The URL can be used to link to this page

Home My WebLink About2006 CON Sprint PCS Assets - Lease Amendment Sweetwater HeightsFIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement is entered into this 3rd day of October, 2006, by and between the City of National City, a municipal corporation ("Landlord") and Sprint PCS Assets, LLC, a Delaware limited liability company ("Tenant"). RECITALS A. Landlord and Tenant entered into a Lease Agreement for a portion of Sweetwater Heights Park on May 7, 2002, for the installation and operation of an equipment room and certain antenna facilities for use in connection with Tenant's communications business. B. Tenant has requested an amendment to the Lease Agreement in order to accommodate changes in the equipment located on the leased premises. C. Accordingly, the parties are entering into this First Amendment to Lease Agreement on the terms and conditions set forth below. In consideration of their mutual covenants, the parties agree as follows: 1. Amendment to Exhibit "C". Exhibit "C" to the Lease Agreement is hereby amended by adding Attachment "1" thereto, which is incorporated herein by reference. 2. Amendment Subject to Conditions. This First Amendment to Lease Agreement is subject to the requirements set forth in the August 15, 2006 letter from National City Planning Technician Martin Reeder, attached hereto as Attachment "2" and incorporated herein by reference. Other Terms and Conditions in Effect. With the foregoing exceptions, each and every term and condition of the Lease Agreement dated May 7, 2002, shall remain in full force and effect. LANDLORD CITY OF NATIONAL CITY By: Nick`3 i uunz Title: Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney TENANT SPRINT PCS, LLC Delaware Limited Liability Company Title: ft/EW S/ar Sit/Go m By: Title: UM 1 a A - pq�q a ma 3... ua i •ry \� Sprint- 0 `� Together with j NEXTEL ,� �°" \, , —�J ll li, >Tex li i o CA6465 / TONAWANDA / SD34XC505H _� '° ! , y 11� y I ( „ CAGLE S STOCKMAN, NATIONAL CITY, CA 91950 _..1�11. L I I 1 l I I 1 -...- 1 1 1 I I I I I I ' ' I 1 , ♦• weawN n. Sun., of SplrapWbn I I � immommomminEm Sprint cNPR. With NLXTEL 1 Soma i y`�^""'^^•!^'^♦!♦'• eu.un..e.mlrY,y�♦ OWELTIOM5 iO6RE W.,. ZONING'RNININGINRWS: ACCESSIBILITY g5[WMEIe EA Alma. � _ SSP SW DIEGO Sant OW. . - p., m �S TE .In. realLer .16 N xw mxERn O .� �' �.N wWp a v.Y......,r.aNXm.n.u.n xr maw... .r.....""'".n.m......e.ra. 3 M e!'Rx nR TOMO oaw,a.r -.a e. R wr. ro..R .%..,sr w.xanemmono reels upu xw Y1 nexw Mr ul Was./SIMS.- so wr. nus.Imw.T vrwnwwa,To r.xvwlF.. o. r. rxa xc >*, .mr ova Dune rvwa am nT C a< nrt A4LBISECT INITIALS : CONSTRUCTION NM. XrewxR.nw n.,.e axrn+... op..nmx. w nE :mii:ae.... rse.r was xswm.wss 0 . ... ��4.+. WOE S. Ra RTF<T STATE -MT .qa V�yj ..e.. rr....,rwr.w. _ apu✓n. is mompro.M..... i 2::`,„tl.sa . ._. ill .. 111111 .' 61IE ACQUISITION INITIALS' LANDLORD IfI1N.A Essay wrvr nwr TISS p�Ncr ` seer „..Waal p.rz o.rt _ mwmar o SPECIAL INSPECTION : III -■�■�■■I■I - yJPL1ANGE : DIRECTIONS TO SITE II ■�E�■■IE ■� _ VICINITY MAP __�� ■ F . CLIENT APPROVALS - � I .TITLE 24 CON r �y. '. on w.aTw.axwan.bw.ouWn ��- 1 ��I� III mTa TELECCMMUfNGngl :' 11 _I a --y ljaa a. ..mX ._^' cAfl _ III .....,,, cery w HNe49LE Wtl' IuI.reER ARCI-VECTS ~ l U �♦ NF SREAODT x0 C... Tto w lMY.TY y I� architec CW lela�G [ an Trse IU X63 T c0.RT WIrtX 0 I� ). Y. I'FdYIX4 fWE 7. rNM' 45a1Y.444i p nRe wW2:T a^wr.MN. a4vM1 nY xmaraweVl J IM1 /X� yµ �' yx IANMORO LANDLO�CONTACT 0.1 e!e C-mt IWO I tKmO /4 ,w V�V V !. Ma.w µuaa nVMTPYI UR - WeT arcam U, I.MI.V+)tl .0 vR es. nno VI uxv na' rt., u.unc urn• Ltpw traTUT: MT ewa te.arR* nwacal .` q •. ; X.NI Sr.. TUVi 0.1� APPLICANT YS .L.am RR fl.. W )16 MO� x..,.., QeD..“, t!sml emu. 9uR xK o-fA mi n s w m O 11 u.uxnR aeSnis snse m xv,auL Xo,a e tlpXla LJa a .wlavi . N!♦., a,.a.,.a v fle ma-„m a mo-.,oe eA. _ H H U . PSS!SSORS P, ca NUM1OER n-. ,c,,,,. .'NmM.G 9 4. i� j CURR H. CURREM20NING 6PflINgFREOBLpG t ly sI wx UCPGiAEPCfA G- e."w n NCCOfN. p, T a.uli c♦nNyra TOYJCEPCGETCN$OLLYNR_SITOTCCEL STRUCTION VaPEwRI M.�a.....w. .w----nn O' PTiRpUKCT$IOCNR:yBIUN-x)I X MiqN.w.wXa.uYx..wns.. 4uw ---..W,.rmr~ ..nruur... Ns .. m.eN m......yvn......., T.HT XPT6 Af1.R.Ta IFSRVE RS IMYINn en6Fds K.iny l4y.RrtlNS ME sxIK MWT Mrr¢ mn.nf iv'Rr NLL ef:Aiatm t!)�•eNX61 [aIMW'i fMelIRR PBWnW ECO -♦U P (` _ :r�� ,.. �d..m II .wxx ". aawTI.Wn(�elpTxT�6 a wnwow =L. lTN� — 00101 .. e aim - pE3: •r.WrnT mF 595 ..m.eae • wew .ums .w. m....mu..n�e.MYm.. rnwr.emmr II, A:FµPEOUFN. unrvce M6 rMZ LPYwrvm_.. I - . eEl m.nw+.m.ns..e. v®w:.L w xa N II NO _ _X, _ w wi sTnu'. X�il li♦ar —� EOidl 3. I, l... ■ :SPECIAL INSPECTION' I. �APPLICABLE CODES : L ■M , PROJECT SUMMARYIA IEMEM ■. CONSULTANT TEAM', � SHEET r_oo -E■�■a� INDEX Plan r -.-k Na: Attachment 1 le) me. zimuu OSITE PLAN ([),vn rtootu —([) . PT. P. vSL el rucmw etwc-uu rM.-0, Ifib,) xu. et¢ Mine.' MGM. rJM xb M1RE urpau,KK LEa O.C131 mx 1.% WPM 11,110 MP,. P6170 BMW PP P. UMW POP POPP CarlIVILI AM, NC CI 0.1114,..11 Or m: w.. e.OW. er. Par reNEMO a ir..e. Plan Cheek No: enms 01110.11000.= DR 220002 d>( 99d . mG01 INC10112021101[2UMMO0 NIL �01f 04 MID. 00 20020 WV P. 1002 MnmTT. I11111111111111111 g111111n lnrrm(I%1 Ili 11111 �i111R941Rqf,__.,JU{19�IingI1IP111 eMALL u®M w a wr 1 rmuc mrex ®SOUTH ELEVATION 01 s� ,ire• _ �'b� 1204 00021102 ®n002 0u0wxe N.9 xiu%1[010mm AL siIvwlm uo MnreO MT, 1.12110021 e021102.- 422000 w wun ®WEST, ELEVATION os vie•• _ e� (DEAF ELEVATION 11mnm1m111mm11IB1N1h]1(llmiri1111 1�1p1111111111111 111111lIII111I1111111111111 ®NORTH ELEVATION oa �v,e�_e 0200 .021,1202. ca20000„02 All 02/1022 MILKEDWM XCU IW2F [0.001i. MO w....wu110.0010 021,202 0i [2-4 (0 00171[06 01010-VJUN. eurwom02 ec 012.02110 )M PI® Check No: ENLARGED S=TE PLA1�T TONAWANDA CAB46J NA ION. L STOGILT, C MAN NATIONAL CZ'1'Y. G 91950 i.•=2 wi um.. NO architecture %I "leI♦ J architecture 0 (E) EQUIPMENT ENCLOSURE PLAN m NEW EQUIPMENT ROOM LAYOUT PLAN Plan Check Na N 0 0 0 4 0 0 0 U City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR August 15, 2006 Sprint Nextel C/o: Anne Ford 5761 Copley Drive, Suite 100 San Diego, CA 92111 Subject: Conditional Use Permit for a Wireless Communications Facility at4820 - Cagle Street, National City, CA 91950 Dear Anne, This letter is to inform you that based on photo simulations and associated materials you submitted August 9, 2006, the Planning. Department has determined the proposed modification to be in substantial conformance with CUP-2001-2 for an existing Wireless communications facility at this site. Thus, a modification of the original Conditional Use Permit is not required. However, there will be stipulations as follows: 1. The facility shall conform with the Conditions of Approval for CUP-2001-2 (see attached Resolution). 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The plan should indicate that the vines on the west side of the existing shelter will be relocated/replanted to screen the new building addition, and that the dead palm trees will be replaced in kind. The landscape plan should be included with the materials submitted for a building permit. The plans and especially the photo simulations you submitted were instrumental in helping us make this decision. Thank you. If you have any questions please call me at (619) 336-4319. Sincerely, MARTIN REEDER Planning Technician Attachments: Planning Commission Resolution 11-2002 Cc: George Eiser, City Attorney Miguel Diaz, Parks Superintendent ATTACHMENT 2" ® Recycled Paper TRANSMITTAL MEMO DATE: TO: FROM: RE: Anne Ford 5761 Copley Drive, Suite 100 San Diego, CA 92111 Office: Mobile: Fax: 9/27/06 Mr. Eiser / Ms. Orcutt Anne Ford SprintNextel "Sweetwater Hgts" SDS34XC505 (858) 650-4253 (619) 454-1839 (858) 650-4202 Enclosed for the City Council hearing and full execution are two (2) original, signed lease amendments for the Sprint wireless facility located at Sweetwater Heights Park. Please return one fully executed original to my attention upon completion. Thanks, Anne Ford RESOLUTION NO. 2006 - 208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC, FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PREMISES WHEREAS, on May 7, 2002, the City entered into a Lease Agreement with Sprint PCS Assets, LLC (Sprint), for a portion of Sweetwater Heights Park to allow Sprint to install and maintain cellular antenna facilities on the leased premises; and WHEREAS, Sprint has requested an amendment to the lease in order to accommodate changes in the equipment located on the leased premises; and WHEREAS, the Planning Department has determined that the new equipment is consistent with. the Conditional Use Permit that was previously approved for the antenna facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Lease Agreement with Sprint PCS Assets, LLC, for a portion of Sweetwater Heights Park, in order to accommodate changes in the equipment located on the leased premises. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. //1I zunza, Mayor ATTEST: 4 Mic :el Dalla, e/ Clerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 3, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad , Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National 1 ity, California A City C -rk of the C. of atonal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-208 of the City of National City, California, passed and adopted by the Council of said City on October 3, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PREM SES PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney The City entered into a Lease Agreement on May 7, 2002, with Sprint PCS Assets, LLC for a portion of Sweetwater Heights Park to allow Sprint to install and maintain cellular antenna faciltiies on the leased premises. Sprint has requested an amendment to the lease in order to accommodate changes in the equipment located on the leased premises. The Planning Department has determined that the new equipment is consistent with the CUP which was previously approved for the antenna facilties. The proposed resolution would approve the proposed lease amendment. Environmental Review Ni N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Amendment to Lease Agreement Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC, FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PREMISES WHEREAS, on May 7, 2002, the City entered into a Lease Agreement with Sprint PCS Assets, LLC (Sprint), for a portion of Sweetwater Heights Park to allow Sprint to install and maintain cellular antenna facilities on the leased premises; and WHEREAS, Sprint has requested an amendment to the lease in order to accommodate changes in the equipment located on the leased premises; and WHEREAS, the Planning Department has determined that the new equipment is consistent with the Conditional Use Permit that was previously approved for the antenna facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Lease Agreement with Sprint PCS Assets, LLC, for a portion of Sweetwater Heights Park, in order to accommodate changes in the equipment located on the leased premises. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement is entered into this 3rd day of October, 2006, by and between the City of National City, a municipal corporation ("Landlord") and Sprint PCS Assets, LLC, a Delaware limited liability company ("Tenant"). RECITALS A. Landlord and Tenant entered into a Lease Agreement for a portion of Sweetwater Heights Park on May 7, 2002, for the installation and operation of an equipment room and certain antenna facilities for use in connection with Tenant's communications business. B. Tenant has requested an amendment to the Lease Agreement in order to accommodate changes in the equipment located on the leased premises. C. Accordingly, the parties are entering into this First Amendment to Lease Agreement on the terms and conditions set forth below. In consideration of their mutual covenants, the parties agree as follows: 1. Amendment to Exhibit "C". Exhibit "C" to the Lease Agreement is hereby amended by adding Attachment "1" thereto, which is incorporated herein by reference. 2. Amendment Subject to Conditions. This First Amendment to Lease Agreement is subject to the requirements setforth in the August 15, 2006 letter from National City Planning Technician Martin Reeder, attached hereto as Attachment "2" and incorporated herein by reference. 3. Other Terms and Conditions in Effect. With the foregoing exceptions, each and every term and condition of the Lease Agreement dated May 7, 2002, shall remain in full force and effect. LANDLORD TENANT CITY OF NATIONAL CITY SPRINT PCS, LLC Delaware Limited Liability Company By: Nick Inzunza Title: Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Title: By: Title: S rint°�� p �' Together with NEXTEL CA6465 / TONAWANDA / SD34XC5O5H -; i.. CAGLE 8. STOCKMAN, NATIONAL CITY, CA 91950 T• • M . fi.rrYYrwr.r ♦ 1ri.NalrwrayrYa Ww... WaM�a N y.Rrr.r n nyW nl x.yrarraa.auaYwrr�r rurr.T P rV'�iwa� rnu..rNarrM rt �w'rr.lnr♦u..YYNd.N.. ♦�N�r.rN...ra...r U 4u�nY..� a.N.♦.vr . rri ♦rir� n >a.ra�w+.nuar+rs . SPECIAL INSPECTION. ar.�r♦Nuu.u..«nwV.rwnarrarr.ru :u.arn.uurwaNwY.��w� a�u .±r �..uurrr4NSnC4.nwuwMY ..arr.�YYu..aty uw ♦:::=e�FrYYva♦Nar....e j. N4raarry. Y.w.+� r♦.rrNrw♦a r.u.r..rra♦. a4Y�N aa:yranA.l�r.a♦.nrNwp.r. : SPECIAL INSPECTION' O RE0.4.9 TOWRE I.T♦NMI IMM..M NNM.ao l.n 1 TY[ M TEM MOM Pf-PipW MVOMO MOMS lf4M dT MT �bOIPPPfV1A.V4 [tM t < OWN.. V, MEG, NiWW rt-patn MOM .T VA RI.YYn N. VN YVY� U RN . DIRECTIONS TO SITE . • 1 ML1M4 NT=ITVm uNN'ldL l6[4 uax cur. (MU.1 MM. lmwrr. we - m uMPv i l.xlsx o-M-MML-m Nnwrx-*KITr W▪ TP�]. ql 4YTYIF 6,211. wumduw MM.c lleP.ms drw.n ..P._.. MMTM MM. . rtxeacS.mrva l..R) WN.a IS. M , (bin) ▪ mew. eemer_imael IL mammas ....Tones 1.11...maTiM arm COOS) KWJ41011 M A, (.. ' APPLICABLE CODES : TOIM Mt MOWRY MI CURRENT2IXWC: SPRW*GSWO&LG: )EI OGCOPMCY (1I1 OCC rfCY: IE)T11•E O`COt 1ROCT.. IN, TYPE a CONSTRUCTION: PRO.EGTOFSCRPTICM'. SCR N CMMAIM1pt ILyR R TITS TM RATING FAEQIEICEs TTUw A. ma of-w. : PROJECT SUMMARY : T3 MIIrytlR 2ONIN.PTAMmPG91RA(5: ARCHITECT INITIALS: CONSTRUC1tlNWRVL9: SITEACC4$MPN1YRLLS: WOLOPO NY1INS CONSULTANT TEAM - 'fUIiT STATEMENT ATEME T Attachment 1 0 E g Y if S=TE PLAN S� 1�TOT�S TONAWANDA =.. �A.s46� Sprint' ,,. �.�S cAOig S STOCKMAN OCKAN 1bRt11H tl with IR M " ' i'il./ AN.E YT NATfONV..G.-CCM 91930 ' 3" «[ architecture Dillikrebell 1 architecture IIIIi111111111111111111i1111111111111111111111 1 g•111111111111111111111111RIIlZ1111111 mI mnulm 111111111111111111111,1 111111111111111.11111i 4 or ns ma DI IMId M... mXRfpf MLL R 116gJ11. IA/[d MIM XpMP.CXTtd1. amw.6m te,`... swnm we azn7aal?gaz8 Iw) wlfq�nrt 4(m� i *NW ltl%HI VII.w+ UlW 1 1.wads zniaaligazn 0s616 YJ'AY..1VNOLLvu NtlIATXJOSS'V 8-c.v. VGNVMVNO,L 1, ENLARGED SITE 0 ..ty.} ,K> --. 1,661.6.13 oa (E)_EQUIPMENT ENCLOSURE PLAN eNEW EQUIPMENT ROOM LAYOUT PLAN 0 e!! 6 Mr aim m05110 Plan Check No: D-501 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR August 15, 2006 Sprint Nextel C/o: Anne Ford 5761 Copley Drive, Suite 100 San Diego, CA 92111 Subject: Dear Anne, Conditional Use Permit for a Wireless Communications Facility of-3820 -- Cagle Street, National City, CA 91950 This letter is to inform you that based on photo simulations and associated materials you submitted August 9, 2006, the Planning. Department has determined the proposed modification to be in substantial conformance with CUP-2001-2 for an existing Wireless communications facility at this site. Thus, a modification of the original Conditional Use Permit is not required. However, there will be stipulations as follows: 1. The facility shall conform with the Conditions of Approval for CUP-2001-2 (see attached Resolution). 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The plan should indicate that the vines on the west side of the existing shelter will be relocated/replanted to screen the new building addition, and that the dead palm trees will be replaced in kind. The landscape plan should be included with the materials submitted for a building permit. The plans and especially the photo simulations you submitted were instrumental in helping us make this decision. Thank you. If you have any questions please call me at (619) 336-4319. Sincerely, MARTIN REEDER Planning Technician Attachments: Planning Commission Resolution 11-2002 Cc: I/e Eiser, City Attorney Miguel Diaz, Parks Superintendent ATTACHMENT "2" ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 9, 2006 Ms. Anne Ford SprintNextel 5761 Copley Drive Suite 100 San Diego, CA 92111 Project: National City — First Amendment to Lease - Sweetwater Park Dear Ms Ford: On October 5, 2006, the City Council of the City of National City passed and adopted Resolution No. 2006-208 authorizing an amendment to the lease with SprintNextel at Sweetwater Heights Park. We are pleased to enclose one fully executed original contract and one certified copy of the Resolution for your records. Should you have any questions, please contact the City Attorney's Office at (619) 336-4220. Sincerely, Michael R. D City Clerk MRD Enclosure cc: City Attorney Planning File C2002-25 Rervclel Paner