HomeMy WebLinkAbout2006-07-19 STAFF REPORTS 1E *I?ALM SAR
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F</FORN�P CITY COUNCIL STAFF REPORT
DATE: July 19, 2006 PUBLIC HEARING
SUBJECT: OMNIPOINT COMMUNICATIONS — T-MOBILE CASE NO. 5.1106,
CONDITIONAL USE PERMIT, REQUESTING APPROVAL TO REPLACE
A STADIUM LIGHT POLE WITH A NEW STADIUM LIGHT POLE /
WIRELESS COMMUNICATION ANTENNA AND LEASE SPACE FOR
EQUIPMENT CABINETS, LOCATED AT SUNRISE PLAZA PARK
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a proposed ninety-foot communication facility, along with
the environmental assessment and Negative Declaration for the project.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER
5.1106, CONDITIONAL USE PERMIT APPLICATION, FOR THE
REPLACEMENT OF A STADIUM LIGHT POLE WITH A NEW NINETY FOOT
TALL STADIUM LIGHT POLE / WIRELESS COMMUNICATION ANTENNA AND
SEVEN FOOT TALL FENCE TO ENCLOSE EQUIPMENT CABINETS WITHIN A
346-SQUARE FEET LEASED AREA, LOCATED AT 450 SOUTH SUNRISE
WAY (PALM SPRINGS STADIUM), O ZONE, SECTION 13, T4S, R5E."
3. Adopt Minute Order No. approving a lease agreement, in a form acceptable
to the City Attorney, with Omnipoint Communications, Incorporated (dba T-
Mobile Communications), a Delaware based corporation, for certain public
property located at 450 South Sunrise Way (Palm Springs Stadium) for the
purpose of constructing and operating a wireless communication facility.
Item No. . C .
City Council Staff Report
July 19,2006 -- Page 2 of 3
5.1106 CUP
PRIOR ACTIONS:
On June 12, 2006, the project was reviewed by the Planning Commission which
adopted a recommendation of approval to City Council (by a vote of 6-1, Flochanadel
opposed). Minutes of the Commission meeting regarding this request are attached.
STAFF ANALYSIS:
The project consists of a Type II Conditional Use Permit (CUP) application to
conditionally establish the use of a wireless communication antenna with the necessary
findings, pursuant to Section 94.02.00 of the Palm Springs Zoning Ordinance. The
proposed project would be located at the Palm Springs Stadium and includes
replacement of an existing seventy-eight foot tall stadium light pole with a light pole and
wireless communication antenna at a total height of ninety feet.
A. more detailed analysis is provided in the attached Planning Commission Staff Report
dated June 14, 2006. Findings in support of approving the proposed project are
included in the attached draft resolution of approval.
Since the project is located at the Palm Springs Stadium, which is public property, a
lease agreement between the City and the applicant has been prepared by the City
Attorney's Office. The proposed term of the lease is for a period of five (5) years and
may be extended for five (5) additional, five (5) year terms at the City's discretion. The
minimum monthly rent is set at $1,500 and is subject to automatic adjustments each
year based on the percentage change in the Consumer Price Index (CPI) for the 12
month period preceding the anniversary date. In addition, to the rental payment
described above, the tenant is required to pay the City a one-time sum of $5,000 to
cover the City's costs to negotiate and enter into this lease.
FISCAL IMPACT: Finance Director Review:
There is no cost to the City associated with the construction of the proposed wireless
communications facility. If the City Council approves the lease, the City is projected to
receive approximately $18,000 per year in rental income from the site.
,CraIKA. jawing;�CP Thomas Wilson, Assistant City Manager
Director of Tnnpg Services
David H. Ready, City Ma
City Council Staff Report
July 19,2006 -- Page 3 of 3
5 1106 CUP
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Conditions of Approval
4. Minute Order
5. Site Plan and Elevations
6. Planning Commission Staff report 6/14/06
7. Planning Commission Minutes dated 6/14/06 (Excerpts)
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CITY OF PALM SPRINGS
CASE NO: 5.1106 CUP DESCRIPTION: To consider replacing a seventy-
eight (78)foot stadium light pole with a ninety (90)
foot wireless communication antenna with stadium
APPLICANT: Omnipoint Communications, Inc. lighting and equipment shelter at the Sunrise Plaza
Park, Zoned O, Section 13.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NUMBER 5.1106,
CONDITIONAL USE PERMIT APPLICATION, FOR
THE REPLACEMENT OF A STADIUM LIGHT POLE
WITH A NEW NINETY FOOT TALL STADIUM LIGHT
POLE / WIRELESS COMMUNICATION ANTENNA
AND SEVEN FOOT TALL FENCE TO ENCLOSE
EQUIPMENT CABINETS WITHIN A 346-SQUARE
FEET LEASED AREA, LOCATED AT 450 SOUTH
SUNRISE WAY (PALM SPRINGS STADIUM), O
ZONE, SECTION 13, T4S, RSE.
WHEREAS, Omnipoint Communications, Inc. (the "Applicant") has filed an application
with the City pursuant to Section 94.02.00 (B) of the Palm Springs Zoning Code, for the
installation of a Commercial Communications Antenna on a ninety foot (90') tall stadium
light pole and a fenced lease area for equipment within the Palm Springs Stadium,
located at 450 South Sunrise Way, O Zone, Section 13; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Conditional Use Permit 5.1106 was given in
accordance with applicable law; and
WHEREAS, on June 14, 2006, a public hearing on the application for project was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented, and has
recommended that the City Council approve Case Number 5.1106; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1106, Conditional Use Permit, was given in accordance with
applicable law; and
WHEREAS, on July 19, 2006, a public hearing on the application for project was held by
the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented; and
WHEREAS, the proposed Conditional Use Permit is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15303 (New Construction or Conversion of Small Structures).
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The City Council finds that this Conditional Use Permit is categorically
exempt from environmental assessment per Section 15303 of the California
Environmental Quality Act (CEQA) in that Section 15303 states that installation of small
new equipment is exempt from CEQA.
Section 2: Pursuant to Section 94.02.00 (B)(6) of the Palm Springs Zoning Code, the
City Council makes the following findings:
a. The use applied for at the location set forth in the application is properly one for
which a conditional use permit is authorized by the City Zoning Ordinance,
because pursuant to Section 94.02.00(A)(2)(f) Palm Springs Zoning Ordinance, a
commercial communications antenna is authorized in the O (Open Space) zone
pursuant to approval of a Type II Conditional Use Permit.
b. The use applied for is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located, because
General Plan Policy 8.2.6 states "The shared use of major transmission corridors
and other appropriate measure shall be encouraged as a means of preserving
the aesthetic resources of the City and to lessen the visual impacts of such
development. The City shall work with the appropriate agencies in developing
these corridors for recreation use", and this antenna is located on a stadium light
pole similar to three other light pole / antenna installations.
C. The site for the intended use is adequate in size and shape to accommodate said
use, including yards, setbacks, walls or fences, landscaping and other features
required in order to adjust said use to those existing or permitted future uses of
the land in the neighborhood, because the site for the communications antennae,
within the Palm Springs Stadium is a large (34.58 acre site), open recreation
facility with substantial setbacks from surrounding residential development.
d. The site for the proposed use related to streets and highways is properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use, because the only trips generated by the said use will be
occasional maintenance traffic and adequate access, paving, and parking are
provided on-site.
e. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety and general welfare, including any
minor modifications of the zone's property development standards, and include
conditions for removal of antenna upon use-change or abandonment of the
subject property, compliance with all Federal Airport.Administration requirements,
Resolution No.
Page 3
and landscaping to be submitted for final review by the Director of Planning &
Zoning or designee.
Section 3: The City Council approves Case Number 5.1106, Conditional Use Permit.
ADOPTED THIS 19th day of July, 2006.
David H. Ready, City Manager
FATTEST:
James Thompson, City Clerk
Resolution No.
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on March Vt 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
EXHIBIT A
CONDITIONAL USE PERMIT 5.1106
T-MOBILE
450 SOUTH SUNRISE WAY
JUNE 14, 2006
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire
Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Case 5.1106 - CUP. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
2. Commencement of use or construction under this Conditional Use Permit shall be
within two (2) years from the effective date of approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
3. If the communications antennae, monopole, monoplam or equipment building are
ever proposed to be modified in any manner such as the inclusion of other antennae,
satellite dishes and/or other support equipment, the proposed modifications shall be
submitted to the Director of Planning Services for review and approval prior to
installation.
4. If the technology regarding the communications antennae changes in where the
antennae and/or equipment building as approved become obsolete, then the
antennae shall be removed.
5. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Conditional Use Permit application.
6. The maximum height of the commercial communication antenna shall be ninety feet
(90'), as indicated on the conceptually approved plans, as measured from finished
grade to the highest point of the stadium light pole.
7. If the lease agreement between the City and the applicant expires and is not
removed, the CUP will become null and void, and the applicant shall remove the
antenna and equipment to the satisfaction of the Director of Parks & Recreation.
8. If the antennae and/or stadium are ever abandoned or if this Conditional Use Permit
ever expires, the stadium and antennae shall be removed within 30 days.
9. Manufacturer's cut sheets of the proposed antennae shall be submitted to the
Director of Planning Services prior to the issuance of permits for installation of the
commercial communications antennae.
10. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
11. The applicant shall comply with the requirements of the Federal Aviation
Administration. Proof of compliance shall be provided to the Director of Aviation to
the Director of Planning Services prior to the issuance of building permits.
12. The City may require one obstruction light on the tallest point of the structure
extending 12" - 24" above the highest point of the tower as deemed necessary by the
Director of Aviation and the Director of Planning Services.
13. The applicant/operator of the facility shall agree to allow the co-location of equipment
of other wireless communications providers at this site when applications are
received by the City and it is considered feasible, subject to an agreement between
the applicant/operator, the other proposed wireless communications provider, and
the property owner.
14. The applicant shall submit a final landscape plan that will screen the equipment area,
subject to approval by the Director of Planning and Zoning and/or designee.
Landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
POLICE DEPARTMENT
15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
16. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
17. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible from
the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum
4 inches, and of contrasting color to the background.
18. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher
for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above
floor level. Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
19. Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6
feet above grade. Show location of box(es) on plan elevation views. Show
requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
ENGINEERING DEPARTMENT
20. None.
MINUTE ORDER NO.
APPROVING A LEASE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
OMNIPOINT COMMUNICATIONS, INCORPORATED (DBA
T-MOBILE COMMUNICATIONS), A DELAWARE BASED
CORPORATION, FOR CERTAIN PUBLIC PROPERTY
LOCATED AT 450 SOUTH SUNRISE WAY (PALM
SPRINGS STADIUM) FOR THE PURPOSE OF
CONSTRUCTING AND OPERATING A WIRELESS
COMMUNICATION FACILITY.
---------------
I HEREBY CERTIFY that this Minute Order, approving a lease agreement, in a form
acceptable to the City Attorney, with Omnipoint Communications, Incorporated (dba T-
Mobile Communications), a Delaware Based Corporation, for certain public property
located at 450 South Sunrise Way (Palm Springs Stadium)for the purpose of
constructing and operating a wireless communications facility was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day
of July, 2006.
James Thompson
City Clerk
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PLANNING COMMISSION STAFF REPORT
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Date: June 14, 2006
Case No.: 5.1106 - CUP
Type: Conditional Use Permit
Location: 1901 Baristo Road / 450 South Sunrise Way
APN: 502-200-001 & 502-200-002
Applicant: Omnipoint Communications Inc. (T-Mobile USA, Inc.)
General Plan: O, Open Space
Zone: S, Specialized Park
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: David A. Newell, Assistant Planner
PROJECT DESCRIPTION:
The application is a request by Omnipoint Communications Inc., a subsidiary of T-
Mobile USA. Inc., for a conditional use permit for the installation of a ninety foot tall
commercial communications antenna designed as a stadium light pole and an
equipment cabinet enclosed with a seven foot high fence located within the Palm
Springs Stadium. The enclosure is proposed to be landscaped with shrubs to soften its
appearance. The applicant has consulted with Monica Moretta of Sequoia Deployment
Services, Inc. for the representation and entitlement of this project.
RECOMMENDATION:
That the Planning Commission recommends approval to City Council a Conditional Use
Permit for the installation of a commercial communications antenna on a ninety-foot
stadium light pole and an equipment cabinet enclosed within a seven foot high fence
located at 450 South Sunrise Way, 0 Zone, Section 13.
Planning Commission Staff Report June 14, 2006
Case 5.1106 Page 2 of 4
PRIOR ACTIONS:
On May 22, 2006, the application was brought before the Architectural Advisory
Committee (AAC). Due to this being the last of the four stadium light poles at this site
that does not have a wireless communication antenna above it, the AAC felt the
antenna location would be compatible and recommended approval to the Planning
Commission.
On May 24, 2004, this same stadium light pole was previously recommended approval
as a ninety foot tall wireless communication antenna by the Planning Commission to the
City Council. During the review process, a lease agreement between the applicant and
the City of Palm Springs was required in order to move the project forward to City
Council. Since the applicant was unable to obtain the lease agreement within the
required timeframet, the application has expired.
BACKGROUND:
Omnipoint Communications Inc. ("the applicant") has submitted an application for a
Type II Conditional Use Permit to install a commercial communications antenna on a
ninety foot tall stadium light pole and an equipment cabinet located within the Palm
Springs Stadium located at 450 South Sunrise Way. T-Mobile is currently in the
process of expanding their wireless telecommunication services to cover the immediate
area as well as the entire Coachella Valley.
Omnipoint Communications Inc. has secured a Letter of Authorization with the City of
Palm Springs to proceed with the Type II Conditional Use Permit application.
The proposed commercial communication antenna is designed as a stadium light pole
and will replace the existing stadium light pole. The existing stadium lights are
approximately seventy-eight feet tall. The proposed stadium light pole will place the
stadium lights at approximately seventy-eight and the antenna will be at a maximum
height of ninety feet tall. This is consistent with the three existing commercial
communication antenna located at the Palm Springs Stadium.
The lease area is three 476 square feet. This area includes the outdoor equipment
cabinets, utility connectors, and antenna. The applicant will screen this area with a
seven foot fence with colored slats and shrubs, subject to approval by the Director of
Planning and Zoning and/or designee.
Pursuant to Section 94.02.00(C)(1)of the Palm Springs Zoning Ordinance, "The hearing date shall be set by the
city clerkfor not more than thirty(30) days after filing of the commission decision with the city council."
Planning Commission Staff Report June 14, 2006
Case 5.1106 Page 3 of 4
Table 1: Adjacent land zones and land uses:
General Zoning Land Uses
Plan
North M15/ L4 R-2 / R-1-C Multiple Family Residential / Single Family
Residential
South M8 R-G-A-8 Multiple Family Residential
East PR O Park/ High School
West NCC/ NC/ HR Shopping Center/ Multiple Family Residential
H43/30
ANALYSIS:
The General Plan designation of the subject site is PR (Parks and Recreation). The
installation and operation of communication facilities are permitted within this
designation. The Zoning designation O (open space), and the use is a permitted with
the approval of a Conditional Use Permit.
Pursuant to Section 93.08.03(A)(2)(c)(iii) of the Palm Springs Zoning Ordinance
(PSZO), "No part of the antenna structure shall extend to a height of more than twenty-
five (25) feet above the highest point of the roof of the principal building on the
property." Past interpretations of the PSZO with the other three cell towers on site have
determined the top of the stadium light pole as the principal building. Therefore, staff
believes this determination will apply to this application as well.
The applicant has submitted photographs of the existing site as well as elevations of the
proposed stadium light pole and how it would appear in the current visual environment
surrounding the site. These elevations depict the proposed stadium light pole at ninety
feet, the stadium lights at seventy-eight feet, and the lease area with seven foot tall
fence and shrubs. The stadium light pole will match the existing stadium poles. Based
on visits to the site and the elevations, staff believes that the proposed stadium light
pole location together with the existing site conditions will have a minimal visual impact.
Staff, in agreement with the AAC, believes that this location within the Palm Springs
Stadium minimizes the visual impact while providing cellular coverage for the
surrounding neighbors.
Airport staff was consulted regarding the proposed project and project location. Airport
staff anticipates the proposed commercial communications antenna structure is not an
obstruction (i.e., the structure does penetrate air space around the airport) and the
proposed antenna would not have direct and/or indirect impacts on operations at Palm
Springs International Airport. Helicopter tours fly in that area during the season, as well
as some private helicopters, and whenever necessary, emergency/rescue aircraft. As
such, staff has included a condition of approval that indicates that the City may require
Planning Commission Staff Report June 14, 2006
Case 5.1106 Page 4 of 4
one obstruction light on the tallest point of the structure extending 12" - 24" above the
highest point of tower, as deemed necessary by Airport Operations. Airport Operations
would advise the Director of Planning Services in the event the Airport receives
complaints from pilots, the Tower Manager or the FAA. As an additional condition of
approval, the applicant would be required to obtain all necessary approvals from the
Federal Aviation Administration prior to issuance of building permits.
ENVIRONMENTAL DETERMINATION:
This Conditional Use Permit is categorically exempt from environmental assessment
pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Section
15303 states that installation of small new equipment is exempt from CEQA.
NOTIFICATION:
A notice was mailed to all property owners within a four hundred (400) foot radius in
accordance with state law.
David A. Newell
Assistant Planner
DDra ing, AlVirvice's
ir APann
ATTACHMENTS:
- 500' Radius Map
- Draft Resolution
- Conditions of Approval
- Site Plans
- Elevations Plan
City of Palm Springs
Planning Commission Minutes
of June 14, 2006
i
Director of Planner Services, Craig A. Ewing, g, a background information as outlined
in the staff report dated June 14, 2006. H indicated the applicant has stated the
reasons for the wall are primarily to block tt prevailing winds and to provide protection
to the rear yard area of the homes.
Further clarification and discussion as made relating to sandblasting, maintenance
and replacement of the wall.
Chair Marantz opened theZury
is Hearing portion of the meeting.
Tom Hill, representing C Vintage Homes, gave additional information.
There being no furth comments, Chair Marantz, closed the Public Hearing.
Commissioner R ath requested clarification on the wall height.
IM/S/C (Hu eson/Cohen, 6-1/Vice Chair Hochanadel) To approve, subject to
Condition of Approval.
h. ase 5.1106 CUP - An application by Omnipoint Communications Inc., for a
Conditional Use Permit for the installation of a ninety foot tall commercial
communications antenna designed as a light pole and an equipment cabinet
enclosed with a 7 foot high fence located at 450 South Sunrise Way, Zone O,
Section 13,
Principal Planner, Edward Robertson, gave background information as outlined in the
staff report dated June 14, 2006.
He indicated the applicant has secured a letter of authorization with the City to allow
them to continue with the application.
Commissioner Hochanadel requested clarification on the height of the existing poles.
Chair Marantz opened the Public Hearing portion of the meeting.
Pete Shubin, representing the Omnipoint Communications, gave additional information
pertaining to the proposed height of the antenna and the existing light poles.
Craig A. Ewing reported that he had recently visited this site and he felt that this
increase in height is consistent with the other towers which are converted into light
poles.
3
City of Palm Springs
Planning Commission Minutes
of June 14, 2006
�I
Gary Lemeris, Palm- Springs, lives directly across from Sunrise Park, voiced his
concern about the accessibility to the high voltage boxes enclosed in the equipment
shelter; trash in the area and proper compensation for the City.
Commissioner Hochanadel requested clarification on City's compensation for the lease
of this site.
Mary Brent Wehrli, Palm Springs, voiced her concern relating to the City receiving
proper compensation for leasing property for cell tower antennas.
There being no further comments, the Public Hearing was closed.
Commissioner Shoenberger requested clarification relating to possible future changes
at the stadium and the City's protection. Craig A. Ewing reported that Condition #5
provides protection to the City.
Note: Vice Chair Hochanadel made a motion of denial; The motion was seconded by
Ringlein. MOTION FAILED.
M/S/C (Hutcheson/Shoenberger, 6-1/Vice Chair Hochanadel) To recommend approval
to City Council, subject to Conditions of Approval.
6. Case 6.488 VAR - An application by lter K. Bowman, M.S. Landscape, for
a variance to Section 92.05.03.Effards) to reduce the required setbacks
from 10 feet to 5 feet for the construction of carports within the setback
area located at 302 South Cale Encilia, Zone HR, Section 14, APN 508-092-
002.
Director of Planning Services, raig A. Ewing, gave background information as outlined
in the staff reported dated Ju, 14, 2006.
Chair Marantz opened th61F ublic Hearing portion of the meeting.
Walter Bowman, repf senting M.S. Landscape, available for questions and stated he is
in agreement with,,the conditions of approval.
6�
There being n,'Further comments, Chair Marantz, closed the Public Hearing.
e
M/S/C (Vie Chair Hochanadel/Cohen, 7-0) To approve, subject to Conditions of
Approval//
4
EXHIBIT A
CONDITIONAL USE PERMIT 5.1106
T-MOBILE
450 SOUTH SUNRISE WAY
JUNE 14, 2006
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire
Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Case 5.1106 - CUP. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
2. Commencement of use or construction under this Conditional Use Permit shall be
within two (2) years from the effective date of approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
3. If the communications antennae, monopole, monoplam or equipment building are
ever proposed to be modified in any manner such as the inclusion of other antennae,
satellite dishes and/or other support equipment, the proposed modifications shall be
submitted to the Director of Planning Services for review and approval prior to
installation.
POLICE DEPARTMENT
15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
16. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
17. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible from
the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum
4 inches, and of contrasting color to the background.
18. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher
for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above
floor level. Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
19. Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6
feet above grade. Show location of box(es) on plan elevation views. Show
requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
ENGINEERING DEPARTMENT
20. None.
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
Case: 5.1106 CONDITIONAL USE PERMIT
Omnipoint Communications Inc.
Subsidiary of T-Mobile USA. Inc.
1901 East Baristo Road and 300 South Sunrise Way
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of July 19, 2006. The City Council meeting begins at 6:00
p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by Omnipoint Communications Inc. for
a. Conditional Use Permit to replace a seventy-eight (78) foot stadium light pole with a ninety
(90) foot wireless communication antennae with stadium lighting and equipment shelter at the
Sunrise Plaza Park, more particularly described as 1901 East Baristo Road and 300 South
Sunrise Way, Zoned O (Open Space), Section 13.
ENVIRONMENTAL DETERMINATION: This project is categorically exempt from
environmental review pursuant to Section 15301 (Class 1 - Existing Facilities) of the California
Environmental Quality Act (CEQA) and the Telecommunications Act.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are available for public review at the City Hall between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760)
323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter(for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to David Newell, Planning Services Department at (760)
323-8245.
Si necesita ayuda con esta Carta, porfavor Ilame a la Ciudad de Palm Springs y puede-hablar- -
con Nadine Fieger telefono (760) 323-8245.
,,,dames Thompson, City Cie
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400'Ratlwe NE C1RGyE S
CITY OF PALM SPRINGS
CASE NO: 5.1106 CUP DESCRIPTION: To consider replacing a seventy-
eight (78) foot stadium light pole with a ninety (90)
foot wireless communication antennae with stadium
APPLICANT: Omnipoint Communications, Inc. lighting and equipment shelter at the Sunrise Plaza
Park, Zoned O, Section 13.
rrt,- ^rt
•(L.1,�J u _ _
j u OF Pr=.Ll'1
PROOF OF PUBLICATION,, �JI TtiS elspacc for County CIerI Filing Stamp
(2015.5.C.C.F)
STATE OF CALIFORNIA No-2Z48 NOTICE OF PUBLIC HEARING
County of Riverside I CITY COUNCIL,
CITY OF PALM SPRINGS
Casa:5.1106 CONDITIONAL, USE PERMIT
Omnipoint Communications, Inc.
Subsidiary o1 T-Mobile USA.Inc.
1901 East Elamite Road
and 300 South Sunrise Way
I am a citizen of the United States and a resident of NOTICE IS HEREBY GIVEN that the City Council
the County aforesaid; I am over the age of eighteen of the City of Palm Springs, California, will hold a
ppublic healing at ib,mooting of July 19,2005,The
years,and n0[a party to or Interested in theCqy Council meeting begin^ at 6:00 p,m., in the
Above-entitled matter,I am theprincipal clerk of a Council Chamber at Coy Had 3200 Last Tahqultz
Canyon Way Palm Springs.
printer of the,DESERT SUN PUBLISHING The purpose of this hearing is to consider an ap-
COMPANX a newspaper of general circulation, phcllion by Ommppint Commumcations Inc.for a
Conditlonal Uso Permlt to tapioca a�pvon elgnt
printed and published in the city of Pahn Springs, (78)toot atadlum light pole won a ninety(g) mot
wireless communicatlon sntunnae witq .Radium
County of Riverside,and which newspaper has been lightingg and equipment shoitsr at the Sunrise Pla-
adjudged a newspaper of general Circulation by the zn hart;, more panicuWriy described as 1901 East
Jg o'�oPzRoa and 300 So th Sunrise Way,Zoned
Superior Court of the County of Riverside,State of
California under the date of March 24,1988.Case
Number 191236;that the notice,of which the O °•"' ( G °` `-f
annexed is a printed copy(set in type not Smaller
than non panel,has been published in each regular 11 . ,I„ ,)I
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
.July Sit',2006 -
I
_p
All in the year 2006
n[ -
I certify(or declare)under penalty of perjury that the _>•- ---• — •_--
foregoing is true and correct. ENVIRONMENTAL DETERMINATION: This pro-
Joet is categorically exempt from environmental
review pur*uant to Section 1S301 (Class 1 - ex.
Dflted at Palm Springs,California this--11 ei,—Jay Isting Facdnle= or the Oautarma Environmental
quality Act (CA'CA) and Me Telecommunications
Act.
of----Jul -----,2006 REVIEW OF PROJECT INFORMATION:The staff
report and other supporting documents regarding
thh pp�ro'sct ale ,vmiable for public review at the
City Hal Ithe hour.;or 8:00 a,m.and 6:00
pp�� l Monday through Fridayy. Please contact the
Digpc of the City Clark at 100) 323-8204 if you
---- woutheld like to schedule ,In appointment to review
Si nature COMMENT ON THIS APPLICATION: Rasponic
to thir notice may be made verbally at the public
Wearing and/or In wrliing before the�ean�g Wrlt-
tvn comments may be made to the City Council
by latter(for mail or hand delivery)to:
James Thompson City Clerk
3200 E. Tuhgmtz Canyon Way
` - Palm Springs, CA 92262
Any challonge of the proposed pro oct In court
\"\ ma be limited to raising only those Issues raised
\e 9t the public hearing dasenbed In thi notice, or
In wrltWri correspondence dellvurcd to the City
Clerk at, or pprier, to the Ruble hearing, (Gove -
ment Code Section 6500 rn
[b][21).
An opportunity will be given at said hearing for all
Interested persons to be heard.Questions regard-
ing this case may be directed to David Newell,
Plannln9 Services Department at (760) 32S-8245
51 necesita ayuda con esl'a carta,porfavor home a
Is Cludod de Palm Springs pucde hablar con
Nadine Fleger miofono (7 0)�d23-82a5.
James Thompson City Clerk
Ppbl'shetl' ry8/2006_ _ ___ - '
« Office of the City Clerk
' ��Omooxateo`' * 3200 E. Tahgwtz Canyon Way ° Palm Springs, California 92262
�P qt
ep®[r Tel: (760) 323-8204 ° Fax: (760) 322-8332 • Web: www.ci.palm-springs.ca.us N
AFFIDAVIT OF MAILING
I, the undersigned City Clerk of the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing to consider an application by
Omnipoint Communications Inc. for a Conditional Use Permit to replace a
seventy-eight (78) foot stadium light pole with a ninety (90) foot wireless
communication antennae with stadium lighting and equipment shelter at the
Sunrise Plaza Park, more particularly described as 1901 East Baristo Road and
300 South Sunrise Way, was mailed to each and every person set forth on the
attached list on July 7, 2006, in a sealed envelope, with postage prepaid, and
depositing same in the U.S. Mail at Palm Springs, California.
(120 notices mailed)
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 10th day of July, 2006.
MES THOMPSON
G�
� r/City Clerk
-
/kdh
H:\USERS\C-CLK\Hearing Notices\Affidavit-OmniPoint
Post Office Box 2743 0 Palm Springs, California 92263-2743
NEIGHBORHOOD COALITION REPS
Notice of Public Hearing MS APRIL HILDNER MR TIM HOHMEIER
Omnipoint Communications-T-Mobile (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES)
Case No. 5.1106 CUP 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA
CC Meeting-July 19,2006 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264
MS ROXANN FLOSS MR JOHN HANSEN MS MALLIKA ALBERT
(BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION)
930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262
MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN
(MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA)
475 VALMONTE SUR 246 NORTH SYBII_ROAD 1369 CAMPEON CIRCLE
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI
VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST)
755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459
MR PETE MORUZZI
MS LAURI AYLAIAN PALM SPRINGS MODERN COMMITTEE
HISTORIC TENNIS CLUB ORG MODCOM AND PO BOX 4738
377 WEST BARISTO ROAD HISTORIC SITE REP I I I PALM SPRINGS CA 92263-4738
PALM SPRINGS CA 92262
CITY OF PALM SPRINGS CASE 5.1106 CUP
VERIFICATION NOTICE I I I PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
ATTN SECRETARY 506 W. SANTA CATALINA ROAD
PO BOX 2743 ' PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA
INDIANS I I I I I I INDIANS
650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
SEQUOIA T-MOBILE
ATTN. MONICA MORETTA ATTN: DEPLOYMENT MANAGER
ONE VENTURE, STE 200 3 IMPERIAL PROMENADE
SPONSORS I I I IRVINE, CA 92618 SANTA ANA, CA 92707
PSC NATIONAL ENGINEERING&CONS. ATTN:TROY BUTZLAFF
ATTN: PETE SHUBIN 22362 GILBERTO, STE.200 CITY OF PALM SPRINGS
1407 WOODCREST AVENUE RANCHO SANTA MARGARITA, CA 3200 E;TAHQUITZ CANYON WAY
BREA, CA 92821 92688 PALM SPRINGS, CA 92262
I� rl
.%E I' �,61'1'%`l ➢ oy. P➢p� ^,s✓'
ffi fq
1. APN:502-163, 001 2. APN: 502-163.003 3. APN: 502-163-013
RUTH ANN BREWER WILLIAMS D E&E J FAMILY TRUS MARC E REIF
2193 S BROADMOOR DR tom, 4511 E SUNNY DUNES RD STE B 212 12TH ST
PALM SPRINGS CA 92264-5920 PALM SPRINGS CA 92264-1553 PETALUMA CA 94952-4127
4. APN:502-163-021 5. APN: 502-181-001 6. APN: 502-181-002
RETIREMENT MA3 CNL NICOLE&BARBARA L MUTASCIO ANTHONY MARCHESE
450 S ORANGE AVE 2000 E PASEO GRACIA 2020 E PASEO GRACIA
OR-LANDO FL 32801-3383 PALM SPRINGS CA 92262-7141 PALM SPRINGS CA 92262-7141
7. APN:502-181-003 8. APN: 502-181-004 9. APN: 502>1'>11-005 a
ROBERT TRUCHIN KATHRYN ANN I-IOLTZAPPLE VICTOR U HERNANDEZ
2070 E PASEO GRACIA 2094 E PASEO GRACIA 12437 HORTENSE ST
PALM SPRINGS CA 92262-7141 PALM SPRINGS CA 92262-7141 STUIQKfCITY CA 91604-1213
10, APN: 502-181.006 11. APN: 502-182-001 12. APN: 502-182-002
DABBLES INVESTMENTS INC SINDALL FRANK G III TRUST WILLIAMS D E&E J FAMILY TRUS
1695 DUNI-IAM RD 1440 S INDIAN TRL 4511 E SUNNY DUNES RD STE B
PALM SPRINGS CA 92264-9629 PALM SPRINGS CA 92264-8818 PALM SPRINGS CA 92264-1553
13. APN: 502-182.003 14. APN: 502-182-004 15. APN: 502-182-009
STANLEY W&STANLEY THOMAS ANDERSEN FAMILY TRUST BRAD IRWIN
14008 PARKV ALE RD 75474 PALM SHADOW DR 2082 E BARISTO RD
ROCKVILLE MD 20853-2560 INDIAN WELLS CA 92210-8367 PALM SPRINGS CA 92262-7122
16. APN: 502-182.010 17. APN: 502-182-011 18. APN: 502-182-012
PETER&GERTRUDE MALCH TEREE PECK CHARLES M RANKIN
2563 E MESQUITE AVE I I I I E TAHQUITZ CANYON WAY PO BOX 4770
PALM SPRINGS CA 92264-5024 PALM SPRINGS CA 92262-6788 PALM SPRINGS CA 92263-4770
19. APN:502-182-013 20. APN: 502-182-014 21. APN: 502-182-015
CURTIS FIALMAGHI HAROLD C&BETTY LEE CLAYTON FORBES SHERYL 2005 TRUST
PO BOX 1307 2007 E PASEO GRACIA 140 GAMBIER ST
PALM SPRINGS CA 92263-1307 PALM SPRINGS CA 92262-7140 SAN FRANCISCO CA 94134-1023
22, APN:502-182-016 23, APN: 502-182-017 24. APN:502-182-018
SOLOMON ROSENSHEIN BRETT THOMAS DEAN E DUCHEMIN
100 S SUNRISE WAY 2273 COVE AVE 1940 E BARISTO RD
PALM SPRINGS CA 92262-6778 LOS ANGELES CA 90039-3664 PALM SPRINGS CA 92262-7118
25. APN:502-182-019 26. APN: 502-183-006 27. APN: 502-183-007
CONCEPCION R GARCIA JOHN E FILLMER BRUCE R MAUGHAN
2040 E BARISTO RD PO BOX 2863 2125 E PASEO GRACIA
PALM SPRINGS CA 92262-7122 PALM SPRINGS CA 92263-2863 PALM SPRINGS CA 92262-7169
28. APN: 502-183-008 29. APN: 502-183-015 30. APN: 502-183-016
ROY C RICI-LARDS HUGH D RISEBOROUGH AMADO L&FELIPA C SALINAS
2109 E PASEO GRACIA 2182 E BARISTO RD 3761 E CAMINO SAN MIGUEL
PALM SPRINGS CA 92262-7169 PALM SPRINGS CA 92262-7109 PALM SPRINGS CA 92264-1325
y '
31. APN: 502-183-018 32. APN:502-200-001,002 33. APN: 502-200-009
DEAN DUCHEMIN CITY OF PALM SPRINGS DESERT SCHOOL DIST
1940 E BARISTO RD PO BOX 2743 47-950 DUNE PALMS RD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-2743 LA QUINTA CA 92253
APN:502-200-011 34, APN: 502-280-001 35. APN:502-280-002
SAME AS#32 MARSHALL M CAMPBELL CAROL G TATUM
1855 E RAMON RD APT 1 PO BOX 628
PALM SPRINGS CA 92264-7965 WALDPORT OR 97394-0628
36, APN:502-280-003 37. APN:502-280-004 38. APN: 502-280-005
JASON BELL JOHN C POWELL FRANCES JOSEPHINE HARRISON
31 DUDLEY AVE 1855 E RAMON RD APT 4 2824 HERMOSA AVE
VENICE CA 90291-2405 PALM SPRINGS CA 92264-7965 HERMOSA BEACH CA 90254-2427
39. APN:502-280-006 40. APN:502-280-007 41. APN:502-280-008
LOBUSH PAUL W JR 2005 TRUST JOHNNY FREDERICK FERNANDO C&KATI-IERINE A TOVAR
2580 SUTTER ST 1855 E RAMON RD APT 7 1855 E RAMON RD APT 8
SAN FRANCISCO CA 94115-2923 PALM SPRINGS CA 92264-7938 PALM SPRINGS CA 92264-7938
42, APN: 502-280-009 43. APN:502-280-010 44. APN:502-280-011
ROBERT HUCH&HELEN CRAWFORD ANNE ERGEN MCLANE DAVID B&EILEEN M SI-IAW
1855 E RAMON RD APT 9 1855 E RAMON RD APT 10 1855 E RAMON RD APT 11
PALM SPRINGS CA 92264-7938 PALM SPRINGS CA 92264-7938 PALM SPRINGS CA 92264-7909
45. APN:502-280-012 46. APN:502-280-026 47, APN: 502-280-028
JEAN SCHROEDER BERNADINE M UDDIN LINDA M STONE
1733 GRAND BAHAMA DR W 1855 E RAMON RD APT 26 23409 BROAD WELL AVE
PALM SPRINGS CA 92264-8549 PALM SPRINGS CA 92264-7910 TORRANCE CA 90502-2706
48, APN. 502-280-029 49. APN:502-280-030 50. APN:502-350-001
TODD E SCHULKIN MARY M SCHNURER OSCAR R NOYA
3011 GLENN AVE 26442 CHARFORD WAY 2068 PRINCE ALBERT DR
SANTA MONICA CA 90405-5808 LAKE FOREST CA 92630-6520 RIVERSIDE CA 92507-5849
51, APN:502-350-002 52. APN:502-350-003 53. APN:502-350-004
RUSSELL E&PATRICIA W WHITON RONALD E&BETTY M ROHRER BRUCE BINDER
2033 E RAMON RD APT IA 2451 14ARM0NY PL 2033 E RAMON RD APT 4
PALM SPRINGS CA 92264-7955 LA CRESCENTA CA 91214-2231 PALM SPRINGS CA 92264-7989
54, APN:502-350-005 55. APN:502-350-006 56. APN: 502-350-007
SHIRLEY A GWINN LEOPOLDINE M OCONNOR LOUISE M STANDEFER
2033 E RAMON RD APT 2C 1431 OCEAN AVE APT 1502 2033 E RAMON RD APT 3B
PALM SPRINGS CA 92264-7928 SANTA MONICA CA 90401-2152 PALM SPRINGS CA 92264-7928
57, APN:502-350.008 58. APN:502-350-009 59. APN: 5002-'350-010
WILLIAM F&MERRILEE ALLEN BRADLEY S WRIGHT DONALD F VASCONCELOS
2033 E RAMON RD APT 3A 2033 E RAMON RD APT 9 2033 EjiAKI0N RD
PALM SPRINGS CA 92264-7928 PALM SPRINGS CA 92264-7989 CATHEDRAL CITY CA 92234-
60. APN: 502=350-011 61, APN:502-350-012 62. APN: 502-350-028
ROBERT EMEkSON&MARY MCDANIEL CHRIS R&KEVIN C KANEKO JOSEPH&ROSALYN EINBERG
2033 E RP fbN RD APT 11 4467 HAZELTINE AVE 5543 SENFORD AVE
PALM,S&INGS CA 92264-7989 SHERMAN OAKS CA 91423-2841 LOS ANGELES CA 90056.1030
63. APN: 502-350-029 64, APN:502-350-030 65. APN: 502-460-001
WALKER CORAL COLES ABRAHAM S&BETTY Y ZAKAR HUBER KARL&SHIRLEY J TRUST
2033 E RAMON RD APT I OC 1958 S NAVAJO DR 14345 SARATOGA AVE APT 14
PALM SPRINGS CA 92264-7997 PALM SPRINGS CA 92264-9266 SARATOGA CA 95070-5942
66. APDI: 502-460-002 67, APN:502-460.003 68 APN: 502-460-004
SUSAN JANE&JAMES H ODELL CHARLES D&PATRICIA A LEVITON EDGAR E&BETTY A I-IAMER
73591 DESERT GREENS DR S 1789 E RAMON RD 12501 FOSTER RD
PALM DESERT CA 92260-1368 PALM SPRINGS CA 92264-7949 LOS ALAMITOS CA 90720-4736
69. APN: 502-460.005 70. APN:502-460-006 71. APN: 502-460-007
JUDITH A CHILNICK LISA SULLIVAN JACK W&SHARON ATWELL
4423 ELMER AVE 1750 E CAMINO PAROCELA 1748 E CAMINO PAROCELA
STUDIO CITY CA 91602-2014 PALM SPRINGS CA 92264-8230 PALM SPRINGS CA 92264-8230
72. APN:502-460-009 73. APN: 502-460-010 74. APN:502-460-027
ALLEN C ZIMBLEMAN DON O NORTON PIETS WCH ROBERT E TRUST
606 S BEDFORD DR 1766 E CAMINO PAROCELA 4520 NORTH AVE APT 1
PALM SPRINGS CA 92264-8247 PALM SPRINGS CA 92264-8230 SAN DIEGO CA 92116-2670
75. APN:502-460-028 76. APN:502-460-030 77. APN:502-460-031
CHRISTINE- LOUISE&BYRON CHANEY LEOGRANDIS TRUST NORMAN B PHARES
1042 APACHE RD 769 SEQUOIA DR 526 S SUNRISE WAY APT 31
PALM SPRINGS CA 92262- SUNNYVALE CA 94086-8229 PALM SPRINGS CA 92264-7852
73. APN:502-460-032 79. APN: 502.460-033 80. APN: 502-460-034
CHARLES H JIMENEZ HOWARD L POULSEN WILLIAM L BOWEN
520 WILLIAMSON AVE PO BOX 2355 506 S SUNRISE WAY NO 34
LOS ANGELES CA 90022-2734 LAKE ARROWHEAD CA 92352-2355 PALM SPRINGS CA 92264-
81. APN:502.460-035 82. APN:502-460-036 83. APN:502-460-037
GREGORY R&GERALDINE I SIVERLY FERNANDO&MELISSA RAMIREZ NORMAN FREEDBERG
5811 N DRUMHELLER ST 1223 E GROVECENTER ST 226 N PALM CANYON DR
SPOKANE WA 99205-7514 WEST COVINA CA 91790-1339 PALM SPRINGS CA 92262-5510
84. APN: 502-460-038 85. APN: 502-460-039 86. APN: 502-460-040
DEANNA M LAWRENCE LEWIS COOPER ALFRED KENDALL&PATRICIA JEAN O
PO BOX 942 1751 E RAMON RD 8348 JASON AVE
PINE VALLEY CA 91962-0942 PALM SPRINGS CA 92264.7949 WEST HILLS CA 91304
87. APN:502-460-041 88. APN:502-460-042 89. APN:502-460-043
MITCHEL KARP RICHARD S SILVERTHORNE JOAN ELIZABETH CHEATHAM
7205 HOLLYWOOD BLVD APT 528 10404 TOWLSTON RD 1775 E RAMON RD
LOS ANGELES CA 90046.3171 FAIRFAX VA 22030-3200 PALM SPRINGS CA 92264-7949
90. APN:502-460-044 91. APN: 502-571-001 TO 020,022 TO 92 APN:502-571-021
DONNA PRADA 024,026,028,029,031,TO 039,041 TO 064 SVENNEBY CECILIA C TRUST
854 DIAMOND ST USA 502 552 W SUNSHINE CIR
MONROVIA CA 91016-3828 900 N ALAMEDA ST PALM SPRINGS CA 92264-8260
LOS ANGELES CA 90012
93, APN: 502-571-025 94. APN:502.571-027 95. APN:502-571"030
STRATTON WA REN A TRUST �� PINARD THOMAS C TRUST WARREN W J/.IYCOX
563 W SUN9NrNE CIR PO BOX 309 10 WESLEYAN CT
PALM/,SPRINGS CA 92264 WRIGHTWOOD CA 92397-0309 RAN,Ch10 MIRAGE CA 92270-3719
96. APN:502-571-040 97. APN:508-100-007,032 98. APN:508-100-041
WAYNEJPR7.YBLYLOWSKI USABIA SUSANATKINS
2204 N SUNSHINE CIR 900 N ALAMEDA ST 10660 SCRIPPS RANCH BL#100
PALM SPRINGS CA 92264-8243 LOS ANGELES CA 90012 SAN DIEGO CA 92131
99. APN:508-110-040 100. APN:508110-052 101. APN: 508-110-053
DESERT WATER AGENCY SUNRISE PALMS ASSOCIATES LLC LEONARD H LUNDIN
PO BOX 1710 341 S SUN12ISE WAY 16400 PCH NO 207 -
PALM SPRINGS CA 92263-1710 PALM SPRINGS CA 92262-0832 I-IUNTINGTON BEACH CA 92649-
11
102. APN:508-110-059 TO 063,65 103, APN:509-240-006 104, APN:508-240-007
PLACE SUNRISE RAMON PARK LLC RIVERSIDE COUNTY FLOOD CONT
16400 PCH NO 207 PO BOX 13409 1995 MARKET ST
HUNTINGTON BEACH CA 92649 BURTON WA 98013-0409 RIVERSIDE CA 92501-1719
105, APN: 508-240.008 REPRESENTATIVE APPLICANT
555 SUNRISE SEQUOIA T-MOBILE
300 S PALM CANYON DR ATTN:MONICA MORETTA ATTN:DEPLOYMENT MANAGER
PALM SPRINGS CA 92262-7302 ONE VENTURE STE 200 3 IMPERIAL PROMENADE
IRVINE CA 92618 SANTA ANA CA 92707
PSC
ATTN:PETE SI-IU13IN NP
1407 WOODCREST AVE GC MAPPING SERVICE
BREA CA 92921 ATTN: GILBERT CASTRO
711 MISSION ST STE D
SO PASADENA CA 91030
�ti,
City of Palm Springs
Planning Commission Minutes of
June 28, 2006
o
9. TTM 32263 - A request by RSM Arbours, L.P., for a time extension for Tentative
Tract Map 32263 for one year located at 1301 Montalvo Way, Zone M-1-P,
Section 7, APN 677-461-002 and 003.
Vice Chair Hochanadel stated he has a conflict of interest and would not participate in
the discussion and vote and left the Council Chamber on 4:41 p.m.
Assistant Planner, David Newell, gave background information as outlined in the staff
report dated June 28, 2006.
Commissioner Cohen requested clarification on the length of the time extension.
M/S/C (Ringlein/Cohen, 6-0, 1 absent/Vice Chair Hochanadel) To recommend approval
to City Council.
IE04859D
SB387_Palm_Spi ings_Stadium
LEASE OF SITE FOR COMMUNICATIONS FACILITIES
This Agreement for Lease of Site for Communications Facilities ("Lease") is made on the
day of 2006, by and between the City of Palm Springs, a municipal
corporation (hereinafter called "City") and Omnipoint Communications, Inc, a Delaware
corporation, a subsidiary of T-Mobile USA, Inc., a Delaware corporation ("Tenant").
Hereinafter, City and Tenant may be referred to individually as "Party" and collectively as
"Parties."
The Parties agree as follows:
Condition Precedent. This Lease is conditioned upon Tenant, or Tenant's assigns,
obtaining all govenmiental licenses, permits and approvals enabling Tenant, or its assigns, to
construct and operate mobile/wireless communications facilities on the Leased Premises (as
defined below).
Section 1. Leased Premises. City hereby leases to Tenant and Tenant hereby leases
from City a portion of the Property, described in Exhibit "A". The City is fee owner of real
property located within the City of Pahn Springs, State of California ("State"), eormnonly
referred to as the Palm Springs Stadium ("Property"). The legal description of the Property is set
forth in Exhibit "A" hereto. Subject to the terns and conditions of this Lease, the City leases to
Tenant that portion of the Property described and depicted in Exhibit `B" ("Leased Premises").
The rights granted to Tenant pursuant to this Lease shall include the right of ingress and egress to
and from the Leased Premises along, over and across the Property, as described and depicted in
Exhibit"C".
Section 2. Use of Leased Premises. To the extent provided in this Lease, Tenant may
use the Leased Premises to facilitate provision of wireless communication services, including the
transmission and the reception of communication signals of various frequencies
("Communication Services"). Subject to the terns and conditions of this Lease, Tenant may
constrict, maintain, repair, replace and operate on the Leased Premises the communications and
other facilities depicted and/or described in general in Exhibit "C" ("Tenant's Facilities"), as
approved by the City's Planning Commission. To the extent reasonable, the City shall cooperate
with Tenant in applying for and obtaining all licenses, permits, and any and all other necessary
approvals that may be required for Tenant's use of the Leased Premises.
Section 3. Additional Consideration. As consideration to the City for entering into this
Lease, in addition to the rental payments specified in Section 8, within thirty (30) days of the
Cormmencement Date of this Lease (as defined below), Tenant shall pay to the City the one-time
sure of FIVE THOUSAND DOLLARS ($5,000), which shall be deemed the cost to the City of
the legal fees and administration required to consider, negotiate and enter into this Lease. Such
payment shall not be refunded or reimbursed to Tenant for any reason, regardless of whether
Tenant terminates the Lease pursuant to its provisions or proceeds with construction of the
Tenant's Facilities.
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Section 4. Due Diligence Period. Tenant shall have one-hundred and eighty (180) days
from execution by the City of this Lease ("Due Diligence Period") to determine the suitability of
the Leased Premises for Tenant's intended purposes, including any soil, geological,
environmental or other site test or document review that Tenant deems necessary ("Due
Diligence Inspections"). During the Due Diligence Period, Tenant shall also obtain all federal,
State, and local governmental or other approvals required for construction of the Tenant's
Facilities. If necessary, the Due Diligence Period shall be automatically extended until the City
has issued a building permit. At any time during the Due Diligence Period, Tenant may, in its
sole discretion, determine that it is not possible, practical or feasible for Tenant to proceed with
construction of the Tenant's Facilities on the Leased Premises, in which case, Tenant may
provide to the City written notice of the termination of the Lease ("Notice of Termination").
Upon receipt of any such Notice of Termination within the Due Diligence Period, this Lease
shall terminate and, except as otherwise provided herein, neither Party shall have any continuing
obligations under the Lease.
Section 5. Effective Date of Lease. The effective date shall be the date this Lease was
executed by the City.
Section 6. Term of Lease. The tern of this Lease ("Lease Tern") shall be five (5) years
commencing on the date of issuance of a local building permit allowing Tenant to construct its
wireless communications facilities on the Leased Premises ("Commencement Date"). Tenant
may extend the Tenn of this Lease for five (5) additional five (5) year terms (hereinafter
"Renewal Tenn"). This Lease shall autornatically renew for each successive Renewal Term
unless Tenant notifies City in writing of Tenant's election not to renew this Lease at least thirty
(30) days prior to the expiration of this Lease or any Renewal Tenn. Each Renewal Tern shall
be on the same terms and conditions as set forth herein, except that Rent (as defined below) shall
be increased as provided in Section 8 (Rent). Notwithstanding the above, upon a finding by
City's City Council that the Leased Premises are needed for other public purposes City shall
have the right, after the expiration of the second Renewal Tenn, to terminate this Lease without
liability upon one (1)year's written notice of terrmination to Tenant.
Section 7. Termination Prior to Expiration of Term. In addition to any other bases
for termination specified herein, this Lease may be terminated: (i) by either Party upon a default
of any covenant, condition, or tern hereof by the other Party, which default is not cured within
thirty(30) days of receipt of written notice of default (provided, however, that if the nature of the
defaulting party's obligation is such that more than thirty(30) days are required for performance,
then the defaulting party shall not be in default, and there is no basis for termination, if the
defaulting party conunences performance within such thirty (30) day period and thereafter
diligently prosecutes the same to completion), (ii) immediately by Tenant if Tenant is unable to
obtain and/or maintain any required approval or if Tenant determines in its reasonable discretion
that it will be unable to utilize the Leased Premises for its intended purposes, (iii) by Tenant if
the Property, the Leased Premises or the Tenant's Facilities are, or become unacceptable under
Tenant's design or engineering specifications for its Tenant's Facilities or the communications
system to which the Tenant's Facilities belong, or (iv) by Tenant if Tenant determines that the
Property or Tenant's Facilities are inappropriate or unnecessary for Tenant's operations due to
economic reasons. Except as otherwise provided in this Lease, any termination of this Lease
sliall be effective thirty (30) days after delivery by the terminating Party to the other Party of the
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Notice of Termination. Except as may otherwise be provided in this Lease, upon termination,
neither Party shall have any further obligation to the other Party pursuant to this Lease.
Section 8. Rent. The minimum monthly rent, without deduction, setoff, prior notice, or
demand, for the Leased Premises pursuant to this Lease ("Rent") shall be the sum of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500) per month in advance by the fifth day of
each month, commencing on the date the Term commences, and continuing during the Term.
Rent for the fast month or portion thereof shall be paid within twenty (20) days following the
Commencement Date. Rent for any partial month shall be prorated at the rate of 1/30t" of the
rent per day. All Rent shall be paid to City at the address to which notices to City are given as
provided for in Section 44 of this Lease.
The minimum monthly Rent shall be automatically adjusted on each anniversary of the
Effective Date in an amount equal to the increase in the Consumer Price Index published by the
United States Department of Labor, Bureau of Labor Statistics (1982-1984 = 100) [the "CPI"]
for "All Items - All Urban Consumers", for the Los Angeles-Anaheim-Riverside Metropolitan
Statistical Area, during the preceding one (1) year period. The base month for increases under
this Paragraph shall be the most recently measured twelve (12) month period prior to the
commencement of each annual anniversary of the Commencement Date. Landlord shall send
Tenant written notice of the applicable Rent increase for each Lease year along with
documentation evidencing the calculation used to arrive at that figure no less than thirty(30) days
prior to the date the increase becomes effective. Notwithstanding the foregoing, in no event shall
Rent he increased by more than five percent (5%) of the Rent paid during the previous year.
Section 9. Security Deposit. Within one hundred twenty (120) days of the Effective
Date of this Lease, Tenant shall provide City with, and at all times thereafter maintain, a
refundable security deposit in the amount of TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500).
Section 10. Inspection and Entry; Access for Due Diligence Inspections. City and/or
its authorized representatives shall have the right to enter the Leased Premises upon reasonable
prior notice to Tenant (which shall not he less than twenty-four (24) hours unless the City
Manager determines that exigent circumstances warrant a shorter period of time) (so long as such
entrance does not unreasonably interfere with Tenant's use):
a. To determine whether the Leased Premises is in good condition and whether
Tenant is complying with its obligations under this Lease.
b. To do any necessary maintenance and to make any restoration to the Leased
Premises that City has the right or obligation to perform.
C. To serve, post, or keep posted any notices required or allowed under the
provisions of this Lease.
d. To run electric or telephone conductors, pipes, conduits, or ductwork where
necessary or desirable over, under, or through the Leased Premises in a warmer
which will not unreasonably interfere with Tenant's use of the Leased Premises.
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City shall not be liable in any manner for any inconvenience, disturbance, loss of business,
nuisance arising out of City's entry on the Leased Premises as provided in this Section, except
damage resulting from the acts or omissions of City or its authorized representatives. Tenant
shall not be entitled to an abatement or reduction of Rent if City exercises any rights reserved in
this Section. Tenant shall have the right during the Due Diligence Period to enter the Leased
Premises for the purpose of conducting the Due Diligence Inspections, as specified in Section 4.
Tenant shall provide reasonable notice to the City (which in any event shall not be less than
twenty-four (24) hours) prior to entering the Leased Premises for purposes of conducting the Due
Diligence Inspections, and shall coordinate the scheduling of same with the City to avoid any
interference with the City's operations, educational programs or recreational programs.
Section 11. Construction of Tenant's Facilities. Tenant shall have the right to
construct, maintain, and operate the Tenant's Facilities on the Leased Premises that is depicted in
Exhibit C. The Parties intend that the antermas and appurtenances related thereto which are a
part of Tenant's Facilities shall be constructed on a stadium light standard ("Light Standard") in
such marmer as to provide the appearance and function of stadium lights and that the City shall
use the Tenant's Facilities for such purpose. Therefore, construction by Tenant of any
improvement, structure or work on the Leased Premises, other than as specified in Exhibit C
shall be permitted only upon the express written consent of the City, which City may either grant
or withhold in its reasonable discretion. Notwithstanding anything to the contrary, Tenant shall
have the right to modify its ground equipment, provided that such modification shall not exceed
the Leased Premises. The constriction of the Tenant's Facilities shall be performed at Tenant's
sole cost and expense and in a good and workmanlike ma niter. Tenant shall provide reasonable
notice to the City prior to entering the Leased Premises for purposes of constructing the Tenant's
Facilities, and shall coordinate the scheduling and logistics of same with the City to avoid any
interference with the City's operations, educational programs or recreational programs.
Tenant shall construct a block wall around the perimeter of Tenant's Facilities to conceal
such facilities from public view. The wall shall be identical to the existing block wall with
respect to design, color, and materials. Alternatively, if approved by City's Plamung
Department, Tenant may construct a chain link fence that shall be concealed with a green canopy
to match the existing green fences surrounding the ball field.
Section 12. Mechanic's Lien. Tenant shall pay all costs for construction done by it or
caused to be done by it on or relating to the Leased Premises as permitted by this Lease. Tenant
shall keep the Leased Premises free and clear of all mechanics' liens resulting from construction
done by or for Tenant. Tenant shall have the right to contest the correctness or the validity of
any such lien if, promptly on demand by the City Manager, Tenant procures and records a lien
release bond issued by a corporation authorized to issue surety bonds in California in an amount
equal to one the claim of lien. The bond shall meet the requirements of Civil Code Section 3143
and shall provide for the payment of any sum that the claimant may recover on the claim
(together with costs of suit, if it recovers in the action).
Section 13. Utilities. Tenant shall have the right to install underground utilities, at
Tenant's expense, and to improve the present utilities on or near the Leased Premises (including,
but not limited to, the installation of emergency backup power). Subject to City's approval of
the location, which approval shall not be unreasonably withheld, conditioned, or delayed, Tenant
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shall have the light to place utilities on (or to bring utilities across) City's Property in order to
service the Leased Premises and Tenant's Facilities. Upon Tenant's request, City shall execute
recordable easement(s) evidencing this right. Tenant shall fully and promptly pay for all utilities
furnished to the Leased Premises for the use, operation and maintenance of Tenant's Facilities.
As a condition for permitting construction of the Tenant's Facilities on the Leased Premises, all
utility transmission lines shall be constructed underground from the point of connection to the
utility service to the Tenant's Facilities, and no utility transmission lines shall be constructed
above ground. All utility services serving the Tenant's Facilities shall be established solely in
Tenant's name, and Tenant shall (ally and promptly pay for all utilities furnished to the Leased
Premises for the use, operation and maintenance of Tenant's Facilities. Tenant shall be granted a
license over a portion of the Property as may be reasonably required by Tenant to establish
conmections to and/or between Tenant's equipment and antemia installations, situated
substantially as shown on Exhibits B, and/or C, to install,maintain, replace and repair, from time
to time, cables conduits and pipes from the Leased Premises to the nearest appropriate utility
connections.
Section 14. Completion of Construction. Tenant shall complete the construction of the
Tenant's Facilities in a reasonable period of time, not to exceed ninety (90) days after the
Commencement Date. Upon completion of the construction, Tenant shall provide to the City (i)
written notice of completion and (ii) "as-built" construction plans and specifications for the
Tenant's Facilities.
Section 15. Access for Maintenance and Operation of Tenant's Facilities. Upon
completion of the Tenant's Facilities, and subject to the provisions of Section 16, Tenant shall be
permitted access to the Leased Premises twenty-four (24) hours a day, seven (7) days a week, for
purposes of operating and maintaining the Tenant's Facilities, provided that Tenant shall not
interfere with the operations, educational programs, or recreational programs of the City.
Section 16. City's Maintenance of Property. Subject to Section 17, City shall
maintain its Property and the light(s) mounted on the Light Standard, including the appearance
thereof, in a good and workmanlike condition. Tenant shall be responsible for repairing arty
damages to the Leased Premises or to the Property resulting from Tenant's actions pursuant to
this Lease, or the cost to the City of repairing same if Tenant has not completed such repairs
within a reasonable time or by the completion date reasonably established by the City. Tenant
shall also pay, upon request of the City, the reasonable cost for repair of damage to the Property,
if any, arising from Tenant's actions pursuant to this Lease.
Section 17. Tenant's Maintenance of Leased Premises. Tenant's maintenance of the
Leased Premises shall include,but is not limited to:
a. Maintenance of all landscaping installed by Tenant, if any;
b. Repairs and/or replacements to Tenant's Facilities caused by acts of third parties,
including theft, graffiti, and intentional acts;
C. Maintaining, in good, clean, safe, and sanitary condition and repair, all of
Tenant's personal property. All Tenant Facilities on the Property must be
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maintained in a first-class condition without rust, paint, or surface deterioration.
All maintenance must conform to the standards utilized by City.
d. All work necessary to comply with Federal, State, County, municipal, and other
governmental agencies and bodies having or claiming jurisdiction.
Section 18. Environmental. Tenant and its agents, employees, or contractors
subcontractors or other representatives shall not bring upon the Leased Premises, or permit or
authorize any other person or entity to bring upon the Property, including the Leased Premises,
any hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos,
polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any &•action
or derivative thereof). Notwithstanding the foregoing, Tenant may bring such fuels and
lubricants onto the Leased Premises as may be required for operation of construction vehicles
during construction and backup power for generators during, maintenance or repair of the
Tenant's Facilities. In addition, Tenant may also bring onto the Leased Premises, any lead-acid
batteries, cleaning solvents, and other chemicals necessary for proper utilization and
maintenance of the Tenant's Facilities. In bringing any materials or substance onto, or using any
materials and substances on, the Leased Premises, the Tenant shall comply with all federal, State,
and local goverment laws, regulations, and rules. Tenant shall be solely responsible for any
damages or costs incurred by the City due to any enviromnental contamination, arising from the
presence or use on Tenant's behalf of any hazardous materials or substances that Tenant, its
agents, employees, contractors, subcontractors or other representatives bring onto the Leased
Premises. Tenant shall indemnify, defend and hold City harmless from and against all claims,
losses, liabilities, damages, costs, and expenses, including reasonable attorneys' and consultants'
fees, costs and expenses to the extent arising from (i) any breach of its obligations pursuant to
this Paragraph and/or (ii) environmental conditions or noncompliance with any enviromnental
law that result fi-om the right to occupy, use, control, or maintain operations in or about, the
Leased Premises by Tenant and its respective agents, employees, contractors, tenants, guests or
other parties. The provisions of this Paragraph shall apply as of the Commencement Date of this
Lease and survive termination of this Lease. City represents that to the best of its knowledge, the
Property has not been used for the generation, storage, treatment or disposal of hazardous
materials. In addition, City represents that no ;hazardous materials or underground storage tanks
are located on or near the Leased Premises. Notwithstanding any other provision of this Lease,
Tenant relies upon the representations stated herein as a material inducement for entering into
this Lease. City represents and warrants that it will not permit itself or any third party to use,
generate, handle, store or dispose of any hazardous material in, on, under, upon, or affecting the
Property in violation of any environmental law. City shall indemnify, defend and hold Tenant
harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorneys' and consultants' fees, costs aid expenses) to the extent arising from (i) any
breach of its representation or warranty made in this Paragraph and/or (ii) environmental
conditions or noncompliance with any environmental law that result from the ownership or
control of, or operations in or about, the Property by City and its respective agents, employees,
contractors, tenants, guests or other parties. The provisions of this Paragraph shall apply as of the
Commencement Date of this Lease and sti wive termination of this Lease.
Section 19. City Operations. Educational and Recreational Proerams. Tenant shall
conduct all of its activities on the Leased Premises, including but not limited to Due Diligence
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Inspections and construction, operation and maintenance of the Tenant's Facilities, in a manner
that does not materially interfere with the City's operations, or use of the Property by the City or
third parties. In the event such interference occurs and, upon request, Tenant fails to promptly
cease such interference, or if Tenant ceases and subsequently recommences such interference,
the City may deliver a Notice of Termination to Tenant, in which case this Lease shall terminate
in accordance with Section 7.
Section 20. Interference with City's Communications. Tenant shall ensure that the
construction, operation and maintenance of Tenant's Facilities shall not disturb or interfere with
the comrnun ications configurations, equipment and frequencies that exist on the Leased Premises
on the Effective Date ("Pre-existing Communications"). Tenant shall, in the construction,
operation and maintenance of Tenant's Facilities, and in the provision of Communication
Services, comply with all non-interference rules of the Federal Conununications Commission
("FCC"). Tenant acknowledges that any interference with the Pre-existing Communications shall
be considered a material breach of this Lease. In the event the construction, maintenance or
operation of the Tenant's Facilities, or the provision of Communication Services, interferes with
the Pre-existing Cormnun ications, Tenant shall, upon request by the City, inunediately cease all
activities resulting in such interference. Tenant may thereafter coordinate with City to perform
any tests of its equipment at such times as are approved by the City. Tenant's obligation to
immediately cease such activities shall be specifically enforceable in an appropriate court.
Section 21. Co-Location. City aid/or City's agents shall have the right to install, an
onmi-directional antenna and other equipment on the Light Standard at the location and in the
manner approved by Tenant necessary to facilitate wireless data delivery services to City and the
surrounding area. Notwithstanding anything contained in this Lease to the contrary, City shall
not construct, or permit the construction of, any improvements (including strictures and trees)
within twenty feet (20') of Tenant's Facilities or anywhere on the Property which interfere with
the communications operations of Tenant.
a. Unless otherwise specified, the Tenant's Facilities shall be built to include the
following specifications to allow for City's possible use:
i. If Tenant will be constructing a monopole or other tower at the Leased
Premises for its use, such tower/monopole shall, upon completion of
construction, be available to City and/or its agent to use for one (1) 2.3 to
5.5 GHZ omni antenna to specifications approved by the City.
ii. If Tenant will be constructing a vault or similar facility to house equipment
at the Leased Premises, Tenant shall make available, upon completion of
initial construction, a 2' x 2' x 7' space for City; if Tenant will be
constructing an equipment pad, Tenant shall make available, upon
completion of initial construction, at least 2.5' x 2.5' of space for City's
equipment cabinet.
iii. Conduit or a cable tray for transmission from equipment area to antenna.
iv. Cable access to phone and electrical lines.
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b. If City chooses to occupy the Light Standard built by Tenant, it may engage a
contractor to install its equipment on Tenant's Facilities. Tenant reserves the right to approve
City's list of contractors prequalified to perform the equipment installation. Contractors utilized
by City must all provide proof of adequate insurance coverage and must name Tenant as an
additional insured. Tenant shall inspect the installation and advise City of any deficiencies
noted. Alternatively, City may request that Tenant install City's equipment. All expenses that
Tenant actually incurs for ancillary equipment purchased or installed for the benefit of City, or
for radio tower work performed by Tenant for the benefit of City, including review of City's
equipment specifications and oversight of constriction of City's equipment, shall be at City's
expense, provided that such costs are commercially competitive and documented in reasonable
detail.
C. When City occupies the Light Standard constructed by Tenant, the parties agree
to negotiate in good faith issues concerning such occupation by City including, but not limited
to, insurance, maintenance, interference and City's indemnification of Tenant for any damage to
Tenant's Facilities, and draft an amendment to this Lease to address same. If parties other than
City will co-use Tenant's Facilities, it shall be Tenant's responsibility to ensure, that any space
reserved for City pursuant to this Section remains available and technically feasible with respect
to structural and technical interference issues.
Section 22. Co-Location—Third Par4y.
a. Neither the City nor the Tenant shall hinder the co-use of Tenant's Facilities by
another company ("Sub-Use"). Tenant may permit third parties to install equipment on the
Leased Premises with City's prior written permission, which shall not be unreasonably withheld,
conditioned, or delayed. Tenant shall not allow any Sub-Use or installation of additional
equipment which, based on industry standards, results in any interference with City's operations,
communication systems, microwave antennas, and/or other equipment, or would prevent City
from utilizing its reserved space as set forth in Section 21. Tenant may charge a reasonable fee
for the use of the Leased Premises by third parties, under written agreements with those third
parties. For third-party co-locations requiring land outside of the Leased Premises (each a
"Direct-Use"), City will have a separate license agreement with each third party, the tern of
which may not exceed the duration of this Lease and the monthly rent for which shall be paid to
City by the third party.
b. Tenant may not refuse to negotiate in good faith to enter into agreements on
commercially reasonable terns with any interested third party for the occupation of a facility
built by Tenant, unless occupation will result in interference with Tenant's or City's operations,
communications systems, microwave antennas, and/or other equipment.
Section 23. Interference with Communication Services. Other than as may be
specified in this Lease, the City shall not permit the use of any portion of the Leased Premises in
a manner that interferes with Tenant's provision of the Communication Services. The City shall,
upon request from Tenant, promptly terminate such interference. The City's obligation to cease
such interference shall be specifically enforceable in an appropriate court. Pre-existing
Communications operating in the same mam7er as on the Effective Date shall be deemed not to
constitute interference for purposes of this Section.
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Section 24. Unerades to City's Communications. Notwithstanding the provisions of
Section 23, nothing in this Lease shall be construed to prohibit the City, in its sole discretion,
from upgrading or replacing any of its connnunications, telecommunications, computer or other
systems ("Upgraded Systems"), on a City-wide or lesser basis. The City shall not be liable to
Tenant for any interference caused by the Upgraded Systems to the Communication Services; if
such upgrade is to enhance public safety; however, the City shall make reasonable efforts to
provide Tenant with information on the Upgraded Systems and to consult with Tenant prior to
and after implementing any such Upgraded Systems and to accommodate, if reasonably possible,
Tenant's concerns. In the event that the Upgraded Systems interfere with the Communication
Services, Tenant may provide a Notice of Termination to the City. Notwithstanding the
foregoing, in interpreting this provision, it shall be deemed the intent of the Parties that the City
shall at all threes have the ability to acquire and/or utilize the most up-to-date connnunications or
other technology as City, in its sole discretion, deems appropriate.
Section 25. Return of Leased Premises. During the Lease Tenn, Tenant shall retain
title to the Tenant's Facilities. Except as provided herein, Tenant shall at its sole expense
remove all of Tenant's Facilities, including all utility transmission lines, within sixty (60) days
following expiration or termination of this Lease. Upon the expiration or termination of this
Lease, Tenant shall surrender the Leased Premises to the City in a condition at least as good as
existed on the date Tenant executes this Lease, less ordinary and reasonable wear and tear. The
Parties intend that Tenant shall not remove or destroy any improvements to the Leased Premises
that, subsequent to surrender of the Leased Premises by Tenant, will benefit or be of use to the
City, excepting Tenant's antennas or mechanical, computer or similar equipment. Therefore,
upon expiration or termination of this Lease, the City may request that Tenant not remove or
destroy all or any portion of the Tenant's Facilities, and, except for any electrical (other than
lighting), mechanical, computer, or similar equipment (including antennas), Tenant shall not
remove the portion of the Tenant's Facilities that is the subject of the City's request. Tenant shall
thereafter execute any and all documents as are reasonably required to evidence that title to such
improvements, including the Light Standard, have been transferred to the City, in their "as-is"
condition.
Section 26. Destruction of Leased Premises. If either the Leased Premises or the
Property is destroyed or damaged as a result of a catastrophic event to the extent that, in Tenant's
reasonable discretion, Tenant may no longer use the Leased Premises for the intended purposes,
Tenant may elect to either: (i) terminate this Lease pursuant to Section 7, effective upon the date
of the damage or destruction, by delivering written notice within ninety (90) days of the date of
the damage or destruction and a request to terminate; or (ii)upon consent of the City, which shall
not be unreasonably withheld, conditioned or delayed, use a portion of the Leased Premises
specified by the City for provision of Communication Services on a temporary basis until such
time as the Tenant's Facilities on the Leased Premises are repaired or reconstructed so that
Tenant can resume the provision of Communication Services from the Leased Premises. If
Tenant elects to continue this Lease and in the event that City unreasonably delayed its consent
for Tenant to install the temporary facility in order for Tenant to continue its operation, Rent
shall abate for the period of non-use. Any such repair or reconstruction shall be completed in an
expeditious manner. If Tenant elects to terminate this Lease, Tenant shall be entitled to
reimbursement of any Rent prepaid by Tenant during the time period of non-use.
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Section 27. Condenuiation. If a condemning authority takes all of the Leased Premises,
or a portion that, in Tenant's reasonable discretion, is sufficient to render the Leased Premises
unsuitable for its intended use, then Tenant may deliver a Notice of Termination to the City.
Notwithstanding any other provision of this Lease, the Notice of Ternnation shall be effective
as of the date when possession is delivered to the condemning authority. For purposes of this
Agreement, upon threat of condemnation by any entity with power of eminent domain, sale of all
or part of the Leased Premises to such entity shall be deemed to be a taking by the conderiming
authority. Without derogating the rights of the City, Tenant shall have the right to pursue its own
claims against the condemning authority and shall be entitled to receive all amounts recovered
from such claims.
Section 28. Taxes, Assessment Tees. Tenant shall pay before delinquency all personal
property taxes, assessments, license fees, and other charges (hereinafter called "taxes") that are
levied and accessed against Tenant's personal property installed or located in or on the Leased
Premises, and that become payable during the Tenn. On demand by the City Manager, Tenant
shall furnish City with satisfactory evidence of these payments. This Lease may create a
possessory interest, as described in the Revenue and Taxation Code of the State of California, in
tax-exempt property. If such an interest is created, it may be subject to property taxation. If this
occurs, Tenant shall be subject to payment of taxes on such interest. In the event City's real
property taxes on the Property are increased as a direct result of the presence of the Tenant
facilities thereon, upon sufficient documentation, Tenant shall reimburse City for such increase,
provided that City cooperates with Tenant, at Tenant's sole cost and expense, in filing an appeal
against such increase. City shall not be entitled to any additional consideration for giving its
cooperation. Additionally, Tenant shall be entitled to keep all amounts recovered from such
appeal. The payment of any such taxes, fees, or charges shall not constitute cause for reduction
of Rent payable by Tenant. If the imposition of any tax, fee, charge, duty or assessment shall be
deemed by Tenant to be improper, illegal, or excessive, Tenant may, at its sole cost and expense,
dispute and contest the same in any manner provided by law, provided, however, any such taxes,
fees, charges, duties, or assessments shall have first been paid.
Section 29. Insurance. Prior to its ability to access the Leased Premises, Tenant shall
provide City with proof of insurance, at Tenant's sole cost and expense, to remain in Rill force
and effect during the entire tern of this Lease. The following policies of insurance shall be
maintained:
a. Workers' Compensation Insurance. Workers' Compensation Insurance in an
amount required by the laws of California and Employer's Liability Insurance in an amount not
less that ONE MILLION DOLLARS ($1,000,000) combined single limit for all damages arising
fi-om each accident or occupational disease.
b. Liability Insurance. Commercial general liability insurance, written on an
occurrence basis, covering claims for bodily injury, including death, properly damage, and
consequential damages ("Liability Policy"). The Liability Policy shall provide coverage in an
amount not less than TWO MILLION DOLLARS ($2,000,000)per occurrence.
c. Automobile Liability hnsurance. A policy of comprehensive automobile liability
insurance written on a per-occurrence basis in an amount not less than ONE MILLION
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DOLLARS ($1,000,000) combined single limit covering all owned, non-owned, leased, and
hired vehicles used in connection with operations occurring on the Property.
d. Other Insurance. Such other policies of insurance including, but not limited to,
casualty insurance, business interruption insurance and fidelity insurance, as may be required by
the nature of operations.
e. General Provisions. All of the foregoing policies of insurance (except for the
Workers' Compensation Insurance) shall name the City as an additional insured and shall be
primary insurance and any insurance maintained by City shall be excess and non-contributing.
Each insurer of Tenant for property insurance, shall waive all rights of contribution and
subrogation against City and its respective insurers. Each of such policies of insurance shall
name City and its affiliated entities, and their respective officers, directors, agents, and
erployees (collectively, "City's Parties") as additional insureds. All policies of insurance
required to be obtained by Tenant hereunder shall be issued by insurance companies authorized
to do business in California and must be rated no less than A-:VII or better in Best's Insurance
Guide. Prior to engaging in any operations hereunder, Tenant shall deliver to City centificate(s)
of insurance and original endorsements evidencing the coverages specified above. Alternatively,
Tenant shall have the option of providing City with evidence of such coverage electronically by
providing to City a Uniform Resource Locator ("URL") Link to access Tenant's memorandum
of insurance ("MOI") website in order for City to review the coverage required by this
Paragraph. Such policies shall not be cancelled or required limits reduced to the detriment of
City or Tenant without the insurer providing City with thirty (30) days' written notice. The
coverage amounts set forth may be met by a combination of underlying and umbrella policies so
long as in combination the limits equal or exceed those stated.
Section 30. Indemnification by Tenant. To the fullest extent permitted by law, Tenant
shall indemnify, defend (with counsel reasonably acceptable to City), protect and hold harmless
City and City's Parties from and against any and all claims, demands, judgments, actions,
damages, losses, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees and court costs) arising at any time directly or indirectly from or in connection
with (i) any default in the performance of any obligation by Tenant to be performed under the
terns of this Lease, (ii) Tenant's use of the Leased Premises, or (iii) the conduct of Tenant's
business or any activity, work or things done, permitted or suffered by Tenant in or about the
Leased Premises, except to the extent caused by City's, City's Parties' or the City's agents',
contractors', tenants', guests', invitees', or licensees' negligence or willful misconduct. The
obligations of Tenant under this Section shall survive the expiration or earlier termination of this
Lease. Tenant shall not be liable for any consequential or special damages or loss of profits.
Tenant, as a material part of the consideration to City, hereby assumes all risk of darnage
to the Leased Premises, including, without limitation, injury to persons in, upon or about the
Leased Premises during Tenant's use of the Leased Premises, arising from any use of the
Tenant's Facilities or other activities of Tenant or Tenant's agents, employees, guests, or invitees
(collectively "Tenant's Parties") on the Leased Premises. Tenant hereby waives all claims with
respect thereof against City, except as otherwise stated in this Lease. City shall not be liable for
any injury to the Tenant's Facilities, Leased Premises, or injury to or death of any of Tenant's
Parties, or injury to the Tenant's Facilities, or injury to or death of any other-person in or about
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the Leased Premises from any cause except to the extent such is caused by the negligence or
willful misconduct of the City, the City's Parties, or the City's agents, contractors, tenants,
guests, invitees, or licensees.
Section 32. Subcontractor's Insurance. Tenant shall require all subcontractors
constructing, operating or maintaining any portion of the Tenant's Facilities or entering upon the
Leased Premises or the Property for any other purpose, to obtain and maintain a policy of
coarmlercial general liability insurance, written on an "occurrence" basis, covering claims for
bodily injury, including death, property damage, and consequential damages that may arise out
of or result from that subcontractor's actions on the Leased Premises or the Property, whether
such actions are taken by the subcontractor or any person directly or indirectly employed by the
subcontractor ("Subcontractor's Policy"). The Subcontractor's Policy shall name the City as an
additional insured and shall be in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The
Subcontractor's Policy shall require that the insurer provide written notice to the City not later
than thirty (30) days prior to cancellation, expiration without renewal, termination, or reduction
in coverage of the Subcontractor's Policy. Tenant shall require that each subcontractor obtain
and maintain Workers' Compensation Insurance in compliance with Section 3700 of the
California Labor Code to secure compensation for the subcontractor's employees. Prior to
permitting the subcontractor to enter upon the Leased Premises or the Property, Tenant shall
provide to the City copies of the insurance certificates required pursuant to this Section along
with certificates of insurance evidencing the existence thereof.
Section 33. Intentionally Omitted.
Section 34. Lease Officer. The Lease Officer shall be such person as may be designated
by the City Manager of City. It shall be the Tenant's responsibility to assure that the Lease
Officer is kept informed of matters relating to the communication services and use of the Leased
Premises and the Tenant shall refer any decisions which must be made by City to the Lease
Officer. Unless otherwise specified herein, ally approval of City required hereunder shall mean
the approval of the Lease Officer. The Lease Officer shall have authority to sign all documents
0111 behalf of the City required hereunder to carry out the terns of this Lease.
Section 35. No Joint Venture. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Tenant, its agents or employees, perform the
services required herein, except as otherwise set forth herein. City shall have no voice in the
selection, discharge, supervision or control of Tenant's employees, servants, representatives or
agents, or in fixing their number, compensation or hours of service. Tenant shall perform all
services required herein as a tenant of City and shall remain at all times as to City a tenant with
ouly such obligations as are consistent with that role. Tenant shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City. City
shall not in any way or for any purpose become or be deemed to be a partner of Tenant in its
business or otherwise or a joint venturer or a member of any joint enterprise with Tenant.
Section 36. Encumbrances. Tenant shall not under any circumstances encumber the fee
estate of the City in the Leased Premises or the Property, including by means of any mortgage,
deed of trust, or other instrument or device. Except as provided in this Lease, Tenant shall not,
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by operation of law or otherwise, sell, assign, sublease, lease, or otherwise transfer, dispose of or
convey its leasehold interest in the Leased Premises.
Section 37. Entire Algeeinent. This Lease constitutes the entire agreement and
understanding between the Parties, and supersedes all prior conummications, offers, negotiations
and understandings, if any, written or oral, concerning the subject matter of this Lease. Each
Party represents and acknowledges that it has conducted an independent investigation of the facts
and situations relevant to this Lease, and that neither the other Party nor its agents or attorneys
have made any promise, representation, or warranty whatsoever, express or implied, not
contained herein to induce the execution of this Lease. Each Party further represents and
warrants that it has not executed this Lease in reliance upon any promise, representation or
warranty not contained herein.
Section 38. Severability. If any court of competent jurisdiction determines that any
provision, section, subsection, or clause of this Lease is invalid or unenforceable with respect to
any Party, the remainder of this Lease and the application of such provision, section, subsection,
or clause to persons other than those as to whom it is held invalid or unenforceable shall not be
affected, and each remaining provision of this Lease shall be valid and enforceable to the fullest
extent permitted by law.
Section 39. Modification of Lease. This Lease may be modified or amended only by a
writing approved and executed by both Parties.
Section 40. Assi2nment. Tenant may assign this Lease only upon express written
consent of the City, which the City shall not unreasonably withhold. Any purported assignment,
or attempted assignment, of this Lease without the prior written consent of the City shall result in
immediate termination of this Lease without further action of either Party, and Tenant shall have
sixty (60) days thereafter, to the extent provided in Section 25, to remove the Tenant's Facilities
and all related improvements, including utility transmission lines, from the Leased Premises.
Notwithstanding the foregoing, Tenant at any time may, without the City's prior written consent,
assign or sublease its rights under this Lease to any person or business entity which is authorized
pursuant to and FCC licensed to, operate a wireless communications business, is a parent,
subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or purchases more than
fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the
"Metropolitan Trading Area" or"Basic Trading Area" (as those terns are defined by the FCC) in
which the Property is located. Additionally, Tenant may, upon written notice to City collaterally
assign or grant a security interest in this Lease and the Tenant's Facilities, and may assign this
Lease and the Tenant's Facilities to any mortgagees or holders of security interests, including
their successors or assigns (collectively "Secured Parties"). In such event, City shall execute
such consent to leasehold financing as may reasonably be required by such Secured Parties. Any
assignment of this Lease shall be in writing and properly authorized by Tenant, and Tenant shall
promptly thereafter provide a copy of such assignment to the City. This Lease shall be binding
on and inure to the benefit of the authorized successors and assignees of the respective Parties.
Section 41. Third Partv Beneficiaries. The Parties intend that this Lease is made
solely for the benefit of the Parties and their authorized successors and assigns, and that no other
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person shall be entitled, directly or indirectly, to base any claim on, or to have any rights arising
from or related to, this Lease.
Section 42. Governiniz Law and Venue. This Lease and all rights and obligations
arising therefrom shall be construed in accordance with the laws of the State of California. Any
action, arbitration, mediation, hearing or other proceeding related to this Lease shall be
conducted only in the County of Riverside ("County").
Section 43. Attorneys' Fees and Costs. With respect to any legal claim or action
related to or arising as a result of this Lease, including any appeal, arbitration, mediation, or
other proceeding, the substantially prevailing party shall be entitled, in addition to any judgment
or award by the court, to its reasonable attorneys' fees, expenses and court costs.
Section 44. Notices. Any notice required or desired to be given relative to this Lease
shall be deemed delivered if delivered personally or three (3) days after the same is reduced to
writing, sealed in an envelope, and deposited, postage pre-paid, in the regular United States Mail,
addressed to the respective parties as follows: Any notice or commmunication required or given
pursuant to this Lease shall be in writing and duly addressed as specified in this Section. Such
notice or communication may be made by certified or registered mail, return receipt requested, or
reliable private delivery service, such as UPS, Federal Express, or California Overnight, or
personal delivery. Any such notice or connnunication shall be deemed given upon receipt.
Either Party to this Lease may change its address or facsimile number by giving notice as
specified in this Section.
To City:
CITY OF PALM SPRINGS
Attention: City Manager
P.O. Box 2743
Palm Springs, CA 92263
With a copy concurrently to:
To Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Belleview, WA 98006
Attn: PCS Lease Administrator
With a copy to: Attn: Legal Dept.
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With a copy concurrently to:
Onmipoint Communications Inc,
a Subsidiary of T-Mobile USA Inc.
3 Irmperial Promenade, # 1100
Santa Ana, CA 92707
(Site#: IE048591))
Attn: Lease Administration Manager
Section 45. Interpretation Guides. In interpreting this Lease, it shall be deemed to
have been prepared by the Parties jointly, and no ambiguity shall be resolved against either Party
on the premise that the Party or its attorneys was responsible for drafting this Lease or any
provision hereof.
Section 46. Exhibits. All Exhibits attached hereto or referenced herein are hereby
incorporated as an effective and operative part of this Lease.
Section 47. Due Authority of Signatories. Each person signing this Lease represents
and warrants that he or she has been duly authorized, by appropriate action of the Party that he or
she represents, to act on behalf of that Party and to bind that Party to the terms and conditions of
this Lease.
Section 48. Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, riles, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
Section 49. Waiver. The waiver of any breach of any provision hereunder by City or
Tenant shall not be deemed to be a waiver of my preceding or subsequent breach hereunder. No
failure or delay of any Party in the exercise of any right given hereunder shall constitute a waiver
thereof nor shall any partial exercise of any right preclude further exercise thereof.
Section 50. Intentionally Omitted
Section 51. Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Tenant, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Tenant or to its
successor, or for breach of any obligation of the terns of this Lease.
Section 52. Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Lease nor shall any such officer or employee
participate in any decision relating to the Lease which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Except for fees paid to its
independent contractors, Tenant warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Lease.
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Section 53. Covenant A14ainst Discrimination. Tenant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance
of this Lease in compliance with law. Tenant shall ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
mtarital status,national origin, or ancestry in compliance with law.
Section 54. Riehts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Lease, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the sarie or different times, of any other rights or remedies for
the same default or any other default by the other party.
Section 55. Lellal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Lease, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Lease.
Section 56. Approvals. Except as otherwise provided in this Lease, any approval
required by a Party shall not be unreasonably withheld, conditioned or delayed.
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IN WITNESS WHEREOF, the Parties have executed this Lease by their authorized
representatives as indicated below:
"CITY"
CITY OF PALM SPRINGS
Dated: By:
Mayor
APPROVED AS TO FORM ATTEST:
City Attomey City Clerk
"TENANT"
Onuiipoint Communications, Inc, a
Delaware corporation, a subsidiary of T-
Mobile USA Inc., a Delaware corporation
Dated: By:
Narne: Raj Tank
Title: Area Director
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EXHIBIT "A"
DESCRIPTION OF CITY'S PROPERTY
City's Property of which Leased Premises are a part is legally described as follows:
All that real property located in the State of California, County of Riverside, described as
follows:
PARCEL L
Lot 25 and Westerly rectangujar on-,-half of Lai•: 26 of Palm Valley Colony Lands,
in lase City of Palm Sprli-igs, County of Riverside, State of California, in Section
13, T'oiwishlp a South, Range 4 East, San BernardIrto Meridian, as per map an
file in Book ;td, page(s) 652, of Maps, in the office of "-he County RCcorder of $an
Diego County.
PARCEL 2:
To be Determined
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EXIIIBIT "B"
DESCRIPTION OF LEASED PREMISES
1. Description.
City leases to Tenant and Tenant leases from City the real property located on C1TY's
Property as legally described in Exhibit "A," located in the City of Palm Springs as depicted on
Exhibit "C" hereinafter collectively referred to as "Leased Premises," and the appurtenant rights
set forth in subsection 2 of this Exhibit with respect to a parcel of land approximately nineteen
feet (19') by ten feet (10') and thirteen feet (13') by twelve feet (12') by as designated and
outlined in Exhibit "C."
The Leased Premises consist of those specific areas shown on Exhibit "C" where
Tenant's communications antermas, equipment and cables will occupy City's Property. The
Leased Premises and the associated utility connections and access, including easements, ingress,
egress, dimensions, and locations as shown on Exhibit "C," are approximate only and may be
adjusted or changed by Tenant, subject to approval by the City at the time of construction to
reasonably accommodate sound engineering criteria mid the physical features of City's Property.
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2. Appurtenant Rights.
City leases to Tenant a non-exclusive easement and right of way, subject to limitations in
the Agreement, in and over City's Properly to provide physical access by personnel and
equipment from the nearest public right of way, and utilities from the nearest service, to or fi-om
the Leased Premises; and, a temporary constriction easement, as reasonably necessary, to permit
the construction and installation of Tenant's Facilities on the Leased Premises. Tenant agrees
promptly to repair any areas disturbed within this temporary constriction easement.
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EXIIIBIT "C"
LOCATION MAP OF LEASED PREMISES
However, it is expressly agreed and understood by and between the City and Tenant that
the exact and precise location of the Tenant's Facilities are subject to review and approval by the
plamiing and/or zoning Boards having jurisdiction over the "Leased Premises".
Therefore, it is expressly agreed and understood by and between City and Tenant that the
precise location of the Leased Premises as shown on Exhibit "C" may be modified by the Tenant
in order to comply with and obtain necessary planning and/or zoning approvals, and any and all
other approvals necessary for Tenant's intended use of the property. The Leased Premises as
described herein may therefore be modified by the Tenant to reflect the final engineering design.
An amended Exhibit "C" (if necessary) will be provided by the Tenant and attached to the lease
in place of the existing Exhibit "C", a copy of which will be provided to the City for review prior
to being incorporated into the lease.
See the attached drawings dated 02/08/06, identified with Site Name: IE04859-SB387 Palm
Springs Stadium and Site Number: IE04859, Sheets T-L A-1, A-2, and A-3.
A final drawing or copy of a property survey depicting the above will replace this
Exhibit "C" when initialed by City.
Notes:
1. This Exhibit may be replaced by a land survey or Site Plan of the Leased
Premises once it is received.by Tenant.
2. Setback of the Leased Premises from the City's boundaries shall be the distance
required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental
authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antermas and
transmission lines are illustrative only. Actual types, numbers and mounting positions may vary
from what is shown above.
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EXHIBIT "W9
RULES & REGULATIONS
1. Tenant and its authorized representatives and invitees shall use any roadway,
walkway, or driveway only for ingress to or egress from the Leased Premises. Use of the
common areas shall be in an orderly manner in accordance with directional or other signs or
guides. Roadways shall not he used at a speed in excess of five miles per hour and shall not be
used for parking or stopping, except for the immediate loading or unloading of passengers.
Walkways shall be used only for pedestrian travel.
2. No person shall use any utility area, truck loading area, or other area except for the
specific purpose for which permission to use these areas has been given.
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EXHIBIT "E"
SPECIAL PROVISIONS
No demolition nor constriction shall be commenced nor be deemed to have commenced
at the Leased Premises until Tenant has provided City with a surety bond in the amount of the
total estimated demolition costs and construction costs of the improvements to be constructed by
Tenant. The surety bond shall be in a form reasonably acceptable to the City Engineer and shall
state the following:
1. That it is conditioned to secure the completion of the proposed demolition and
construction, free from all liens and claims of contractors, subcontractors, mechanics, laborers,
and materialmen.
2. That the demolition and construction work shall be fully and faithfully performed
by Telilnt, the general contractor, or, on their default, the surety.
3. That in default of such completion and payment, such part of the amount of the
bond as shall be required to complete the work shall be paid to City as liquidated and agreed
damages for the non-performance of the Tenant's obligation under this Lease, it being agreed
that the amount of City's damages is extremely difficult to ascertain and detennine.
4. That the surety will defend and indemnify City against all loss, costs, damage,
expense, claims, and liabilities arising out of or connected with the demolition and construction.
In lieu of a surety bond, Tenant may provide surety bonds supplied by Tenant's general
contractor or contractors, provided such bonds contain the same conditions, are issued jointly to
Tenant and City, and are in an amount equal to the total estimated demolition costs and
construction cost of the improvements.
Should Tenant act as owneribuilder then all subcontractors shall provide demolition and
construction surety bonds on the same conditions as above stated for surety bonds to be provided
by Tenant's general contractor.
All surety bonds must be issued by a responsible surety company qualified to do business
in the State of California, reasonably acceptable to the City Engineer, and shall remain in effect
until the entire cost of the work shall have been paid in fall and the new improvements shall have
been insured as provided in this Lease.
Upon completion of the improvements and any approved modification thereto, City shall
execute and deliver to Tenant a Certificate of Completion which shall recite that City has
inspected and approved all of the improvements and that there exists no default in this Lease
with respect to the improvements as of the date of the Certificate, if such is the fact.
All future construction, structural modifications, alterations, or major or minor repairs
shall comply with the provisions of the City's then current Design Criteria - and shall not be
commenced without the City Engineer's prior written approval that the plans, specifications and
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schedule for such construction, structural modification or alteration are in conformance
therewith, and that all applicable fees and charges due City by Tenant have been paid.
City may post upon the Leased Premises a "Notice of Nonresponsibility."
Tenant shall at all times indenmify and save City harmless from any and all claims for
labor or materials in connection with demolition, constriction, repair, alteration, or installation of
strictures, improvements, equipment, or facilities at the Leased Premises, and from the cost of
defending against such claims, including attorney's fees.
In the event a lien is imposed upon the Leased Premises as a result of such demolition,
construction, repair, alteration, or installation, Tenant shall procure and record a surety bond,
naming City as obligee, which frees the Leased Premises from the claim of the lien and from any
action brought to foreclose the lien.
Should Tenant fail to procure and record said bond within thirty (30) days after written
notice of the filing of any such lien, this Lease shall be in default and shall be subject to
in>mediate tennination by City, anything in this Lease to the contrary notwithstanding.
UTILITIES.
1. Tenant shall make all arrangements for and pay for all telephone and electric
service and connection charges for such services
2. If it is required that the construction of new or additional utility installations,
including without limitation wiring,plumbing, conduits and mains, result from Tenant's changed
or increased utility requirements, Tenant shall be solely liable for all costs.
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