,� ROi' �!� LT TE CT N r > < AEI a `. YL y , �, �• �.� — 3B8 TREEwoao sr Y A fn m�((e 8 nx„ �� %S 5 g wti. a ti /i g °i's S xT Rss da~a 8A RrLs r3s `r� g ! C. �p '9t a��� %qgC 4Pae!& "°'a -C . m ;A I' Aa ptT' p[dv o fi h a m��1: m15 >` a I l3HYA0N r' ,-• 0 �C0.ROL "3•,^Y `" ��y18 15 a, . 0�0 o aos, ," ,V ' A `�' SWEETW000 ST .. _.. _ 66TH s1 66TH < ''" m . 1 67TH ST m t > NUZA f e1No TOLIICA LEGHORN AV .. uq o r • am3m ooro tl3N �dN l,d P y0 s 3�i1i3U N - tl15o '._ 4-o q '� Pti y; 15 ,; N !- TEA A �i000ST MAN 200 Rlre Fj. , y $ • 6HT. 400 a > 66TH ST St I \ V 1IfIHXa EXHIBIT B LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: The West Quarter of the East Half of 80 Acre Lot 1 in Quarter Section 130 of The Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, on May 11, 1869. Excepting therefrom that portion thereof conveyed to the National School District by deed recorded on December 7, 1951 and filed in Book 4313., Page 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 the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of 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 the State of California by deed recorded on February 13, .1962 as File/Page No. 24766 of Official Records of said San Diego County. Excepting therefrom that portion thereof conveyed to the National School District by deed 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 California 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. Parcel C: That portion of the Westerly Half of 80 Acre Lot 1 in Quarter Section 130 of The Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof 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/Page No. 24766 of Official Records of said County; lying Northeasterly of the Northeasterly right of way line of State Freeway 11-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 right 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.. EXHIBIT C SITE PLANS (ATTACHED) PROPOSED CINGULM WIRELESS ANTENNAS AND TMA UNITS MOUNTED ON A NEW 104'-0" HIGH UGHT STANDARD. REMOVE EXISTING UGHT STANDARD. PROPOSED CIRCULAR WIRELESS 10'-0' X 15WOOD FRALIM EQUIPMENT SHELTER WITH STUCCO FINISH ON CONCRETE SLAB. (SHOWN SHADED) PROPERTY UNE (TYPICAL) cAm. P 5 72 14' 09' W SECTOR C AZIMUTH 240' '0 'EL EXISTING BALL FIELD AND FENCEIJNE f EXISTING UGHT STANDARD TD BE REMOVED SECTOR A AZIMUTH O EXISTING SHACK BAR AND STORAGE ' BUILDING I•1 T<A••• ll• 1m R• EXCTN9 RETAINING WALL EXISTING AT&T WIRELESS EQUIPMENT BUILDING 716.18' 29'-6" W B 10ja. 5. o+, EXISTING UGHT STANDARD EXISTING AT&T WIRELESS ANTENNAS MOUNTED ON UGHT STANDARD n \ \ % SECTOR B AZIMUTH 120' DOSING BASEBALL DIAMOND EXISTING BUILDINGS SITE PLAN .,c1'•594 �I N 71' 59' 41" E 599.54' 4TH STREET EXISTING SDC&E TRANSFORMER (POWER SETMCE CONNECTOR) INSTALL 1E5C0 PEDESTAL WRIT SOG&E METER ADJACENT 10 EXISTING METERS EIOSTING IJIIUTY POLE. (TELCO SERVICE CONNECTION) BENCHMARK: CITY OF NATIONAL CITY BRASS PLUG LOCATED AT THE SOUTHEAST CORNER OF FIRST STREET AND 'If AVENUE ELEVATION 93.52' (MEW SEA LEVEL N.G.V.O. 1929). BOUNDARY NOTE: THE PROJECT BOUNDARY SHOWN ON THIS DRAWING IS APPROXIMATE AND 15 SHOWN FOR REFERENCE ONLY, A BOUNDARY SURVEY WAS NOT PERFORMED BY CHRISTENSEN ENGINEERING AND SURVEYING 1 GENERAL SPECIFICATIONS • 1. THE LATEST ED9ON OF THE AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A201 GENERAL CONDTI10N5 OF THE CONTRACT FOR CONSTRUCTION' ME INCLUDED IN THESE SPECIFICATIONS AS IF COMPLETELY REPRODUCED HEREIN. 2 THIS FACILITY IS AN UNOCCUPIED PCS TELECOMMUNICATIONS SITE AND 5 EXEMPT FROM DISABLED ACCESS REQUIREMENTS. 3. PRIOR TO THE SUBMISSION OF BIDS. THE CONTRACTORS PARTICIPATING SHALL VISIT THE J013 SITE AND FAMIUMIZE THEMSELVES WER1 AU. FIELD C0NO50N5 AFFECTING THE PROPOSED PROJECT INCLUOING OEIAOLIIION, ELECTRICAL. MECHANICAL AND STRUCTURAL INSTALLATIONS, AS WELL AS WITH THE CONSTRUCTION AND CONTRACT. DOCUMENTS AND SHALL CONFIRM TINT THE PROJECT CAN BE ACCCMPUSHEO AS SHOWN PRIOR TO PROCEEDING WITN CONSTRUCTION. SHOULD ANY ERRORS, OMISSION, OR DISCREPANCIES BE FOUND. THE GENERAL CONTRACTOR SHALL IMMEDIATELY NOTIFY CIRCULAR WIRELESS CONSTRUCTION MANAGER AND THE ARCHITECT IN WRITING. IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL INCLUDE THE MORE COSILY 0R EXTENSIVE WORK IN THE 910, UNLESS SPECIFICALLY DIRECTED OTHERWISE IF A DISCREPANCY EXISTS AMU THE PROJECT MANAGER MD ARCHITECT ARE NOT NOTIFIED, THE GENERAL CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ALL COSTS INCURRED TO REPAIR OR CORRECT ALL PROBLEMS THAT RESULT. 4. DRAWINGS SHALL NOT BE SCALED. THEE ORA`MNGS ME INTENDED 10 BE DIAGRAMMATIC ONLY. FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE AND DETAIL DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALL CHECK ACCURACY OF ALL. DIMENSIONS IN THE FIELD. UNLESS SPECIFICALLY NOTED. DO NOT FABRICATE ANY MATERIALS, OR BEGIN ANY CONJIUCION UNTIL THE ACCURACY OF DRAWING DIMENSIONS HAS BEEN VERIFIED AGAINST ACTUAL FIELD DIMENSIONS. 5. THE CONTRACTOR SHALL. INCLUDE IN HIS 0R HER BID ALL MATERIALS. EQUIPMENT. APPURTENANCES MID LABOR NECESSARY TO COMPLETE THE WORK A5 IN0ICAIED OR IMRJED 8Y THESE DRAWINGS 5. CONTRACTOR SHALL NOTIFY THE CIRCULAR WIRELESS CONSTRUCTION MANAGER. THE PROPERTY OWNER AND THE ARCHTECT IF ANY DETAILS ARE CONSIDERED IMPRACTICAL UNSUITABLE, UNSAFE, NOT WATERPROOF. OR NOT WTININ CUSTOMARY TIRADE PRACTICE IF 'WORK 15 PERFORMED. IT WILL BE ASSUMED THAT THERE I5 NO OBJECTION TO ANY DETAIL DETAILS ARE INTENDED TO SNOW THE END RESULT OF THE DESIGN. MINOR MODIFICATIONS MAY BE REQUIRED TO 511E JOB CONOMONS, AND SHALL BE INCLUDED AS PART OF THE WORK. 7. EXISTING ELEVATIONS AND LOCATIONS TO BE JOINED SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION. IF THEY DIFFER FROM THOSE SHOWN ON THE PARRS, THE CONTRACTOR SHALL NOTIFY THE CIRCULAR WIRELESS CONSTRUCTION MAAGER AND THE ARCHITECT 50 THAT MODIFICATIONS CAN BE MAOE BEFORE PROCEEDING WITH THE WORK. 8. THE CONTRACTOR SHALL VERIFY AIL TELEPHONE & RADIO EQUIPMENT LAYOUTS. SPECIFICATIONS. PERFORMANCE INSTALLATION AND FINAL LOCATIONS WITH CIRCULAR WIRELESS CONSTRUCTION MANAGER PRIOR TO BEGINNING WORK. DE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING HIS WORK WITH ERICSSON RADIO 515TENS. 9. ALL SYMBOLS AND ABBREVIATIONS USED ON THE DRAWINGS ME CONSIDERED CONSTRUCTION STANDARDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING TIER EXACT MEWING, THE CINGULAR WIRELESS CONSTRUCTION MANAGER AND THE ARCHITECT SHALL BE NOTIFIED FOR CLARIFICATION BEFORE THE CONTRACTOR PROCEEDS WITH THE WORK. 10. THE CONTRACTOR SHALL OBTAIN AND PAY FOR PERMITS. LICENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF THE WORK MD INCLUDE THOSE IN THE COST OF THE WORK TO CIRCULAR WIRELESS 11. THE CONDUCTOR SHALL. PROVIDE CONDNUDUS SUPERVISION WHILE ANY SUBCONTRACTORS OR WORKMEN ARE ON THE SITE AND SHWA. SUPERVISE AND DIRECT ALL WORK. USING W5 REST SKILL AND ATTENTION. HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS. TECHNIQUES. PROCEDURES AND SEQUENCES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 12 WORKMANSHIP THROUGHOUT SHALL BE OF THE BEST QUALITY OF 111E TRADE INVOLVED, AND SHALL MEET OR EXCEED THE FOLLOWING MINIMUM REFERENCE STANDARDS FOR QUARRY AND PROFESSIONAL CONSTRUCTION PRACTICE NRCA NATIONAL ROOFING CONTRACTORS ASSOCIATION O'HARE INTERNATIONAL. CENTER 10255 W. RIGGERS ROAD, SURE 600 ROSEMONT. IL 60018 SMACNA SHEET METAL AND MR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION 4201 LAFAYETE CENTER DRIVE CHATILLK VA 22021-1209 EDP INTERNATIONAL INSTITUTE FOR LATH ANTI PLASTER 820 TRANSFER ROAD ST. PAUL. MN 55114-1408 13. INSTALL ALL EQUIPMENT AND MATERIALS PER THE LATEST EOMON OF THE M NUFACTIIRER'S INSTALLATION SPECIFICATIONS UNLESS SPECIFICALLY OTHERWISE INDICATED, OR WHERE LOCAL CODES OR REGULATORS TAKE PRECEDENCE 14.111E CONTRACTOR SHALL VERIFY, COORDINATE AND PROVIDE ALL NECESSARY BLOCKING, BACKING. FRAMING. HANGERS OR OTHER SUPPORTS FOR ALL REAS REQUIRING THE SAME 15. THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL GNE ALL NOTICE AND SHALL COMPLY WITH ALL APPUCABLE LOCAL CODES. REGULATIONS, LAWS AND 0R01NANCE5 AS WELL AS STATE DEPARTMENT OF INDUSTRIAL REGULATIONS AND DMSON OF INDUSTRAL SAFETY (OSHA) REQUIREMENTS. 16. THE CONTRACTOR SHALL PROTECT THE PROPERTY OWNERS. AND CINGULMI WIRELESS PROPERTY FROM DAMAGE WHICH MAY OCCUR DURING CONSTRUCTION. ANY DAMAGE TO NEW AND EXISTING FINISHES, CONSTRUCTION, STRUCTURE LANDSCAPING. CURBS. STAIRS. OR EQUIPMENT. ETC. SHALL SE IMMEDIATELY REPAIRED OR REPLACED TO THE SATISFACTION OF CIRCULAR WIRELESS, AND THE PROPERTY OWNER, OR THE OWNER'S REPRESENTATIVE AT THE EXPENSE OF THE CONTRACTOR. 17. THE CONTRACTOR SHALL. BE RESPONSIBLE FOR, AND SHALL. REPLACE OR REMEDY. ANY FAULTY, IMPROPER, OR INFERIOR MATERIALS OR WORKMANSHIP OR ANY DAMAGE WHICH SHALL APPEAL WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE OF THE WORK BY CNGUIM WIRE.L'S UNDER THIS COMPACT. 1E IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO LOCATE ALL EXISTING MII11ES, 0R CONTACT AN OUTSIDE AGENCY TO LOCATE ALL EXISTING UIR1116. WHETHER SHOWN HEREIN 0R NOT, AND TO PROTECT THEM FROM DAMAGE THE CONTRACTOR SHALL BEM ALL EXPENSES FOR REPAIR OR REPLACEMENT OF DEITIES OR OTHER PROPERTY DAMAGED IN CONJUNCTION WI1H TIE EXECUTION OF WORK. 19. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURM OF THE PROJECT SITE WHILE THE J08 IS IN PROGRESS AND UNTIL THE J08 IS COMPLETED AND ACCEPTED BY CIRCULAR WIRELESS PROPRIETARY INFORMATION ME NfPRWTIIN GONINKD N TES SET Of MESH DONUENR IS PROPIhTNN 9I IUNPE ANY 115E MI 06WSURE OTHER TAW WAS YMEN SPATS TO OMINR 5180. ! 4 S(WC.LY PR09451iD. / 1 B1A& .IRCHIT€C 444 o so Er 0.Y.11 635 IN/DP .. P1 ANNITIG neour, suss, c„1N.o c. wo.A 176w 11 I.n<, ,1 A 1 PREPARED FOR .xcingular- MRELESS 6170 CORNERSTONE CT., SUITE SAN DIEGO, CA 92121 1B0 APPROVALS R.F. DATE ZONING DATE CONSTRUCTION DATE SITE ACQUISITION DATE OWNER APPROVAL DATE PROJECT NAME EL TOYAN PARK PROJECT NUMBER SD-534-01 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO DRAWING DATES I /29/03 PRELIM Z0 REVIEW (TAB) 2/5/03 FINAL 20 REVIEW (JAW) 4/8/03 PRELIM CO REVIEW (JAB) 4/16/D3 PENAL CD REVIEW (JAB) SHEET TITLE SITE PLAN & GENERAL SPECIFICATIONS PROJECTS\cM9ulc.\03002ca\03002cA0.DW 6 A-0 J 0 0 PROPOSED CIRCULAR WIRP FRi ANTENNAS AND INA UNRS MOUNTED ON A 104, 0" HIGH UGHT STANDARD. TOP OF ANTENNAS-/ i PROPOSED LIGHT STANDARD FOR ONGULAR W1RElESS LIGHT STANDARD SHALL HAVE A REFLECTNE FINISH MATCHING OTHER EXISTING LIGHTS IN THE PARK PROPOSED CIRCULAR WIRELESS 10'-0' x 16•-0' W000 FRAMED EQUIPMENT SHELTER WITH STUCCO FINISH ON CONCRETE SUB. LOOWWN SHADED) SEE ENLARGED ELEVATIONS PROPOSED 7-0' HIGH WROUGHT IRON FENCE TO MATCH EXISTING SOUTH ELEVATION LGIENl.1•V �-T STANDARD PROPOSED LIGHT STANDARD FOR FOR CIRCULAR WIRELESS FRRPOSED AR CIRCULAR WIRELE35 EXISTING UGHT STANDARD TO BE REMOVED (SHOWN DASHED) PROPOSED CWGULAR WIRELESS 10'-0' x 18'-0" W000 FRAMED EQU PMEM SHELTER ON CONCRETE SUB. EXISTING GRADE PROPOSED 7'-0' HIGH WROUGHT IRON FENCE TO MATCH EMSTINC NORTH ELEVATION erxetr-ra GABLE ROOF W1TN COMPOSITOR ROOF SHINGLES EXTERIOR STUCCO FINISH (SHOWN SHADED) CONCRETE SLAB 1— I G N m PROPOSED 42' HIGH GUARORNL PROPOSED 7'-0' HIGH WROUGHT IRON FENCE TO MATCH EXISTING RELOCATED LIGHT FIXTURES EXISTING LIGHT FIXTURES TO BE RELOCATED TO NEW LIGHT STANDARD (SHOWN DASHED) REMOVE'COSTING UGHT STANDARD ' (SHOWN DASHED) COSTING TREES TO RDWN (7YPK•JL) EXISTING CHAJNUNK FENCE AT TOP OF SLOPED EMBANKMENT EXISTING RUNNING WALL EXISTING SLOPED EMBANKMENT DOMING SHACK BAR AND STORAGE BUILDING TO REMNN TOP OF POLE COSTING GRADE PROPOSED LIGHT STANDARD FOR CIRCULAR WRELESS EXISTING LIGHT STANDARD TO - BE REMOVED (SHOWN DASHED) PROPOSED CIRCULAR WIRELESS 10'-0" x 16'-0' WOOD FRAMED EQUIPMENT SHELTER ION CONCRETE SLAB. PROFILE OF EXISTING BUILDING IN FOREGROUND (SHOWN DASHED) ATTIC VENT PROPOSED WAIL MOUNTED AIR CONOMONER UNITS `EXISTING GRADE EAST ELEVATION NIGJWl=u. ra PROPOSE) TELCO SPLICE BOX PROPOSED LUG BOX - FOR EMERGENCY GENERATOR CONNECTION PROPOSED 42' HIGH GUARDRAIL EXISTING AT&T 'ARElE55 ANTENNAS EXISING SLOPED EMBANKMENT (BEYOND) EX60NO TELECOMMUNICATIONS EQUIPMENT ROOM FOR AT&T WIR11R R (NOT PART OF THIS APPLICATION) COSTING LIGHT STANDARD FOR AT&T WIRELESS TG ROOM (NOT PART OF THIS APPLICATION) ELECTRICAL CONTROL PANEL PROPOSED 7'-0' HIGH WROUGHT IRON FENCE AND GATE TO MATCH EX8TNG WAIL MOUNTED LIGHT FIXTURE STEEL DOOR AND FRAME SOUTH ELEVATION erxeu_rr PROPOSED LIGHT STANDARD FOR CIRCULAR WIRELESS ATTIC VENT EXISTING CONCRETE BLOCK RETNNING WALL TO REMNN EXTERIOR STUCCO FINISH (SHOWN SHADED) PROPOSED 42' HIGH GUARDRAIL WEST ELEVATION BDV.E COSTING SHACK BAR AND STORAGE BUILDING TO REMAIN PROPOSED TELCO SPLICE BOX Blom �� ARCHITECTURE :1 FLAIL Illiy +o o+ .0 cot.. c4 .ion two 111 PREPARED FOR xangular- WIRELESS 6170 CORNERSTONE CT., SUITE 180 SAN DIEGO. CA 92121 APPROVALS R.F. DATE ZONING DATE CONSTRUCTION GAZE SITE ACQUISITION DATE OWNER APPROVAL DATE PROJECT NAME EL TOYAN PARK PROJECT NUMBER SD-534-01 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO DRAWING DATES 1/29/03 PRELIM ZD REVIEW (JAB) 2/5/03 FINAL Z0 REVIEW Qmt) 4/8/03 PRELIM CO REVIEW (JAB) 4/16/03 FINAL co (JAB) SHEET TITLE EXTERIOR ELEVATIONS PROJECTS\cinguAv\0300:cd\03CO2cg5AWG A-6 EXHIBIT D PLANNING DEPARTMENT RESOLUTION (ATTACHED) 23 RESOLUTION NO. 9-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN EL TOYON PARK, AT 2005 E. 4TH STREET APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-5 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in El Toyon Park, at 2005 E. 4th Street at a duly advertised public hearing held on April 7, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-5 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 7, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small 160 square foot facility can easily be accommodated within this 10.3 acre portion of the park. 2. That 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 the facility will typically be visited one to two times per month and can be accessed by an existing paved service road from U Avenue, a residential collector street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility is designed to be no more obtrusive than the light poles in the park. Additionally, the equipment enclosure has been designed to be compatible with the adjacent snack shop. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction and operation of a wireless communications facility up to 104 feet tall in El Toyon Park, at 2005 E. 4th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2003-5. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. Plans submitted for all permits shall be consistent with Exhibit B, Case File no. CUP-2003-5, dated 3/26/2003. 3. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. Additionally, plans should note that the exterior materials and colors will be compatible with the existing accessory structures in the park. 4. Plans should note that the new pole and antennas will be painted with non -reflective paint to match the existing poles. 5. 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 Ir. y 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. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. Exterior walls of buildings/poles to a height of not less than 6 feet 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. 9. Cingular Wireless shall obtain an approved lease agreement with the City of National City prior to the construction of the wireless communications facility. 10. Plans submitted for all permits shall include a fire suppression system approved by the National City Fire Department. 11. 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. �.S 12. 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 Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and fmal on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 21, 2003, by the following vote: AYES: pRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: CARRILLO 1768000 City of National City Attn: Burton S. Meyers Public Works/Engineering Director 1243 National City Blvd. National City CA 91950 ACORD 25-S (7/97) PRO ACORD,„ CERTIFICATE OF LIABILITY INSURANCE 12/01/2003 LOCKTON INS.AGENCY OF DALLAS, INC. 717 N. HARWOOD, LB#27 DALLAS TX 75201 214-969-6700 DATE (MMIDD/YY) 05/28/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED 1024338 CingularWireless, LLC 5565 Glenridge Connector, Suite 1800 Atlanta GA 30342 INSURER A: Pacific Employers Insurance Company INSURER el: National Union Fire Insurance Co. INSURER c: Lexington Insurance Company INSURER D: Allied World Assurance INSURER E : COVERA GO THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR t ra TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE fmniunn YYI POLICY EXPIRATION DATE (pAMirnox1 A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY HDOG20579274 12/01/2002 12/01/2003 LIMITS EACH OCCURRENCE $ 1 000,000 FIRE DAMAGE (My one fire) $ XXXXXXX CLAIMS MADE X OCCUR MED EXP (My one person) $ Excluded PERSONAL B ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 10 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1000,000 PRO- POLICY JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS S N BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY- EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: XXXXXXX B EXCESS LIABILITY OCCUR CLAIMS MADE BE2859952 12/01/2002 12/01/2003 AGG EACH OCCURRENCE 5 $ 5,000,000 AGGREGATE $ 5,000,000 UMBRELLA DEDUCTIBLE x XXXXXXX FORM RETENTION $ $ XXXXXXX $ XXXXXXX A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WLRC43503200 AOS SCFC43503248 WI 12/01/2002 12/01/2002 12/01/2003 12/01/2003 X 'mc sraru- Er TORY LIMITS ER $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 C D OTHER All Risk Property Replacement Cost 1281650 AWAC 1281650 03/15/2003 03/15/2003 03/15/2004 03/15/2004 S1,000,000 000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHIGLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Installing and Maintaining Equipment at SD-534-01/EL Toyan Park. Location: EL Toyan Park/2005 East Fourth Street, National City, CA 91950. Lessor shall be named as Additional Insured. rcorrcrrnry ur, .,r,.. I „ ONAL INSURED; INSURER LETTER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR -TO- MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILrrY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988 LID b-S City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2003 AGENDA ITEM NO. 24 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT WITH CINGULAR WIRELESS, FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN EL TOYON PARK PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering 336-4383 EXPLANATION Cingular Wireless desires to lease a portion of El Toyon Park to install and operate an equipment room and antennae facility. The equipment room and antennae facilities shall be used for the operation of their communication business. On April 21, 2003 Resolution No. 0-2003 of the Planning Commission approved Conditional Use Permit CUP-2003-5 allowing Cingular Wireless the use of the portion of El Toyon Park. Cingular Wireless intends to construct a new equipment room and antennae facilities in the same portion of El Toyon Park as the existing GTE Wireless installations. The proposed antennae facilities shall consist of removing an existing light pole and replacing it with a new 100 feet high light standard and mounting an antenna on top of this new light pole that will blend with the existing installations. The finish of equipment room will match the snack bar that is in the park. In 1999 GTE Wireless of the Pacific leased a section located in the north side of the baseball field in El Toyon Park for the purpose of installing an equipment room and antennae facilities. The proposed �Cingular facilities are similar and the attached agreement has been modeled after the 1999 GTE Wireless agreement. Environmental Review x N/A Financial Statement Approved By: The cost of installing, operating and maintaining the facilities shall be borne by Cingular Wireless. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. L BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-116 1. Resolution 2. Agreement 8th1 A-200 (9;991 RESOLUTION NO. 2003 —116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH CINGULAR WIRELESS FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN EL TOYON PARK WHEREAS, Cingular Wireless desires to lease a portion of El Toyon Park for the installation and operation of an equipment room and antennae facilities which shall be used for the operation of their communication business; and WHEREAS, at a regular meeting of the Planning Commission held on April 21, 2003, the Commission adopted Resolution No. 9-2003 approving the Conditional Use Permit CUP-2003-5 allowing Cingular Wireless the use of a portion of EL Toyon Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a lease agreement with Cingular Wireless a portion of El Toyon Park for the installation and operation of a wireless communication equipment room and antennae facilities. Said agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2003. nzunz, Mayor ATTEST: fl Mich -el R. D Ila, ¢ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on August 5, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Parra. Nays: Councilmember Natividad. Absent: None. Abstain: Councilmember Ungab. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Citylerk of the City' ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-116 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2003. City Clerk of the City of National City, California By: Deputy