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HomeMy WebLinkAboutT-Mobile West Corporation - a Subsidiary of T-Mobile USA, Inc. - 2011-01-18 RECEIVED 1 AUG 26 PM 12: 32 CITY CLEF?: CITY OF Hll'ITINGTON BE C 0-1. Toll Fms: (977)373M3 PropertyManaflement0 T-Mobile.com 8/20/2021 City of Huntington Beach Attn:City Clerk Attn:Real Estate Services Manager 1000 Main Street Huntington Beach,CA 92648 Re: Lease Renewal Notice Site Address: 2000 Main St;Huntington Beach CA 92648 T-Mobile Site No. LA02902A To Whom It May Concern: This letter shall serve as T-Mobile's notice to renew the agreement for another term.effective 101112021. T-Mobile appreciates the opportunity to continue leasing space from you. 7Mobde's preferred method ofpayment is direct deposit using an electronic funds transfer(EFT)service. Please go to a.±o -i - .r =to enroll, or call Paymode-X toll free at 1-866252-7366 We strongly encourage you to take advantage of this tree electronic service. To process any further requests in a timely manner please include the Site number on all communications. The Site number can be found on all T-Mobile correspondence. Should you have any questions or comments, Property Management can be contacted via email or telephone as noted above. Sincerely, T-Mobile, Lease Management Team T-Mobile USA, Inc.,Attn: Lease Compliance, 12920 SE 38'Street,Bellevue,Washington 98006 • *Mobile Send property management issues to: Property Management T-Mobile Site ID:IE04242A 12920 SE 38th Street SENT VIA CERTIFIED AND FIRST-CLASS U.S. MAIL Bellevue,WA 98006 Prom}ManaaememaJ-Mobile.com RETURN RECEIPT REQUESTED Phone:877-373-0093 Fax:813-353-6449 November 6,2019 ATTN:Director of Economic Development City of Huntington Beach i 2000 Main Street Huntington Beach,CA 92648 f I Re: T-Mobile Site#: LA02902A Site Address:2000 Main Street,Huntington,CA 95825 l Consent Request and Acknowledgement for Rooftop Access and Safety Improvements Dear City of Huntington Beach: T-Mobile West LLC, a Delaware limited liability company, formerly known as T-Mobile West Corporation,as successor-in-interest to TMO CA/NV LLC,formerly known as Pacific Bell Wireless,LLC, successor-in-interest to Pacific Bell Mobile Services ("T-Mobile") and City of Huntington Beach ("Landlord") are parties to a Site Lease Agreement January 19, 2011, ("the Lease") for a site located at 2000 Main Street,Huntington,CA 95825 upon which T-Mobile operates wireless antenna facilities. Pursuant to the Lease,T-Mobile can modify or upgrade its facilities at any time during the term of the Lease after obtaining Landlord's approval. T-Mobile needs to replace and/or upgrade its facilities by installing the equipment described in the attached Exhibit 1. All equipment shall be installed as described in the drawings and/or images attached to this consent request as Exhibit 1. To confirm your approval of the modifications described in this letter, please sign and date the following acknowledgement on this letter and return the signed letter to T-Mobile via mail or email. For your convenience, if you choose not to respond to this request within thirty (30)business days, T-Mobile will deem consent to be granted.. If you have any questions, please contact Timothy Johnson III at 408-610-8903 or through email at timothy.johnson@smartIinkllc.com. Thank you for your cooperation and attention to this matter. Sincerely, Acknowledged,Accepted and Agreed: Timothy Johnson III Landlord: i Real Estate and Land Use Specialist/Smartlink LLC By. c/o T-Mobile West LLC Name' S tJ 65 3300 Irvine Ave.,Suite 300 Title: C&M#i►Vt4%T I D w,-4 a tl LO Ctb IL Newport Beach,CA 92650 Date: 1j 1�Za Exhibit 1 Install caution on(3)pipes at roof access door Marquez, Carlos From: Timothy Johnson <timothyjohnson@smartlinkllc.com> Sent: Thursday,January 2, 2020 4:38 PM To: Marquez, Carlos Subject: RE:T-Mobile OSHA Safety Improvements at 2000 Main Street, Huntington, CA 95825 (T- Mobile Site# LA02902A) Hi Carlos, The consent letter that I sent you is in regards to safety improvements on the rooftop that T-Mobile is making in order to be in compliance with OSHA's 2016 final rule on Walking-Working Surfaces and Personal Fall Protection Systems.This OSHA rule is designed to protect workers in general industry from falls and is in line with current construction guidelines. Here is a bit of background on OSHA's 2016 ruling: https://www.osha.gov/walking-working-surfaces/ Let me know if you need anything else. Thanks, Tim smart Timothy Johnson III Real Estate and Land Use Specialist Smartlink LLC 3300 Irvine Avenue, Suite 300 Newport Beach, CA 92660 (m) 408-610-8903 (f) 949-468-0931 i smartlinkllc.com Like Us on Facebook I col ow_Us on_Twittgr � onnect with Us on Lini.,:ars Proud Sponsor of the Chesapeake Bayhawks,S-Time Major League Lacrosse Champions!www.thebayhawks.com This electronic mail(including any attachments)may contain information that is privileged,confidential,and/or otherwise protected from disclosure to anyone other than its intended recipient(s).Any dissemination or use of this electronic email or its contents(including any attachments)by persons other than the intended recipient(s)is strictly prohibited.If you have received this message in error,please notify us immediately by reply email that we may correct our internal records.Please then delete the original message(including any attachments)in its entirety.Thank you. From:Timothy Johnson Sent:Thursday,January 2,2020 4:26 PM To: Marquez,Carlos<carlos.marquez@surfcity-hb.org> Subject: RE:T-Mobile OSHA Safety Improvements at 2000 Main Street, Huntington, CA 95825 (T-Mobile Site# LA02902A) Hi Carlos, Disregard the earlier email.See the correct letter and lease exhibit. t T - %4-,ir:.idi 'lii+i dr. h1F„'Ry.i�'a CW PMQ LV 4 0.eR1En`iY i E4�TE 7Q�i HAEt13EhE �'JIILC'91ti1 r,ttlLTpl fAzfZ 3'iCnE4FRifC8�7'-%SF Ib by 3emc 'h. U"FeMas use s ar eav Q ?� lid 1V-X '11�•. r V #CENTERLINE 4 c:l tSK� LAB 1 -I g�' 4ff4i�RT ...�£•5 it��:.—.....�.. I rt� AMSAJ49i 11 M � 3GVj� CF 4lfi. Q - <iXwiSwC Z'A1�LK5•< 7�IC14�A'FdN IM n1JlJf Rank 1 RM Al- �l InS�ull Caen �ri� on �3� pipes s IWRM 4 ti 1 y'' R y 1 � 1 1 MMM ap f i f 1. a y {� z.� r a M. 4 I 1 .t w .s e .A t . s r N' } `J if •5x• '`+w { .' • is i 2 I i i i i { i i 1 _ r y t`a • t.. 1' yr � . i. m •Mobile.. Send property management issues to: Property Management T-Mobile Site ID:IE04242A 12920 SE 38th Street SENT VIA CERTIFIED AND FIRST-CLASS U.S. MAIL Bellevue,WA 98006 VESTED ProgKMManagementnT-Mobile.com RETURN RECEIPT REQUESTED Phone:877-373-0093 Fax:813-353-6449 November 6, 2019 ATTN: Director of Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: T-Mobile Site#: LA02902A Site Address: 2000 Main Street,Huntington,CA 95825 Consent Request and Acknowledgement for Rooftop Access and Safety Improvements Dear City of Huntington Beach: T-Mobile West LLC, a Delaware limited liability company, formerly known as T-Mobile West Corporation,as successor-in-interest to TMO CA/NV LLC,formerly known as Pacific Bell Wireless,LLC, successor-in-interest to Pacific Bell Mobile Services ("T-Mobile") and City of Huntington Beach ("Landlord") are parties to a Site Lease Agreement January 19, 2011, ("the Lease") for a site located at 2000 Main Street, Huntington, CA 95825 upon which T-Mobile operates wireless antenna facilities. Pursuant to the Lease,T-Mobile can modify or upgrade its facilities at any time during the term of the Lease after obtaining Landlord's approval. T-Mobile needs to replace and/or upgrade its facilities by installing the equipment described in the attached Exhibit 1. All equipment shall be installed as described in the drawings and/or images attached to this consent request as Exhibit 1. To confirm your approval of the modifications described in this letter, please sign and date the following acknowledgement on this letter and return the signed letter to T-Mobile via mail or email. For your convenience, if you choose not to respond to this request within thirty (30) business days, T-Mobile will deem consent to be granted.. If you have any questions, please contact Timothy Johnson III at 408-610-8903 or through email at timothy.johnson@smartlinklIc.com. Thank you for your cooperation and attention to this matter. Sincerely, Acknowledged,Accepted and Agreed: Timothy Johnson III Landlord: Real Estate and Land Use Specialist/Smartlink LLC By: c/o T-Mobile West LLC Name: 3300 Irvine Ave.,Suite 300 Title: Newport Beach,CA 92650 Date: Exhibit I Install caution on (3) pipes at roof access door T - eMobiles fw*"WMW OmccwI mkct Ku is SITE DW POLICE DER no, a LA02902A BE44 TIE RREGSW try GrOW) MIMST Uh EX 14RIMTW 1111 OFF BMW W,FOR93FM 41 30A DN*M EX A,WE EX WRM xau"W [OCAUVOIM or.W! OW SrE mw u FI FQ"'V Now KWK fm EX T Wjj Ah N XXRtI5FXMT ZIWRW e E'T ': .A : E�6. BE D724p #CENTERLINE 7 Ncjk-AA VIM 0 aid 0� .77,EOU EX STOS TO Offi z1aw \ Q TD V�L NVAP NBY APYBY El Q KS WA CNA PLATFO T"; 7%LL Step I! A ROOF Rank 1 PLAN swww (D A 1 2 1 ROOF PLAN IWAL"Is-I'T i 5 a R 1 }` is f?. y5 yf L! �r. 4 v t S .r fir,. i 77.1 `v •• �y:i ` W �''.. . �� irk.,+ _ 4y _ • ...� y',t ' }. �._ F�. �, �.+_ �� a• +�. Orr _ t Esparza, Patty From: Estanislau, Robin Sent: Tuesday, December 03, 2019 2:02 PM To: Esparza, Patty Subject: FW: T-Mobile OSHA Safety Improvements at 2000 Main Street, Huntington, CA 95825 (T- Mobile Site# LA02902A) Attachments: LA02902A_OSHA_Consent_Letter_LE_11.06.2019.pdf Can you put a copy of this letter into the file? Robin Estanislau, CMC, City Clerk City of Huntington Beach 714-536-5405 Please consider the HB City Clerk's office for your passport needs! Note: Huntington Beach City Hall will be closed to the public on Tuesday, December 24, 2019 at 12:00 PM, and will reopen on Thursday, January 2, 2020 at 8:00 AM. Passport Acceptance Service will not be available during the scheduled closure. From:Timothy Johnson <timothy.johnson@smartlinkllc.com> Sent:Tuesday, December 03, 2019 12:44 PM To: Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Subject: T-Mobile OSHA Safety Improvements at 2000 Main Street, Huntington, CA 95825 (T-Mobile Site# LA02902A) Dear Robin, I hope this email finds you well. I'm working on a T-Mobile OSHA Safety Modification project and one the cellular sites impacted by the safety project is your property located at 2000 Main Street, Huntington, CA 95825. I've attached a copy of the consent letter and lease exhibit for your review and approval. As per the lease agreement between City of Huntington Beach and T-Mobile, I've also sent you a copy of the attached consent letter by LISPS Certified Mail. Please let me know if you have any questions about the proposed safety improvements. I'm looking forward to working with you on this project.Thank you for your time and attention to this matter. Best, Tim sr-nart Timothy Johnson III Real Estate and Land Use Specialist 1 Smartlink LLC 3300 Irvine Avenue, Suite 300 Newport Beach, CA 92660 (m) 408-610-8903 1 908-229-3SS1 (f 949-468-0931 smartlinkllc.com Like Us on Facebook Follow Us on Twitter Connect with Us on LinkedIn Proud Sponsor of the Chesapeake Bayhawks, 5-Time Major League Lacrosse Champions! www.thebayhawks.com This electronic mail (including any attachments)may contain information that is privileged,confidential,and/or otherwise protected from disclosure to anyone other than its intended recipient(s).Any dissemination or use of this electronic email or its contents(including any attachments)by persons other than the intended recipient(s)is strictly prohibited.If you have received this message in error, please notify us immediately by reply email that we may correct our internal records.Please then delete the original message(including any attachments)in its entirety.Thank you. 2 w,. Council/Agency Meeting Held:_/ Deferred/Continued to: -LApp oved ❑ Conditionally Approved ❑ Denied * y I 's Sign e Council Meeting Date: January 18, 2011 Department ID Number: ED 11-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stanley Smalewitz, Director of Economic Development SUBJECT: Approve and authorize execution of an Amended and Restated Site Lease Agreement between the City of Huntington Beach and T-Mobile West Corporation for an existing wireless telecommunications system located on the Civic Center rooftop Statement of Issue: The City Council is asked to approve an amended and restated site lease agreement with T-Mobile West Corporation for an existing wireless telecommunication system located on the Civic Center rooftop. Financial Impact: One time payment to General Fund Revenue of $122,500, in addition to over $30,000 in annual revenue to the General Fund. Recommended Action: Motion to: Approve and authorize Mayor and City Clerk to execute the "Amended and Restated Site Lease Agreement Between the City of Huntington Beach and T-Mobile West Corporation, a Subsidiary of T-Mobile USA Inc., a Delaware Corporation Located on the Civic Center Rooftop." Alternative Action(s): Do not approve the Site Lease Agreement. HB -99- Item 5. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 1/18/2011 DEPARTMENT ID NUMBER: ED 11-004 Analysis: In 1999, the Police Department purchased a number of digital phones which were also used as paging devices throughout the police building. In order to have uninterrupted service by the Department for emergency responses, the City entered into an agreement with Pacific Bell Mobile Services to install antennas on the Civic Center rooftop. Because the antennas were for the sole benefit of the Police Department, the City agreed to allow the installation at no monthly lease to the vendor. Pacific Bell later became Cingular Wireless who went out of business and transferred the antennas to T-Mobile in early 2005. In October 2006, the Police Department switched from T-Mobile to Verizon for their digital phone and paging services. This change in service by the Police Department provide the option for T-Mobile to use the antennas for their regular customers instead of the sole use by the Police Department, thus changing the terms of the original Agreement. Upon compiling an inventory of all telecommunication Agreements, staff determined that T- Mobile should have been paying rent effective October 2006 when the Police Department switched services to Verizon, thereby allowing T-Mobile to use the antennas for cellular service. T-Mobile has agreed to the terms and conditions of the amended and restated Site Lease Agreement and to pay the past due rent since October 2006 in the amount of$122,500. The amended and restated lease agreement will be for ten (10) years commencing retroactively on October 1, 2006. This original term of the Agreement may be extended for two (2) additional five (5) year terms upon the mutual consent of both parties. The initial rent will be $2,500 per month with an annual increase of four percent (4%). The approval of this action would be an added benefit to the community by continuing to provide wireless service in the Civic Center area, as well as increasing revenue to the'City's general fund. Environmental Status: N/A Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachmenys): • ® - 1. "Amended and Restated Site Lease Agreement Between the City of Huntington Beach and T-Mobile West Corporation, a Subsidiary of T-Mobile USA Inc., A Delaware Corporation at Civic Center Rooftop" Item 5. - 2 HB -100- ATTACHMENT # 1 I� H9 -101- Item 5. - 3 a DO NOT RECORD AMENDED AND RESTATED SITE LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND T-MOBILE WEST CORPORATION, A SUBSIDIARY OF T-MOBILE USA INC., A DELAWARE CORPORATION AT CIVIC CENTER ROOFTOP THIS SITE LEASE AGREEMENT ("Agreement") is made and entered into this zof 20 // , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein referred to as "Lessor," and T- MOBILE WEST CORPORATION, a subsidiary of T-MOBILE USA INC., a Delaware corporation, hereinafter referred to as "Lessee."The parties hereto agree as follows: ARTICLE 1 —TERM OF LEASE Section 1.01 Property and Use (a) Lessor is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California as more particularly described in Exhibit "A" (Legal Description), attached hereto and incorporated herein by reference ("Property"). The Property is commonly known as Civic Center Roof Top, City Hall, 2000 Main Street, Huntington Beach, CA 92647. (Site#LA2902). (b) Lessee is a provider of communication services which require the transmission and reception of radio communication signals on various frequencies. (c) Lessee has placed and continues to operate original and additional equipment and antennas on the City Hall rooftop without consent of Lessor. (d) Subject to the terms and conditions-contained herein, Lessor hereby grants to Lessee the privilege to upgrade, operate and maintain such communication equipment, structures and improvements ("Lessee's Facilities"), more specifically described in Exhibit "B" (Site Sketch) attached hereto and made a part hereof, for mobile/wireless telecommunications services on the licensed area described in Exhibit "B." (e) The right and permission of Lessee is revocable as set forth herein for the Term and each Renewal Term and is subordinate to the prior and paramount right of Lessor to use the Property in its entirety for public purposes to which now it is and may, at the option of Lessor, be devoted. Lessee undertakes and agrees to use the Property and to exercise this Lease at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Property by Lessor including emitting frequencies that may affect City public safety communications. Notwithstanding the foregoing, Lessor agrees to use good faith efforts to carry out its public purposes in a manner that will, whenever feasible, continue to accommodate Lessee's use of the Property as set forth herein. (f) Lessor represents and Lessee hereby acknowledges title to the Property is vested in Lessor and Lessee agrees never to assail or resist the same, and further agrees that Lessee's use and occupancy of the Property shall be referable solely to the permission herein given. (g) Subject to Section 4 below: (i) Lessee acknowledges that it is the intent of the Lessor to Page 1 of 19 08-1835 001 54575 DO NOT RECORD collocate the facilities of several wireless carriers at this location; (ii) Lessee shall make reasonable efforts to locate its equipment and facilities in such a manner so as to accommodate any and all additional carriers licensed by the Lessor to use the Property; (iii) Lessee will work in a timely and cooperative fashion to assist the Lessor and any and all additional wireless carriers that are licensed by the Lessor, to locate and operate a wireless facility on the Lessor 's Property. Lessee acknowledges that it shall have no right to independently negotiate and/or physically collocate additional carriers on its facilities or equipment without the prior written consent of Lessor WHICH MAY BE WITHHELD WITHOUT CAUSE AND AT LESSOR' S SOLE AND ABSOLUTE DISCRETION. Lessee and Lessor acknowledge that such consent may be conditioned upon Lessor entering into an agreement with such additional carriers for the placement of their equipment. In such event the parties will enter into a third party agreement whereby the Lessor and Lessee will share Lease fee at a percentage to be agreed upon in the future. Section 1.02 Condition Precedent This Agreement is conditioned upon Lessee receiving a license, or already having a license, from the Federal Communications Commission ("FCC") and all applicable governmental permits and approvals, including any conditional use permits and/or any other use or other City permits and conditions of approval thereto, (collectively "Approvals") enabling Lessee to construct and operate Lessee's Facilities. In the event Lessee, despite good faith efforts to do so, has not been able to obtain any such Approvals within one hundred eighty (180) days after the full execution of this Agreement, Lessee may terminate this Agreement without penalty or further liability by providing written notice to Lessor prior to the expiration of the one hundred eighty (180) day period. The installation, operation and maintenance and any upgrades of Lessee's Facilities on the Property are subject to all ordinances and regulations of general application now in effect or subsequently enacted including, but not limited to those concerning encroachment permits, business licenses, zoning and building. Lessee agrees that any upgrades, additions, alterations, or any new construction whatsoever other than specifically set forth herein, must be re-reviewed and approved in writing by Lessor prior to the addition or construction taking place. Section 1.03 Term In consideration of the Lessor's property being used without the Lessor's consent, the term of the Agreement for the Property ("Term") shall be ten (10) years commencing retroactively from October 1, 2006 ("Commencement Date"). The Term of the Agreement for the Property may be extended for two (2) additional five (5)-year terms (each additional term shall be a "Renewal Term") upon the mutual consent of the parties. Lessor may withhold consent for Renewal Terms, if at its sole discretion, Lessor determines that the Property will be used for public purposes that are inconsistent with this Agreement. Each Renewal Term shall be on the same terms and conditions set forth herein. Section 1.04 Lease Fee (a) Within thirty (30) days of the full execution date (date of City Council approval), Lessee shall pay all retroactive Lease fees at $2,500 month from October 1, 2006 through October 31, 2010 for a total amount of $122,500 or Lessee shall be considered in material breach of this license. If lump sum is not paid within thirty (30) days of execution, an additional late charge of ten percent (10%) and one and a half percent (1 '/z %) interest per month for each month payment hereunder is due but unpaid. On the first day of each month Page 2 of 19 08-1835,001 54575 DO NOT RECORD thereafter during the Term or Renewal Term ("Payment Date"), Lessee shall pay Lessor a monthly Lease fee in the amount of Two Thousand Five Hundred and 001100 Dollars ($2,500) ("Lease Fee") adjusted in accordance with paragraphs below. The parties agree that this is a net Agreement intended to assure Lessor the Lease Fee reserved on an absolute net basis. In addition to the Lease Fee, Lessee shall pay to the parties entitled thereto all taxes, assessments, insurance premiums, maintenance charges, and any other charges, costs and expenses to the extent attributable to Lessee's use of the Property or Lessee's Facilities. Any portion of the Lease Fee shall incur the,following additional charges in the event it remains unpaid within ten (10) days following Lessor 's written notice of late payment: (i) A late charge of ten percent (10%); and (ii) One and a half percent(1-1/2%) interest per month for each month payment hereunder is due but unpaid. (b) In the event separate meters for utilities are not utilized, Lessee shall pay for the costs of a sixty (60) or ninety (90) day energy use study which shall become a stipulated energy access fee as due and payable to the City each month. Lessee agrees to defend and hold harmless the City as provided for in Article 5 of this Lease Agreement for any issues that may arise regarding the non-use of separate meters, including but not limited to matters before administrative agencies. (c) Lessor and Lessee agree that the Lease Fee shall annually adjusted each year beginning on the first anniversary of the October 1, 2010 ("Escalation Date") such that the Lessee Fee shall be increased by four percent (4%).Any holding over after the expiration of the Term or Renewal Term and following notice from Lessor of its intent not to renew or extend the Term of this Agreement shall be construed to be an extension from month to month at 2 times the then current Lease Fee (which shall include the annual increase herein specified) and shall otherwise be on the conditions herein specified, so far as applicable. Section 1.05 Additional Consideration Within thirty (30) days after the full execution of this Agreement, Lessee shall deposit with Lessor the sum of Ten Thousand Dollars ($10,000) to be retained by Lessor as additional consideration for this Lease. Notwithstanding the foregoing, Lessor agrees that, pursuant to Section 1.02, Lessor shall refund Lessee fifty percent (50%) of the additional Lease Fee deposit should Lessee not be able to obtain Approvals to construct Lessee's Facilities despite good faith efforts to do so as required herein. This section shall not apply to upgrades or any future construction on the Premises. Section 1,06 Non-Possessory Interest Lessor retains full possession of the Property and Lessee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Lessee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. Section 1.07 Non-Recording Lessee may not record this Agreement or a memorandum of this Agreement. Page 3 of 19 08-1835.001 54575 DO NOT RECORD ARTICLE 2—TAXES AND UTILITIES Section 2.01 Taxes Lessee shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any government entity, including Lessor , on Lessee's Facilities or the Property attributable to Lessee's Facilities. If such taxes are not assessed separately to Lessee, Lessor shall timely provide Lessee with evidence, reasonably acceptable to Lessee, of such tax assessment and the amount due, which is attributable to Lessee's Facilities, sufficient to allow Lessee to consent to or challenge such assessment. Section 2.02 Utilities (a) Lessee shall pay for the following at the rate charged by the service provider and hold Lessor free and harmless from all utilities furnished to the Property for the use, operation and maintenance of Lessee's Facilities during the Term of this Agreement, or any extension thereof, and for the removal of garbage and rubbish, from the Premises and, to the extent caused by Lessee or its contractors, employees or agents, the Property, during the Term of the Agreement, or any extension thereof. (b) Lessee shall have the right to keep current utilities and to improve the present utilities on or near the Property and to maintain all at Lessee's sole cost and expense. Subject to Lessor's contracting power, and at the reasonable discretion of the City Attorney, Lessor agrees to execute such documentation as may be required by the servicing utility provider in order for Lessee to acquire necessary utility service at no cost to Lessor. Notwithstanding the foregoing, the parties acknowledge that such documentation must be commercially reasonable and nothing herein will waive Lessor's right to determine in consultation with the servicing utility provider the route of Lessee's utility easements. Lessee shall, wherever practicable, install separate meters for utilities used on the Property by Lessee. In the event separate meters are not utilized, Lessee shall pay the charges identified herein for all utilities attributable to Lessee's use. Lessee shall have the right to place utilities on Lessor's Property in order to service the Property and Lessee's Facilities provided the location of such utilities is pre-approved by Lessor and the servicing utility provider, which approval shall not be unreasonably withheld and shall be given within thirty (30) days of a request to locate utilities from Lessee. Lessee shall be responsible to relocate its utilities or other substructures, at Lessee's sole cost and expense, within forty- five (45) days after receiving written notice to do so by Lessor. Lessor shall only require relocation of Lessee's utilities or other substructures if Lessor reasonably determines that relocation is necessary to permit Lessor's ordinary use of the Property for public purposes. Lessee shall comply with all requirements to underground utilities. ARTICLE 3—IMPROVEMENTS AND ACCESS Section 3.01 Lessee's Facilities (a) During the Term or any Renewal Term, Lessee shall have the right, at its sole cost and expense, to maintain and operate Lessee's Facilities on the Property. In connection therewith, Lessee, through the appropriate permit or approval process, shall have the right to perform all work necessary to prepare, maintain and alter the Property for Lessee's Facilities_ Lessor shall endeavor to approve within forty-five (45) days, all plans and specifications for such work, in writing, before any work, except technician maintenance or repair, may begin. Page 4 of 19 08-1835.001 54575 DO NOT RECORD (b) Lessor reserves the right to add additional telecommunication or other equipment as may be needed by Lessor and/or enter into additional agreements with any third party to install and operate additional telecommunication equipment on the Property so long as the equipment does not interfere with Lessee's Facilities. Lessor reserves the exclusive right to negotiate and collect all rents, Lease fees or any other payments from any arrangements it enters into with such third party. (c) Except as provided herein, Lessor shall not have the right to install equipment on the Lessee's Facilities or within the area depicted by the "Site Sketch" as shown on the attached Exhibit B which is designated for Lessee's exclusive use. (d) Any and all modifications to the Lessor's property must meet all applicable structural engineering, building and safety standards for this type of public facility. (e) Lessee shall hold title to Lessee's Facilities and any equipment placed on the Property by Lessee. All of Lessee's Facilities shall remain the personal property of Lessee and are not fixtures. Lessee has the right to remove all of Lessee's Facilities at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Property, including the use of the Property by Lessor or any of Lessor's Lessees, assignees or Lessees. Lessee shall repair any damage to the Property caused by such removal and will leave those portions of the Property impacted by License's use in the same condition they existed in prior to the Commencement Date, reasonable wear and tear and casualty excepted. Lessee shall be required to remove all of Lessee's Facilities and improvements, including antennas, and if Lessee fails to do so within ninety (90) days, Lessor may elect to do so at Lessee's sole cost and expense or elect to not remove its Facilities, in which case, such Facilities shall become the property of Lessor, at Lessor's option, in their "AS IS" and "WHERE IS" condition without representation or warranty of any kind or nature. Lease fee shall not cease, unless and until all the Lessee's Facilities that Lessee must remove, are removed or Lessor has taken title to them as set forth herein. (f) Lessee shall be required to provide for electrical service including separate sub-metering as provided herein to and through Lessor's property at Lessee's sole cost and expense. Any encroachment necessary for such utility service will be at a location reasonably acceptable to Lessor and the servicing utility. (g) Lessor shall provide Lessee and its employees, agents, contractors and subcontractors access to the Premises and Lessee's Facilities twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. Except in the case of emergencies, Lessee shall give Lessor twenty-four (24) hours notice prior to entry into the Property. Lessor represents and warrants that it has full rights of ingress and egressto and from the Property, and hereby grants such rights to Lessee to the extent required to construct, maintain, install, and operate Lessee's Facilities on the Property. Lessee's exercise of such rights ,shall not cause undue inconvenience to Lessor nor shall any such exercise interfere with the use of the premises by Lessor or its Lessees, guests, or assignees. In the event of an emergency threatening the health or safety of persons or property, Lessor shall contact Lessee's emergency hotline at the telephone number listed under the notice provision of this Agreement whereupon Lessee shall promptly address the issue and take Page 5 of 19 08-1835.001 54575 DO NOT RECORD such actions as are reasonably required given the nature of the emergency. Should. changes be made to the contact names and telephone number, Lessor shall be notified prior to the change. (h) Unless caused directly by Lessor, its agents, employees or contractors, Lessee shall, at its sole cost and expense, maintain and repair the Premises and Lessee's Facilities including, but not limited to, the removal of all trash, debris and graffiti therefrom. Lessor may exercise its right to self-help and bill Lessee in the event trash, debris and graffiti are not removed within forty-eight (48) hours of notice thereof to Lessee_ If Lessee causes any damage to the Property or to access roadways or other nearby facilities, it shall properly repair same to the condition in which it existed prior to the damage. Lessee shall provide contact names for damage/graffiti control. In addition, should changes be made to the contact names and telephone number, Lessor shall be notified prior to the change. (i) Entry and Inspection. Lessor may at any time, without any obligation to do so, enter the Property for the purpose of viewing and ascertaining the condition of the Property, or to protect its interests in the Property, or to inspect the operations conducted on the Property provided that Lessor gives Lessee enough prior written notice to reasonably allow Lessee to accompany Lessor on such inspection to help assure the safety of the visitors and to minimize any accidental interference with Lessee's Facilities. If Lessor's entry or inspection discloses that the Property is not in a decent, safe, healthy, and sanitary condition, Licensor may, after twenty (20) days written notice to Lessee, have any necessary maintenance work done in order to keep the Property in a decent, safe, healthy, and sanitary condition, all at Lessee's sole cost and expense, and Lessee shall promptly pay any and all commercially reasonable costs incurred by Licensor in having the necessary maintenance work done. If at any time Licensor determines that the Property is not in a decent, safe, healthy, and sanitary condition, Lessor may, without additional notice, require Lessor to file with Lessor a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy, and sanitary. The bond shall in an amount adequate in Lessor's reasonable opinion to correct the unsatisfactory condition but shall not exceed $10,000.00. Lessee shall pay the cost of the bond. The rights reserved in this section shall not create any obligation on Lessor or increase Lessor's obligations elsewhere in this Lease Agreement. Upon the expiration or termination of this Agreement, Lessee shall surrender the Property to Lessor in good and clean condition, less ordinary wear and tear, and as approved in writing within ten (10) business days from Lessee's vacate date by Lessor. Section 3.02 Liens Lessee shall not permit any mechanics' or materialness', or other liens, or stop notices, to stand against the Property by reason of any use or occupancy by Lessee, or any person claiming under Lessee. If Lessee desires to contest or withhold any payment which would lead to the placement of any such liens or stop notices, or contest any such lien, or stop notice, then prior to commencing such contest and withholding, Lessee shall furnish Lessor with a bond to secure the payment of such obligation and obtain Lessor's prior written approval of the bond. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning Lessee's Facilities or any portion thereof, which shall be deemed Lessee's personal property. Page 6 of 19 08-1835.001 54575 DO NOT RECORD ARTICLE 4—INTERFERENCE Section 4.01 Interference (a) Lessee shall operate Lessee's Facilities in such a manner that will not cause signal interference to communication equipment operated by Lessor in the normal course of providing public services and other previously authorized users of the Property and shall not disturb the communications equipment, configuration or frequency that exists on the Property on the Commencement Date of operation of Lessee's Facilities. Lessee's operations shall not interfere with any of Lessor's communications operations on a citywide basis, either current or future, nor with any third party's communications operations provided that the third party's communications operations were installed prior the installation of Lessee's Facilities. The final determination of this interference rests solely with Lessor. In the event Lessee caused signal interference should occur, all costs to remedy the interference shall be borne by Lessee. All communication systems operations, operating in the same manner as of the time of installation of Lessee Facilities and in compliance with all applicable laws, including all applicable Federal Communications Commission requirements shall not be deemed interference to Lessee. All operations by Lessee shall be lawful and in compliance with all applicable laws, including all applicable Federal Communications Commission requirements. (b) Lessee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. (c) Subsequent to the installation of Lessee's Facilities, Lessor shall not permit use of the Property in a manner which interferes with the communication operations of Lessee and shall cause any such interference to promptly cease unless said interference is caused by public safety communication operations. In the event Lessor reasonably determines that a third party's operations contained within Lessor's Property do not interfere with Lessee's communications operations, and Lessee is still experiencing interference, Lessee shall have the right to hire, at Lessee's sole cost and expense, a non-affiliated, third-party consultant that is an expert in radio frequency interference issues ("Expert") to determine the source of such interference. This Expert shall determine the source of such interference, and will recommend in writing an appropriate course of action to eliminate the interference with Lessee's Facilities. If the Expert determines that a third party's operations interfere with Lessee's communications operations, Lessee shall provide Lessor with the Expert's written recommendation, and Lessor shall enforce the provisions of this Section, and promptly mandate the elimination of the third-party's interference which is contained within the Lessor's Property. (d) Subsequent to the installation of Lessee's Facilities, Lessor and Lessee shall notify each other thirty (30) days prior to the use or installation of any equipment on the Property, which may likely interfere with Lessee's Facilities, Lessor's facilities or its equipment, or the facilities orequipment of.any other licensee, assignee or sublicensee of Lessor. Within ten (10) business days from Lessee's notification to Lessor, Lessor will forward Lessee contact information to any existing communications, licensee, assignee or sublicensee of Lessor's. (e) If Lessee or Lessor breaches its obligations under this Article 4, the party breaching its obligations, upon receiving written notice from the other party of any such breach, shall take all steps necessary to promptly correct and eliminate such interference. If Lessee breaches its obligation, Lessee shall without limitation modify its equipment and/or Page 7 of 19 08-1835.001 54575 DO NOT RECORD antennas and/or shut down its equipment and/or antennas from any facilities or towers which are causing the prohibited interference. If Lessee cannot correct such harmful interference within thirty (30) days, Lessee shall have the right, in addition to any other rights that it might have at law or in equity, to terminate this Agreement. Upon such termination, Lessor shall return any unearned Lease fee for that month only to Lessee after final inspection and acceptance of the Property from Lessee. (f) Lessee agrees that under no circumstances will its facilities, operations or services interfere in any way or manner with the use or operation of police and fire department's radio equipment, including but not limited to the 800 Megahertz radio system. If, in the sole but reasonable discretion of the Lessor, the Lessee is deemed to have interfered with the use or operation of the police and fire department's radio equipment, and Lessee cannot cure said interference within the time provided in paragraph (e), Lessor, without liability to Lessee, shall have the right to take whatever steps are necessary to temporarily cease and shut down the Lessee's facilities and operations. If reasonably possible, Lessor shall endeavor to give prior notice to Lessee of any impending shut down. (g) If Lessor breaches its obligation, Lessor shall, without limitation, promptly enforce provisions in any Lease or other agreement between Lessor and the persons or entities causing such harmful interference, pursuant to which Lessor may compel such persons or entities to cease operation, modify their equipment and/or antennas, or remove their equipment and/or antennas from any facilities or towers owned or Licensed and/or managed by Lessor on the Property. If Lessor cannot promptly correct such harmful interference, Lessee shall have the right, in addition to any other rights that it may have at . law or in equity, enforce such provisions on Lessor's behalf and/or to terminate the Agreement as per Article 6 contained within this Agreement. Upon such termination, Lessor shall return any unearned Lease Fee and twenty-five percent (25%) of the addition) fee deposit to Lessee after final inspection and acceptance of the Property from Lessee. Notwithstanding the foregoing, in the event such termination occurs after the expiration of the Initial Term of this Agreement, no reimbursement of the additional fee deposit shall be due or owning. (h) Radio-Frequency Radiation. Lessee shall maintain radio-frequency radiation within the levels allowed by Federal Regulations stated in Section 1.1310 of CFR 47 and OET Bulletin 65. Any area casually accessible by the general public or by any worker at ground level shall be maintained below limits stated for General Population/Uncontrolled Exposure. Lessee shall report to Lessor or responsible federal or state agency any areas discovered by Lessee to exceed such federally mandated limits. Lessee shall not hold Lessor responsible for radiation levels found to exceed such limits unless caused by Lessor. The parties hereto acknowledge Hazardous RF radiation levels may be encountered when climbing on antenna structures [Refer to FCC OET Bulletin 65]. Protection of employees performing service on buildings, roofs, air-conditioning equipment, water tanks, communications equipment, or any other maintenance work is of primary concern. Any areas in which such.employees_may be subjected to radiation levels that exceed the General Population/Uncontrolled limits must be clearly identified as required by CAL-OSHA. Page 8 of 19 08-1835.001 54575 DO NOT RECORD ATICLE 5— INDEMNITY AND INSURANCE Section 5.01 Indemnification, Defense, Hold Harmless (a) Lessee hereby agrees to protect, defend, indemnify and hold harmless Lessor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every kind or nature) to the extent caused by Lessee's (or. Lessee's subcontractors, if any) negligent use of the Property or performance of this Agreement including litigation regarding separate meters or its breach of a representation or warranty contained in this Lease by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. Lessor shall be reimbursed by Lessee for all costs and attorney's fees incurred by Lessor in enforcing this obligation. Lessee will conduct all defenses at its sole cost and expense. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Lessee. (b) Lessor hereby agrees to protect, defend, indemnify and hold harmless Lessee, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every kind or nature) to the extent caused by Lessor's (or Lessor's subcontractors, if any) gross negligence or willful misconduct and/or Lessor's breach of a representation or warranty as set forth herein. Section 5.02 Worker's Compensation and Employers' Liability Insurance The parties hereto respectively acknowledge awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Lessee covenants itself that it shall comply with such provisions prior to the commencement of this Agreement and shall obtain and furnish to the other proof of its workers' compensation and employers' liability insurance in amounts not less than the State statutory limits Lessee shall require all sublicenses and contractors to provide such workers' compensation and employers' liability insurance for all of the sublicenses' and contractors' employees as required by law. Lessee shall furnish a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and shall similarly require respective sublicenses and contractors to waive subrogation. Section 5.03 General Liability Insurance In addition to the workers' compensation and employers' liability insurance and Lessee's covenant to defend, hold harmless and indemnify Lessor, Lessee shall obtain and furnish to Lessor, a policy of general commercial liability insurance, including motor vehicle coverage against any and all claims to.the extent.directly caused by Lessee's. use of the Property. This policy shall provide coverage for Lessee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with Lessee's activities on the Property, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Property. This policy shall name Lessor , its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, Page 9 of 19 08-1835.001 54575 DO NOT RECORD and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that Lessee's insurance shall be primary with respect to Lessee's negligence. Under no circumstances shall said above-mentioned insurance contain a self-insured retention on the required coverage with respect to Lessee's negligence. Section 5.04 Property Insurance Lessee shall provide before commencement of this Lease and shall obtain and furnish to Lessor, at Lessee's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company licensed to conduct insurance business in the State of California and having an A.M. Best's rating of no less than A-VII, in an amount insuring for the full insurable value of the Premises, Lessee's Facilities and all Improvements, Trade Fixtures, personal property installed thereon by Lessee, and all trade inventory in or on the Property against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property whether or not owned or Licensed by Lessee, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal property whether or not owned or.Licensed by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to Lessor. The policy shall also contain a special endorsement that if the Premises are so destroyed and either party elects to terminate the License, the entire amount of any insurance proceeds shall be paid to Lessor to the extent necessary to repair the Premises. The proceeds of any such insurance payable to Lessor may be used, in the sole discretion of Lessor, for rebuilding or repair as necessary to restore the Premises. This policy shall also contain the following endorsements: (1) The insurer shall not cancel or reduce the insured's coverage amount without (30) days prior written notice to Lessor; (2) Lessor shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Lessor prior to the Commencement Date of this Agreement. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with Lessor. Increase in Amount of General Public Liability and Property Insurance. Not more frequently than once every five (5) years, if, in the sole but reasonable opinion of Lessor, the amount and/or scope of general public liability insurance and/or property insurance coverage above at that time is not adequate, Lessee may increase such liability coverage amounts as reasonably required by Lessor during the Term or any Renewal Term of this Agreement to comply with telecommunications industry standards. Notwithstanding the foregoing, such increases may not exceed an increase greater than twenty percent (20%) of the then current coverage amount and must be universally applied to all similar telecommunications tenants, licensees and lessees located on the Property. Section 5.05 Certificates of Insurance; Additional Insured Endorsements Prior to the Commencement Date of this Agreement, Lessee shall furnish to Lessor commercially Page 10 of 19 08-1835.001 54575 DO NOT RECORD reasonable certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: (1) provide the name and policy number of each carrier and policy; (2) state that the policy is currently in force; and (3) promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Lessor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance set forth above. Lessee shall maintain the foregoing insurance coverages in force during the entire Term of the Lease or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Lessee's defense, hold harmless and indemnification obligations as set forth in this License. Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required to be carried by Lessee pursuant to this Agreement. Section 5.06 Insurance Proceeds Any insurance proceeds received by Lessor because of the total or partial destruction of said Property or any buildings on said Property shall be the sole property of Lessor. Section 5.07 Insurance Hazards Lessee shall not commit or permit the commission of any acts on said Property by its agents or employees nor use or permit the use of said Property by its agents or employees in any manner that will increase the existing rates for or cause the cancellation of any property, liability or other insurance policy insuring the Property, said Property or the improvements on said Property. Lessee shall not do anything to violate the insurance policies that may now or in the future be kept in place on the Property, or the improvements located thereon, by Lessor in Lessor's sole discretion. ARTICLE 6—TERMINATION AND DEFAULT Section 6.01 Termination in the Event of Casualty or Condemnation (a) In the event of any damage, destruction or condemnation of the Property, which renders the Property unusable or inoperable for Lessee's use as reasonably determined by Lessee, Lessee shall have the right, but not the obligation, to terminate the Agreement with respect to the Property by giving written notice to Lessor within thirty (30) days after such damage, destruction or condemnation whereupon the effective date of termination shall be the date of such-damage; destruction or condemnation. In additions in the event of such damage or casualty should Lessee elect to continue this Agreement, upon request from Lessee, Lessor agrees to work in good faith with Lessee and make available to Lessee, if reasonably available in Lessor's reasonable discretion, a temporary location on the Property, to install and operate temporary transmitting/receiving facilities, including a so- called cell-on-wheels or "COW" during the period of rebuilding. In such event, the Lease Fee shall be abated from the date of the damage, destruction or condemnation but only until such time as Lessee's commences installation of the temporary facility. Page 11 of 19 08-1835.001 54575 DO NOT RECORD (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations on the Property, the Agreement shall terminate as of the date title to the Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. if any property described herein or hereinafter added hereto is taken in eminent domain, Lessee's entitlement to any award or payments, if any, shall be limited to relocation benefits afforded to Lessee pursuant to State or Federal eminent domain / condemnation laws. Lessee shall be entitled to any and all awards, payments and relocation benefits afforded to them through local, State or Federal eminent domain/ condemnation laws. Section 6.02 Termination (a) In addition to other rights of termination as specifically set forth herein, this Agreement may be terminated on thirty (30) days prior written notice as follows: (1) by either party upon a default of any covenant or term, material or otherwise, hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default, provided that the grace period for any monetary default is fifteen (15) days from receipt of notice, or (2) automatically if Lessee loses its license to provide mobile wireless services from the Property for any reason subject to any applicable appeals period, or(3) by Lessee if Lessee is unable to occupy and utilize the Property due to any action of the Federal Communications Commission, including without limitation, a take back of channels or change in frequencies as set forth in Section 1.02 above. (b) Lessor may terminate this Agreement at any time upon twelve (12) months prior written notice to the Lessee due to the implementation of a revitalization plan or any reconfiguration or major maintenance of the Property affecting Lessee's operations. Lessee is hereby granted the right to participate in such process, and will be afforded the opportunity to continue to operate pursuant hereto so long as Lessee meets Lessor's requirements pursuant to such process. (c) Lessor may terminate this Agreement at any time upon thirty (30) days written notice to Lessee should the signal from Lessee's Facilities materially interfere, as objectively determined by a qualified independent engineer, with Lessor 's normal and customary operations and maintenance of its facilities in place and operating on the Commencement Date, provided, however that in the event Lessee solves the interference and/or discontinues use of equipment causing the interference during such thirty (30) day period, this Agreement shall not terminate. (d) Lessee shall have the right to exercise a buyout option ("Buyout") in which Lessee desiring to terminate this Agreement shall remit to Lessor the sum of six (6) months' Lease Fees as liquidated damages. Upon Lessor's written acceptance, which will not be unreasonably withheld, of the Buyout, this Agreement will be terminated. Lessee will be required to faithfully execute all terms and conditions as stated herein prior to termination. Section 6.03 Relocation and Assistance In the event this Agreement is terminated for cause, Lessee shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under city, state or federal relocation assistance plans. In the event this Agreement is terminated pursuant to this Section 6 (Lessor's Default), Lessee shall be entitled to reimbursement of fifty percent (50%) of the additional fee deposit. In the event such default occurs after the Initial Term of this Agreement, Lessee shall not be entitled to the additional fee deposit. Page 12 of 19 08-1835.001 54575 DO NOT RECORD ARTICLE 7—ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 7.01 Permitted Assignment Lessee may assign this Agreement to any wholly-owned affiliate or subsidiary of Lessee or Lessee's parent company provided such assignee can provide Lessor commercially reasonable evidence of its ability to perform the financial requirements under this Agreement. Any other assignment, sublicense, collocation or transfer of Lessee's rights pursuant to this agreement requires Lessor's prior written consent which may be in the form of a tri-party agreement in its sole and absolute discretion. Except as provided above, this Agreement is personal to Lessee, and Lessee will not assign, transfer sublicense or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. Section 7.02 Abandonment by Lessee Should Lessee breach this Agreement and abandon the Property prior to the expiration of the Term or any Renewal Term, Lessor may: (a) Continue this Agreement in effect by not terminating Lessee's right to the Property, in which event Lessor shall be entitled to enforce all its rights and remedies under this Agreement, including the right to recover the Lease Fee/consideration specified in this Agreement as it becomes due under this Agreement; or (b) Terminate this Agreement and recover from Lessee: 1. The worth at the time of award of the unpaid Lease Fee which has been earned at the time of termination of the Agreement, or the sum of one (1) year's Lease Fee, whichever is greater, and 2. The worth at the time of award of the amount by which the unpaid Lease Fee which would have been earned after termination of the Agreement until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided; and 3. The worth at the time of award of the amount by which the unpaid Lease Fee for the balance of the term of this Agreement after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other reasonable amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform its obligations under this Agreement. Section 7.03 Default Should Lessee, beyond any applicable grace or cure period, default in the performance of any of the terms, conditions or obligations contained in the Agreement, Lessor may, in addition to any remedy specified herein, re-enter and regain possession of the Property and require Lessee to remove all of Lessee's Facilities at its sole cost and expense a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Property, including the use of the Property by Lessor or any of Lessor 's licensees, assignees or Lessees. Lessee shall repair any damage to the Property .caused by such removal and will leave the Property in the condition required herein subject to Lessor's reasonable acknowledgement in writing that such conditions have been satisfied. If Lessee fails to remove all its Facilities, including Page 13 of 19 08-1835.001 54575 DO NOT RECORD antennas within forty-five (45) days, Lessor may elect to do so at Lessee's sole cost and expense or,elect to not remove its Facilities, in which case, such Facilities shall become the property of Lessor, at Lessor's option. Any personal property, equipment or other improvements that are'not removed within the forty-five day period shall become the property of Lessor, at Lessor's option in conformance with Section 3.01(e). Section 7.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or the filing of a petition in bankruptcy by Lessee shall terminate this Agreement and entitle Lessor to re-enter and regain possession of the Property. Section 7.05 Cumulative Remedies The remedies given to Lessor and Lessee in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 7.06 Waiver of Breach The waiver by Lessor or Lessee of any breach by the other party of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or another provision of this Agreement. ARTICLE 8—QUIET ENJOYMENT Section 8.01 Quiet Enjoyment Lessor warrants that: (1) Lessor owns the Property in fee simple and has rights of access thereto; (2) Lessor has full rights to make this Agreement; and (3) Lessor covenants and agrees with ; Lessee that upon Lessee paying the Lease Fee and not being in default of this Agreement beyond any applicable grace or cure periods, Lessee may peacefully and quietly enjoy the Property; subject, nevertheless, to the terms and conditions of this Agreement. ARTICLE 9— HAZARDOUS MATERIALS Section 9.01 Hazardous Materials Lessor represents that it has no knowledge, and will not store or dispose, of any hazardous substance on the Property in violation of any applicable federal, state or local law, rule or regulation. Lessee and Lessor represent they shall not introduce, transport or use any hazardous substance on the Propertyin violation of any applicable law. Lessee further agrees to clean-up and, remediate any hazardous substance on the Property released by Lessee or its agents, and to hold Lessor harmless from and indemnify Lessor against, any release of any such hazardous substance and any damage, loss, or expense or liability to the extent caused thereby (including all attorneys' fees, costs and penalties). "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such Page 14 of 19 08-1835.001 54575 DO NOT RECORD laws,.regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after reticence into the environment will or may reasonably be anticipated to cause sickness, death or disease. Lessee and Lessor shall each indemnify, defend and hold the other harmless from and against any and all losses, expenses or liabilities for their respective breach of the representations or warranties contained in this Section. ARTICLE 10— MISCELLANEOUS Section 10.01 Force Majeure—Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause .except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. Provided, however, that nothing contained in this section shall excuse the prompt payment of the Lessee Fee by Lessee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Lessor or Lessee, required to perform the act. Section 10.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: TO LESSOR : TO LESSEE: City Of Huntington Beach T-Mobile USA Inc. Attn: Director of Economic Development 12920 SE 38th Street 2000 Main Street Bellevue, WA 98006 Huntington Beach, CA 92648 Attn: PCS Lease Administrator/ LA02902H Phone: (714) 536-5542 with a copy to: Attn: Legal Dept. / LA02902H with a copy to: T-Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Mgr. / LA02902H with a copy to: Attn: Legal Dept. / LA02902H LESSEE'S EMERGENCY CONTACT NUMBER: 1-888-662-4662. Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices shall be deemed effective three (3) days after deposit in U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business- Page 15 of 19 08-1835.001 54575 DO NOT RECORD day delivery via a nationally recognized overnight courier to the address set forth above. Section 10.03 Contract Administrator The Real Estate Services Manager, or his/her designee, shall be City's Contract Administrator for this.Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section 10.04 Compliance with Laws Lessee shall, at Lessee's sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state and county and municipal, required by Lessee's use and occupancy of the Property and Lessee's Facilities, whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. LESSEE EXPRESSLY AGREES TO COMPLY WITH ALL APPLICABLE CALIFORNIA PUBLIC UTILITIES CODE SECTIONS CONCERNING PAYMENT OF ELECTRIC COST INCLUDING BUT NOT LIMITED TO RULE 18. The final judgment of any court of competent jurisdiction, which shall include any right of appeal, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Lessor and Lessee and shall be ground for termination of this Agreement by Lessor. Lessee shall, at Lessee's sole cost and expense, obtain all permits and other governmental approvals required in connection with Lessee's activities hereunder. Section 10.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 10.06 Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected ,shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. Section 10.07 Waste or Nuisance Lessee shall not commit or permit the commission by its agents or contractors of any waste on the Property. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Property; and Lessee shall not use or permit the use of the Property for any unlawful purpose. Page 16 of 19 08-1835.001 54575 DO NOT RECORD Section 10.08 Repairs Lessee shall not be required to make any repairs to the Property, except for damages to the Property to the extent caused by Lessee, its employees, agents, contractors, and subcontractors. Section 10.09 Time of Essence Time is expressly declared to be the essence of this Agreement. Section 10.10 Governing Law This Agreement shall be governed under the laws of the State of California, and any and all actions initiated under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction in the County of Orange, State of California, and no other court. Section 10.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 10.12 Public Necessity Following the expiration of the Initial Term, Lessor may, upon six (6) months prior written notice to Lessee, suspend or revoke this Agreement without liability to Lessee when either: (i) public necessity so requires, or (ii) Lessor desires to redevelop the Property in such a manner as is inconsistent with Lessee's continued use of the Premises as set forth herein; or (iii) in the event of public emergency threatening the health or safety of persons or property, suspend operation immediately hereunder without any liability to Lessee. An event of public emergency shall be determined by the reasonable discretion of the City Administrator. Such suspension will immediately terminate when the public necessity or emergency no longer exists. Notwithstanding the foregoing, during any such suspension, Lessor shall give Lessee notice of the suspension as soon as is reasonably practicable given the state of the emergency and the Lessee Fee shall abate during the term of suspension. Furthermore, Lessor 's right to terminate pursuant to (i) or (ii) above shall be conditioned on Lessor and Lessee first adhering to the following relocation procedure during the six (6) month notice period. (a) Upon Lessee's receipt of notice of termination as set forth above, Lessee shall have the right to propose alternative locations on the Property, or upon property owned -by Lessor adjacent thereto, as potential candidates for the relocation of Lessee's Premises and facilities for Lessor 's consideration (herein referred to as the proposed "Revised Premises"). Lessor and Lessee shall thereafter promptly meet in good faith to discuss the feasibility of the proposed Revised Premises for Lessee's continued use as a wireless communications facility. In the event Lessee and Lessor agree on a Revised Premises, Lessee shall have the right, at its sole cost and expense (and subject to Lessee obtaining all necessary permits and approvals), to relocate the Premises and its facilities located thereon to the Revised Premises as mutually agreed upon. Such relocation shall be accomplished in a manner that does not interfere with either Lessor's public use of the Property or its redevelopment thereof as the case may be. Subject to the foregoing, Lessee shall have the right to utilize a COW on the Property in a location as mutually agreed upon at Lessee's sole cost and expense in order to minimize any disturbance to its service provided from the Property during such relocation. Upon completion of the relocation to the Page 17 of 19 08-1835.001 54575 DO NOT RECORD Revised Premises, Lessee and Lessor shall amend this Agreement to reflect the new Revised Premises and all references herein to the Premises shall thereafter refer to and mean the Revised Premises. (b) Notwithstanding the foregoing, in the event Lessee and Lessor can not agree upon a Revised Premises prior to the expiration of the six (6) month period, this Agreement shall terminate at the expiration of such time period without further obligation thereafter on the part of either party unless otherwise set forth herein. Section 10.13 Conflict of Interest Lessee warrants and covenants that, to the best of its knowledge, no official or employee of Lessor nor any business entity in which an official or employee of Lessor is interested (1) has been employed or retained to solicit or aid in the procuring of this Agreement; or (2) will be employed in the performance of this Agreement without the immediate divulgence of such fact to Lessor. In the event Lessor determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of the Lessor, Lessee, upon request of Lessor, shall terminate such employment immediately. For material breaches or violations of this Section, Lessor shall have the right both to annul this Agreement without liability, and, in its sole discretion, recover the full amount of any such compensation paid to such official, employee or business entity. Section 10.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 10.15 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 10.16 Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. Section 10.17 Sole and Only Agreement This Agreement constitutes the entire agreement and understanding between Lessor and Lessee respecting the Property, the licensing of the Property to Lessee, or the Lease Term herein specified, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting the Property or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by.Lessor and Lessee, or their successors in interest. Page 18 of 19 08-1835.001 54575 DO NOT RECORD Section 10.18 Additional Wireless Carriers Lessee acknowledges that it is the intent of the Lessor to locate the facilities of several wireless carriers at this location. Lessee shall make all reasonable efforts to locate and relocate its equipment and facilities in such a manner so as to accommodate any and all additional carriers licensed by the Lessor to use the Property. Lessee will work in a timely and cooperative fashion to assist the Lessor and any and all additional wireless carriers that are licensed by the Lessor, to locate and operate a wireless facility on the Lessor's Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. T- OBIL XC* G PORATION, a CITY OF HUNTINGTON BEACH, a su sidiary f USA, INC., a municipal corporation of the State of D laware c California By: ° llacher eiiilp�nne President ayor ITS: (circle one)Chairman/Presiden c�Preside_Frn-f--,', AND ity Clerk By: i _h, l opher Eld id9e INITIATED AND PROVED: D net "lonal Dev. ITS: (circle one Secrets Chief Financial Officer/Asst. ecretary-Treasurer�(�a - ti APPROVED AS TO FORM: REVIEWED P OVED: J IL/++Zz1z�io City Attorney M,v — City d i istrator f I ! CJ Exhibits: A: Legal Description B: Site Sketch Approved as to form Tania B.Dao corporate counsel Page 19 of 19 08-1835.001/54447 SITE LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND T-MOBILE USA, INC., A DELAWARE CORPORATION AT CIVIC CENTER ROOFTOP Table of Contents Page No. ARTICLE 1 —TERM OF LEASE............................................................... ..................................1 Section1.01 Property and Use................................. ................_................................................1 Section 1.02 Condition Precedent.................................................................................................2 Section1.03 Term. .......................................................................................................................2 Section1.04 Lease Fee..............................................................................'..................................3 Section 1.05 Additional Consideration ..........................................................................................3 Section 1.06 Non-Possessory Interest.................................... .................... ..............................3 Section1.07 Non-Recording.................. ....................................................................................3 ARTICLE 2-TAXES AND UTILITIES...........................................................................................4 Section2.01 Taxes.......................................................................................................................4 Section2.02 Utilities .....................................................................................................................4 ARTICLE 3-- IMPROVEMENTS AND ACCESS...........................................................................4 Section 3.01 Lessee's Facilities....................................................................................................4 Section3.02 Liens........................................................................................................................6 ARTICLE 4 - INTERFERENCE.....................................................................................................7 Section4.01 Interference..............................................................................................................7 ARTICLE 5—INDEMNITY AND INSURANCE .............................................................................8 Section 5.01 Indemnification, Defense, Hold Harmless.................................................................8 Section 5.02 Worker's Compensation and Employers' Liability Insurance.....................................9 Section 5.03 General Liability Insurance.......................................................................................9 Section 5.04 Property Insurance...................................................................................................10 Section 5.05 Certificates of Insurance; Additional Insured Endorsements.....................................10 Section 5.06 Insurance Records...................................................................................................11 Section 5.07 Insurance Hazards........................................................ :................................... 11 ARTICLE 6-TERMINATION AND DEFAULT ...................................................................:..........11 Section 6.01 Termination in the Event of Casualty or Condemnation............................................11 Section6.02 Termination..............................................................................................................12 Section 6.03 Relocation and Assistance.......................................................................................12 ARTICLE 7 -ASSIGNMENT ABANDONMENT DEFAULT INSOLVENCY............................ ...13 Section 7.01 Permitted Assignment. .......................................:......................................................13 Section 7.02 Abandonment by Lessee..........,...............................................................................13 Section7.03 Default by Lessee. ...................................................................................................13 Section 7.04 Insolvency of Lessee................................................................................................14 Section 7.05 Cumulative Remedies..............................................................................................14 Section 7.06 Waiver of Breach......................................................................................................14 i Table of Contents (Continued) Page No. ARTICLE 8- QUIET ENJOYMENT ..............................................................................................14 Section 8:01 Quiet Enjoyment.......................................................................................................14 ARTICLE 9- HAZARDOUS MATERIALS.....................................................................................14 Section 9.01 Hazardous Materials ................................................................................................14 ARTICLE 10 - MISCELLANEOUS ..........................................................................I.....................15 Section 10.01 Force Majeure- Unavoidable Delays.....................................................................15 Section10.02 Notice.....................................................................................................................15 Section 10.03 Contract Administrator....................................:.......................................................16 Section 10.04 Compliance with Laws............................................................................................16 Section 10.05 Binding on Heirs and Successors...........................................................................16 Section 10.06 Interpretation of this Agreement.............................................................................16 Section 10.07 Waste or Nuisance.................................................................................................16 Section10.08 Repairs...................................................................................................................17 Section 10.09 Time of Essence. ...................................................................................................17 Section 10.10 Governing Law.......................................................................................................17 Section10.11 Survival. .................................................................................................................17 Section 10.12 Public Necessity.....................................................................................................17 Section 10.13 Conflict of Interest..................................................................................................18 Section 10.14 Attorney's Fees......................................................................................................18 Section10.15 Captions.................................................................................................................18 Section 10.16 Duplicate Original ..................................................................................................23 Section 10.17 Sole and Only Agreement......................................................................................18 Section 10.18 Additional Wireless Carriers...................................................................................19 SignaturePage.............................................................................................................................19 Exhibits Exhibit"A" Legal Description ........................................................................................................ Exhibit"B" Site Sketch ................................................................................................................. ii DO NOT RECORD SITE LEASE AGREEMENT Exhibit"A" LEGAL DESCRIPTION OF LICENSOR'S PROPERTY The Licensor's property of which Premises are a part is legally described as follows: Street address 2000 Main Street City, State,Zip Huntington Beach, CA. 92647 APN: 023-031-14 All that real property located in the State of California, County of Orange, described as follows: BLOCKS 1903, 2001 AND 2002 OF TRACT NO. 12,AS SHOWN ON A MAP RECORDED IN BOOK 9,PAGE 13 OF MICELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH PARK STREET,UNION AVENUE, AND THE ALLEYS IN SAID BLOCKS,AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN "RESOLUTION NO. 3415"OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 6, 1972 IN BOOK 9956,PAGE 849 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. Lessor 's Initials Licensee's Initials 54575 SITE LEASE AGREEMENT Exhibit "B" Site Sketch The location of the Premises within the Lessor's property together with access, ingress, egress, easements and utilities are more particularly described or depicted as follows: a. Plans dated 12/29/03 including the following: Sheets T-1, S-1, S-2, A-1 — A-5. Notes 1. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee. 2. Setback of the Premises from the Lessor'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 antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown in site sketch. Lessor 's Initials Licensee's Initials (, , ABBREVIATIONS SYMBOLS Pao/niesAR.INFORMATION - sirn°u Xuxa[R ,3•"�iXal v"]�'.N;w.. 1 " ISARR�Rre. ]anox ntmnr ... DATEr W�I�,x/zo/o3 IW IQIi/SYAR[ NIN MNNW $NER MnBU ' 0.Y YyTERNAIE NR �wOR EEIDINEEN: OF APPRw wpaOgLNEC 4RW 9CElWKODc O[me.Mwcw ® ® . APP APRs wNAiC NN UAltru(a) DRAWN BY, LM AV* AIRDLATID �E,R INm. 2 RE. SO LM NON NtlwNN• _ DEIm RE![RENCE RE. gSg��OA( NTc NWO1E�ip°t cwf. 'SN[n[R1NBp CNECN BY: 9D ECWRDIK�sER M Ot11ADE GNIEiEt1 . OR MR- — PEERNRER flEVISfONS OR, CRN—ftNCE P1 PONI A[VARON N4Rw [Y mK OGXCAV,gX T-. COL COLVNN Nf RC[ER°IC( ER«qa REVAIIw RfEERuOE Ri It/SD/lU CO A.1wITTAI m M OOIICNINIOWII'10 q1 RR RflIRN ax(R XVVBER . EFS D« w StIIEIA � E �RRDx mMOw WIRELESS G, EI�IONL. (Cr ECNON ! OLb ONM SE i —1 ] 1 ANReOR M/ANOV PVERLNc[ RNs wwnm AI, sxED E DEN .DM1,911M,� SPA SRE mw A E CX[R IXRIPEA . OGN MMxc SPL SPECl4—� - L.-0 W� twpwN, 9SYN u M m- 0 JIRS C M MUNEE 7. IxOA' ARY ND MY,GM' NIR, TENCN(NEac) .INWN NwSWE, lDl 1GEGNCE Iw: Ix�o aHE �°Nf"L � YT��* � SCOPE..OF WORK >o O1 DOEnD�N w R,D X�.RD�Da[o,[DKE�A C M—9 0 2—01 S M 0 0 2 0,18 Z L 1 A Rw«A y M A YA.nsCT>,E Xm(P,A RDuwco p °A'�"Pu°°�°"""° D"°" HUNTINGTON BEACH CIVIC CENTER ' NEH(I�>J LIU§I.bIMRp o1Mq[0�rq ruuPR.EAR U. ' N PN[O0 N3E RGNowmYRIE;D.R. 2000 MAIN STREETx HUNTINGTON BEACH', CA 92648 M I UTILITY PURVEYORS APPROVALS PROJECT DATA SHEET INDEX a txc raLnw+no Pwnt3 N[REar AronevE nm At sr EwsE JOB AnORESS• Y�PPLICANT Km x/A OOWMOIiI ANO WElgalEi 111E CDNIMEroR*O PROErfn 2 iN,N T11[OON8iRVCIgN D(cCRIOED HERON.,LLI E0161RIM:ROx EXN�IfNOGipX eGdRL G/tale 3E5 u[GM19tAI ORM14,cl[100 T-1 TIRE SMELT 7 - ' SfYNa: N/A D LVGNc ARE AR 1 10 REV,`IN N.LOCV.OVIDRAI R]11] ® ••yy•y DEANG a A110 Aw CNNNEe"NOwIGYXXI3 1NR NAY •y1DNR(O}17a;L - N ��N ELECT— SOVINERR—DR-EDNDx YPoCc. � OWNER; JURISDICl70N: � Y 5 iM DE INg11N1d!PAO. CRY«xuXKAftOx RngN A-1 SITE PUN AND GENERAL NOTES � IOANNOId1�Oc1�R1 a e A-2' ROOF PLANRRMI IUY[ RON i- DATE I—oI T MMACY 4XE -APN>q' A-3 EXTERIOR ELEVATIONS aas-se UMo a[Nw D - 'A-4 EXTEFIIOR ELEVATIONS R ' "! CONSTRUCTION TYPE: IMPROVEMENT AREA: A-S ROOF PLAN AND DETNLS TELL i CRC EAYYL 11. CR—DER I ]IE c0 R. grygq . AwOER ZONING: GOVERNING CODE: BTRLtB7fl.N' "py" IV) V. ,cNACD111RRON or O COO aaal tooC 'S-1 CONSTRUCTION'NOTES AND'PARTIAL ROOF FRAMING PLAN - .li In 1 S-2 CONSTRUCTION OETANS S-3 CONSTRUCTION DETAILS V7 / Arc OCCUPANCY GROUP: AOA COMPLIANCE: Nib g [� /// Y-a mfw r]cnm EASIER w VIpYR�1E0 F°Aw PLAMNRE B[YANM Difltt RIIIDVA VRUIY AIDIERIdl t1 NIIAEIS IAFMNMUVGMN � .T W YO AV. N� C: A EN« an CONTACTS LEGAL DE R: Q U FDMDroKOX RP !•w0 M-90 01 SM002018 '� SITE I E' / CLIENT'S REPRESENTATIVE: STRUCTURAL'ENGWEERINC; PENDING TITLE aEvorz,TL�lrt�......a1.. SITE ME, NA f1OIgKf sEmlOrs YOII ORAYtwpr N D ION ROOF MOVNT ANTEN Yi C' A rR �i 16 u c]M x1.-R�AXCIARNI=Y.ARK 114 �iq;� 6 AND ATS INSTAL �. n Z RORCr RAwRR WIf EagcY,G efo , 'ct STE LOGTIONI L; ' `. ADAN V. Xm4 NALEW M[11 SEN Len�•� p,,�,, (>Ip mx-ems IRro) >T-u1a rA] ' ua"^—•— NIXIDNOTON GRAC CTjT"H1llL .3 N MRW.N OIOFA«E �418 TITLE vi Re• N 1L.. TITLE.SKE" _) VICINITY MAP SHEET NR[R,40 . n.r.s. DEC I;1 2W1 R B.R T-1�N GENERAL NOTES; STRUCTURAL STEEL? - pNgQi ry-�RY�NwGunnoN n 1. DESIGN CgRER1& I. All MATERIAlS'AND WORKMANBHIP SHALL BE M ACCORDANCE :"iuA eFagwl:i xaes.eu� e OESICN CODE:7001 CAUFRONA BUILDING CODE(CSC) WITH REVISED LATEST REVISED EDITION OF THE NSC MANUAL OF SEISMIC ZONE 7 4 SOIL PROFILE.TYPE SD 'STEEL CONSTRUCTIONSTRUCTURAL STEEL ,WHICH.INCLUDES THE SPECRICATKXN FOR nR: .IniH p.'Tawse. NEAR SOURCE FACTOR N0- 1.3 WINO SPEED-70 M.P•H PRACTICECE AND THE AWSUILOINGS.T E CODJJIBNC INCODE:RWNTiFY DATE[ r NeY 12/20/03 NEM SOURCE C TOR NY-1.6 WMO EXPOSURE-C AND MARK STEEL PER CBC SIR2¢03. ENOINEEpI DF .IMPORTANCE FACTOR-1.6 2, STRUCTURAL STEEL SHOP DRAWINGS SHALL BE RENEWED By 2..ALL MATERIALS AND WORK PERFORMED SHALL CONFORM WITH THE STRUCTURAL ENGINEER PRIOR TO FABRICATION. DRAWN By. LM THE REOUIREMENTS'.GF ME'2001 CBC AND GOVERNING - BUILDING ORDINANCES. 3. MATERIAL SPECIFICATIONS: CHECK BY, SB; 3. NOTES AND DETAL9 ON DRAWINGS SHALL TAKE PRECEDENCE - W-SHAPES: ASTM A992 GRADE 30 REVISIONS OVER THESE GENERAL NOTES. C-,M-,AND ANGLE SHAPES: AST M 36 (E)CONC JO9T AT BARS&.PLATES:. ASTM 36 H-0"0.0.BELOW (E)CONC.COLUMN TX PAT[ BLSCIBFIRN W N. WHERE A'SECTION OR TYPICAL DETAIL 15 SHOWN FOR ONE TUBE STEEL&PIPE COLUMNS: ASTU As00.,GRADE B I I _ _ I �_ I 1 BELOW(m) M, CONDITION,IT SHALL APPLY FOR ALL LIKE OR,SIMILVt A, GROUTING OF COLUMN BASE PuiES:flASE PLATES SNAIL BEr"-"`"" ----'--- J "-""'---""" -'-`-I "- ---'" CONDITIONS UNLESS OTHERWISE NOTED. - ORYPACKID OR GROUTED Y/TIH NON-S1IRINK NON-FERROWS I I S. NO CNANDES ARE TO BE MADE TO THESE PLANS WITHOUT THE GPDVI,MINIMUM COMPRESSIVE STRENo.SNALL BE 4,000 P31 KNOWLEDGE MO WRRiQF CONSENT OF THIS ENCULEER, UNATHOR12E0 CH4IOES RENDER THESE DRAWINGS VOID, AT EO DAYS,Aµ SURFACES SHALL.BE PROPERLY CIFANED DA F FOPEION MATERIAL PRIOR TO THE OROVTINO. ---- .---- "r - -•---- e, ANY REFERENCE TO THE WORDS APPROVED.OR.APPROVAL W S. ALL WELDING SHIN'.BE ACCONPLIS/IED USING THE SHIELDED THESE OOCUMENiS SHAM BE HERE DEFINED TO MEAN METAL ARC WEIDINQ,PROCESS WITH E70%X ELECTRODES OR __-___ GENERAL ACCEPTANCE CR REVIEW AND SNALL NOT'REUEVE -SUBMERGED THE CONTRACTOR AN OR W9 SLAB-CONTMCTCIS.OF ANY ELECTRODES.LOW HYDROGEN ELECTRODES SHALL BE USED L.. V) LIABIUTY IN FLRNiSHI G THE REQUIRED MATERIALS OR LABOR AND KEPT DRY.AND PARENT METALS SMALL BE PREHEATED IN -'------`-"'- ---^--^•^---------I ------ -----J L---- (�'�(n 7. #111100RRACT DRAWINGS AND SPECIFICATIONS REPRESENT THE ACCORDANCE WITH AWS STANOMDS. --------._, L__-_.•-_._--___._- w J FINISHED STRUCTURE AND DO NOT INDICATE THE METHOD OF 6. ALL WELDING SHALL BE UNDER CONTINUOUS SPECIAL "�--'-"-' CONSTRUCTION•THE CONTRACTOR SHALL SUPERVISE AND I I '(ErCUHC.'GIROEP �"�' W DIRECT TINE WORN AND SHALL BE SOI.EV(flESfHJN51BLE FOR INSPECTION fN A REGISTERED SPECIAL INSPECTOR,EXCEPT - __--- 7 1 ` N N CONSTRUCTION MEANS,METHODS,TECHNIQUES,SNSIBLE FO WELDING DONE IN A BUILDING OEPMTMENT MPROVEO __- _ -I 4_____________.__= RELA}Y_G:!P) _ - CON TRUCION FI INCLWMO BUT,NOT UNITED E BRACING& FABRICATOR'S SHOP IN ACCORDANCE NYTH CBC 1701.7. ---_'� �_ -(-4'TRICK------I I.- - R=- N AND PO.OBSERVA110N NSRS TO THE 611E BY FIELD WELDING WSPF_CTION MAY BE PERIODIC WHERE ALLOWED BY UOSIAB__ _ _ _ CB01701.5.6.1:WELDING SHALL.GE PERFORMED BY AWS OR _ _. ==-J ___-_____-.__._____J �______.._. REPRESENTATIVES OF TIIE MCHITECT OR ENGINEER SMALL NOT BUILONG OEPARTMEM CERTIFIED WELDERS,WELDERS SHAL I I _ INCLUDE INSPECTORS OF THE PROTECTIVE MEASURES OR'THE _- _ J L=-=_-____ g . PPRROOCC HAVE LIGHT CAUCE STEEL CERTIFICATION WTIEN.wEIDWO uCMT \.k^--=:_-=_._..I I --I II_-.===_�,___ - z 1 CONsiRUGnON EDUFES. GAUGE STEEL' \ r _ _- -- -- & GENERAL CONTRACTOR SHALL VISIT THE JOB SITE AM VERIFY n1r,. ALL GRADES,DIMENSIONS,pN0 CONDTTIONS PiiK1R TO iR0oIN0 7. ALL EXPOSED.WELDS SHAI.BE FlLLEO AND GROUND SM00TN -'=Y.=='==.==I I-- - -' ----ANDCOM'AENCINO CONSTRUCTION•ALL OIHENSN)NS WHERE METAL.CTNRD COME IN CONTALT WI1N THE PUBUC. \' __CONTROLLEDBY ECONSTXISTING UCTIONOAL$HAIL BE VERIFIED BY 0. All SHOP AND FlEIA BOLTED CONNECTIONS SHALL BE IN -'.�=:.J L'_______ ______-'=1 _ ___ ____ •U THE CONTRACTOR AT.THE:SITE. I ACCORDANCE WITH ASTM'A-307 USING UNFINISHED AMERICAN \ J L _STfN)MO REG"BOLTS UNLESS OTHERWISE NOTED. - -- IL 9..R SHALL BE THE NG UTILITIES ET THE CONTRACTOR TO _�_. ______________k-� _ • M�_ LOCATE AEI.EXISTING UTILITIES WHETHER SHOWN WREON OR B. NO NOES OMEN iHAN:1HO5E SPf:CIFICALIY,DETALOL SHALL b I �- NOT AND TO PROTECT THEMI FROM'DAMAGE,THE TgMRACTOR BE ALLOYFED THBU SIM)SO SPEC 9T MI MEMBERS.BOLT IId.E9 b _==x= $MA�-1.$FPR N.L EXPENSE OF REPNR OR REPLACEMENT IN $NAIL CONFORM'TO ASC SPECIE MIN,AND NO C TI ----- ---- -- CCNJUNCTION WRN THE EXECUTKNJ TM5 WORK- ST HOLES UNLESS OMERWI56 NOTED.NO CUTTING OR 1 ' W. GENERAL CONTRACTOR SHALL,NOTIFY THE ENC4NEER AND 8URNING:OF STRUCTURAL STEEL WILL BE PERMITTED WITHOUT ARCHITECT IMMEOIATELY OF ANY DISCREPANCIES FOUND WITHIN PRIOR CONSENT OF TMS ENGINEER.. SJ. L � THE CONTRACT DOCUMENTS,PRAM TO STARTING WORN. <E7 EXTERIOR d CGNC.WALLP��N SPECIAL INSPECTION REQUIREMENTS: i1. THIS SECTION APPLIES-TO THE$TRUCTURAI PORTIGNS'OF THEFIBER REINFORCED'POLYMER.(FRP): PRaECT REQUIRING SPECIAL INSPECTuw.REFER TD cec ,; r�,411lip1, FIBER REINFORCED,POLYMER(FRP)STRUCTURAL'SIPPES SMALL1701'.J AND 1T015 i0P SPECIAL MSPECTOS'S DlRIFS., .:aAc.[ x>w�rv.e�A NBE PRDNDED'BY STRONOWELL OR EQUALING SWLLL COMPLY 2. ALL TESTS AND INSPECTION$SNALL BE PERFORMED BY AN AWRN THE FOLLOWING PROPERTIES: INOEPENDENT TESTING AND INSPECTION AGENCY EMPLOYED fNXIT-LaS$�.°�'•i�y ,,(tp FLEXURAL 5TRENCIH..TDD00 PSI - THE OWNER OR ARCHITECT AND NOT 1HE CONTRACTOR.PER co FLEXURAL MODULUS 1.60 x 1DA PSI CBC SECTION 106.16. E • , 5 , TENSRE.STRENGTH-30,000 PSI 3. THE CONTRACTOR SMALL.BE RESPONSIBLE FOR PROJIONG A ux..-.-.-_ .//r� M gill COMPRESSNE STRENGTH- 24,00D PSI SCHEOU)E TO THE TEST AND INSPECTION FIRM TO FACILITATEx'y5- -- �/i Z d MOOLR.US OF ELSTICITY-2.60 A 106 THE PROPER COORdNATON OF WORK. --_- DENSITY T'.07A LBS/INB A. VORDONS OF WORK REWIRING SPECIAL INSPECTOR: CONCRETE 2. ALL MATERIAL SHALL BE CUSS I FIRE RATED WITH FLAME PARTIAL ROOF FRAMING PLAN SPREAD Of 25 MAXIMUM TESTED IN ACCORDANCE WITH A CONTINUOUS LONG 1E ANO TEST CYLINDERS FOR ASM/ESA.-illE USE OF ANTIMONY 0%TOE R NOT PERMITTED. STRUCTURAL CONCRETE EXCEPT FWNORTION CONCRETE OF 2500 PST OR I.E99. yy 3. FIBER M04FORCEO POLYMER(FRP)BOLTS,1HREADED RODS, NOTES t 07 G AND RELATED NUTS AND WASHERS SMALL BE PRONGED BY REINFORCING STEED V-3 1/R' I.CABINET MFR:ERICCSON RADIO SYSIEMB � pp STRONGWELL OR EQUAL,UNLESS OTHERWISE NOTEO._ A PLACING OF REINFORCING. OPERATING WEOIT:1720/MM, �py i a WELDING: It 4. EPDXY ALE CONNECTIONS WITH'MAONOBONO BB NB BY X ALL STRUCTURAL WELDING EXCEPT WELDING'IN APPROVEO 2.METRIC SYSSTTEMRB ARE APPROXIMATE CONVERTED FROM IAAGNOLA PVSTICS,INC SHOPS PER CBC 1701,7. &.REINFORCING STEEL WELDING PER CBC 001.5.3 S-B 1/Y BOLTINOI 0.ADHESIVE ANCHORS IN CONCRETE OR MASONRY; I F ER, CM-902-01 SMD02018 TYPE M S ROO C MOUNT,AEN We Bl$INST T HOLES% SITE LDDATION, 1. CABIN EM FOOTPRINT DIMENSIONS ARE CONVERTED NUHIM MN BacotL ' FROM"METRIC SYSTEM&ME APPROXIMATE 1000 DAMN!R NVNITNBTPTI R A OERAE 2. SUB-BASE MIEGHT-6 ME . 3.-ANCHOR GARNET To SUB-BASE IN(8)PLACES COS W/3/C CA M.& 4'^3 1 4' E_-F"_� OHSTPUCTION a. $08 BASE MFR'VALMONT MICROR:ECT ,DEC a BRIG PARTIAL ROOF PLAN, (BBB)BBO-91Bi I>ffiYPW 90E_tlN SH Ei NIMKB�RI CONSTRUCTION NOTES ' BTS SUB-BASE 6 BTS CABINET .3 Y NOTES: P$OP9IF.IARY INFORMATION �.lUBmINgN O]A R!IX[f lOnOM ANOnn NM O1MP uxG4, uM�Vh�Ax Oa�mn�v.a r.DTuaaB n aNiw meBxo-m oR m onaR wwmorumn nxm Ntano xm,an wanes wmonL m rxo aarrtG PNoa TO w,,""1'�',,;M•.""'' , or)rNunox rn[wnncrofl uuu ew M[ama con w nPT.awn .... . :�i�... I;:1�e"';,.RCb'u r uou-rPmP,m rwcnou. - ].M[cwNwGroR SaLLt kplvATnr Inch[]u rasn.a RwoRaOp m x-MY DATEI 12/20/03 m�.Yruwn HNxom.w Rmw on moon!aM[A B!an..u.nm[x!u ELR'!D[]0 flCwM 01 BVf RB1w M TMOONS lmAt n IN]MhY Af nl[ M>x[coNnuno0. MINOR; OF i EE(dAt w!P[Clbx N RECORD)rOfl o9a1tAMV 0[MKIgRS. I IT^�r BRAN L Bli lM CONCRETE A367'THREADED ROD IN ——————————————————--————————- I CHEBK-aN .SB WALL OR SUB HOLE FILLED W/SIMPSON SET ADHESIVE. ———————————————————————'——— ' flCYIB101,15 yg ( � I PN OAiC DCSbPIMx `(E)CONO.ORDER SLAB(��)s"TNICK I I 1 I]/)e/Ol aO lEeurtK 'S9 BELOW MP) ctx[C. ANCHOR scmum TOIr) I BTS CABINET 8047 HOLE EMBED 'T" _ TYF ____ MP 4 PIGS) n 01A DINUO.N. )AM.naCKNESS — ——— —' —} m CZ�� 5 B" 34 712Ln ter./J C (!7 arawwr«,lxawx la Mm]ra[n w Acmnr ci ane ( 3 na0 RLPoflT q-eI]!NIO tlIY Or[.A RA ]e210. �[Y N N (2)wromB aae(oabm axgM ON MiA0.aartbu av[n rxe tEet ��' '�A,_ ;� SIMPSON SET ADHESIVE ANCHOR O ~ — —.——— s2 I C-------6 — — -- TrP 7 I s2 --- I o (E)CON".joIST AT :c, ———BELOW(�) — . S —————————— ———— wwuN(rrP) — ---------' ------------ �---— p z _c ((EE11 C.WALL 1 tl y C.WAIL 0 Sn ]� JFEE co Illy, 1 1 PLATFORM PLAN NO SEE DE1NL 3/S2 F'OR BEAM TO BEAM CONNECTION *S'E-E%M 6'STIFF.E. WITH Illggq... pN�Pd ;E 4:DIAUL BDlT9 vER 2.ALL EXPOSED STEEL SHALL BE GALVANIZED 6T5 CABINET—� PLAN HEDULE SEE 3/SI . W-BEAA SEE PUN PLATFORM TO BE. - 3 SIDES INSTALLED LEVEL M YP.TYP. 7/18 _.vERCABINETW-BEAMCM-902-DI SMQ02018 CROUP PAD EVIING O (E)ROOF SUB 3/B' BEE PINYCHOPAT SITE"I'DW-OM * W-BM ROOF 110UNT ANr[NN SEE PUN w 4 SEE PUN AND BTS INST SITE WAIM, Go No SCHEDULE HVNfINmOR BGCH BFAM BOIT,OTV.LI) Iwo UO nXH"BGC LB (2)6�8'DLL THREADED ROD AT WE IDEC 917003 (E)ROOF 4'-D IN 3/4.DM p 3" TOLE . SSUB DEEP HOLE E PER ICSO SIMPSON SET ADHESIVE PER ICBO ER-B2]B NOTES: CONBTRUCTION ' I.SEE'DETAL S 92 FOR BEAM TO BEAM CONNECTION (1)BOLTS SHALL BE ATSM AJ2S-N: ' SEE 10/52 / 'BOLTS SHALL BE SA1W TW11i 2.ALL EXPOSED STEEL SHALL BE GALVANIZED TORQUING NOT REO'0.. My NUB [�99 SPEWL NlSPEQ110 MOT REdD. Q Q)LI>41m 1.2 PLATFORM COLUMN 19 1 CABINET TO BEAM B BEAM:TO BEAM 3 �+ `� ' - PRGPRIfTARY'NEOBNATION I.DRA"OS ARE NOT TO BE SCALED,WRITTEN DIMENSIONS TAKE - :'4ti aa, 4w�°'•�i mNe PRECEDENCE AND IRS SET OF PLANS IS INTENDED TO BE USED FOR DIAGRAMMATIC PURPOSES ONLY,UNLESS NOTED OIHERVASE.THE CENERkL "�"•'p nneY P"(�1ie' CONTRACTOR'S SCOPE Of WORK SINLL INCLUDE FURNISHING ALL • GATE;. IN13/Z9/O! NATERLMS,EQUIPMENT;LABOR,AND ANYTHING ELSE DEEMED NECESSARY 10 COMPLETE INSTALLATIONS AS DESCRIBED HEREIN. ENGINEER: OF - 2.DETAILS INCLUDED HEREIN ARE INTENDED TO SHOW END RESULT OF IRAWN'BY: UM DESIGN.MINOR MODinGAPoN5 MAY BE REWIRED TO SUIT JOB CONancNS OR SITUATIONS,AND SUCH MODIFICATIONS SHALE BE CHECK BY: GB INCLUDED AS PART OF THE SCOPE OF WORN. REVISIONS 3.PRIOR TO THE SUBMISSION OF BIDS THE CONTRACTORS INVOLVED SHALL BN CAI, IMILIerbN VISIT THE JOB SITE AND fAMUMIZEI THEMSELVES WRH ALL CONDRIONS AFFECTING THE PROPOSED PROJECT,WITH THE CONSTRUCTON AND ' ILwAw M°1K°'I - _.YORKT0IYN/VENUE N CONTRACT DOCUMENTS,FIELD CONDITIONS AND CONFIRM THAT THE --- -{I — — .PROJECT MAY BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING INSH I CONSTRUCTION,ANY ERRORS,OMISSIONS,OR DISCREPANCIES ARE TO BE EXISTING PARKI - -- ---••----••------ EXISTING PARMNO SROLONT TO INN ATTENTION OF THE ARCHITECT/ENGINEER, STALLS r- -�' STALLS - I L�G�1 G1 -\ 4. THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORM IN THE ,CONTRACTORS AND COG Tile DOCUMENTS THE COMPLETE SCOPE-OF \ WORK.COTTRAC10R9 BIDDING TIE JOB ARE NEVERTHELESS TE SCOPE \ - THAT MINOR OMISSIONS OR ERRORS IN THE GROWING$AND OR /'� \` L V) o SPECIFICATIONS'SHALL NOT EXCUSE,SAID CONTRACTOR FROM COMPLETING IW� y{N1 THE PROTECT AND IMPROVEMENTS BIDDER IN L BEARr HE WITH THE INTENT G THESE DOCUMENTS.THE BIDDER SHAH BEAR THE RESPONSIBILITY OF \ NOTIFY (IN WRITING)THE ARCHWECT/ENGINEER OF ANY CONFLICTS, ERRORS,OR OMISSION$PRIOR TO THE SUBMISSION OF CORRACTOR'S PROPOSAL IN THE EVENT DF CISCREPANGES THE CONTRACTOR SHALL EXISTING PARKINAAA - PRIERTHE.MORE COSTLY OR EXTENSIVE WORK UNLESS DIRECTED m STALLS LS 5.THE GENERAL CONTRACTOR IW011 RECEIVE WRITTEN AUMORIYATION TO PROCEED WNF7 CON$IRUCRdi PRIOR TO STARTING WORK ON ANY REM NOT MEANS. DEFINED BY THE CONSTRUCTION DRAWINGS/CONTRACT A2 _ DOCUMENTS. I ^— — 7Q 6, THE CONTRACTOfl SHALL SUPERVISE AND DIRECT WE PROJECT, EXISTING •� Z U DESCRIBED HEREIN.THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE BUILDING I I FOfl ALL CONSTRUCTION MEANS,METH00$ TECHNIQUES.SEQUENCES AND PROCEWRES AND FOR COO ALL ALL PORTIONS OF THE a WORK UNDER THE COMPACT, .EXISTING PARKING/ STALLS s a 7.THE CONTRACTOR SMALL INSTALL ALL EQUIPMENT AND MATERIALS ACC DING 70 MANUFACNRER'S/VENOOR'4 SPEpFN:A7DN5'VNLESS -- — NOTED OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE. / U B.ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SIW,L BE INSTRICT ACCORDANCE WITH ALL APPLICABLE CODES,REGULATIONS,AND - I ORDINANCES.CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH i G ALL LAWS,ORDINANCES,'RULES,REGULATIONS AND LAWFUL ORDERS OF .I •/ I ANY PUBLIC'AUTHORITY,MUNICIPAL AND UTILITY COMPANY SPECRICATXNNS, MI D LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE 'PERFORMANCE OF ME WORN. I _ - p 9. GENERAL CONTRACTOR SHALL PROVIDE AT THE PROJECT SITE A FULL SET OF CONSTRVCTION DOCUYEMS UPDATED WITH THE LATEST REVISIONS AND ADDENDA OR CLARIflGTIONS FOR USE BY ALL PERSONNEL INVOLVED _ /•/ 0 0�'� WITH WE PROJECT. y'CAS` ID.THE STRUCTURAL COMPONENTS OF THIS PROJECT SITE/FAGUTY ARE NOT I 0 ipCp� TO BE ALTERED BY THIS CONSTRUCTION PROJECT UNlFSS NOTED ! / Z Rgl�i OTHERMSE. II.SEAL PENETRATIONS THROUGH FIRE-RATEO AREAS WITH U.L LISTED OR / FIRE MARSHAL APPROVED MATERIALS IF APPLICABLE TO THIS FACILITY AND OR PROJECT SITE. 3 �• W= L" •FF^BB"T $�C- -12.FROM DE A PORfABLE'FARE CKRNCUISHER WITH A RA71N0 OF NOT LESS THAN 2-A OR 2-AI08C WITHIN 7$FEET TRAVEL DISTANCE TO ALL Py padd PORTIONS Of THE PROJECT ARM"ILO CONSTRUCTION. 13'THE CONTRACTOR SMALL:MAKE NECE SSARY PROVISIONS TO PROTECT N C y E%ISIING IMPROVEMENTS,MENENISTR S,PAYING'CURBING.ETC.DURING _ CONSTRUCTION.UPON COMPLETION OF WORK.CONTRACTOR SHALL REPM ANY DAMAGE THAT MAY HAVE OCCURRED.DUE TO CONSTRUCTION ON,OR ABOUT THE PROP.ERtt. CIE 14,CONTRACTOR SHALL SEE TO IF THAT GENERAL-WORK AREA IS KEPT CLEAN AND HAZARD FREE DURING CONSTRUCTION,DISPOSE OF ALL DIRT DEBRIS, AHO RUBBISH:ANO RISES EWIPMEM A'OT SPECIFlED AR REW11}NINo ON THE PROPERTY.PREMISES SHALL PE LEFT NN CLEAN CONDITION AND FREE _ N•;. NUN FROM PAINT SPOTS.DUST.OR SMUDGES OF ANY NATURE.:. A 'T'^• EFl^•A SIT NUMBER:. 15,CONTRACTOR MUST PERFORM WORK DURNNG OWNER'S PREFERRED HOURS 'I UTICA AVENUE TO AVOID DISTURBRNC NORMAL BUSINESS. CM-B02-0) SM002018 is.IT SHALL'BE THE RESPONS181LRY OF THE.COF T%OR'TO LOCATE ALL SHE TYh'EI ' EXISTING UTITLDIES WNIEMER SHORN HEREON OR NOT AND TO PROTECT _ ROIF MOUNT A THEM FROM OVAAGE,PIE EX CONTRACTOR.SMU.BEAR ALL' PENSE OF AND IDS WSTA REPAIR OR REPLACEMENT IN CONJUCTION WITH THE EXECUTION OF THIS —f�— — IRA'-_-.--- _ STB LOGTON, WORK. - ee•w - 17.THE CONTRACTOR$HALL VERIFY THE NUMBER AND LOCATION OF ALL w MINiND10N BG ' EQUIPMENT hNCNORS WITH THE EQUIPMENT MANUFACTURERS. I_��= NlnrmNGTON - HIM al MOB' m 15.4'✓' GENERAL NOT - - SITE.PLAN 9H UYR[W GENERAL NOTES SITE PLAN AVI1'-1' B .,RA IN', PROPRIETARY,INFORMATION We�IbeeR�eyw M.I::iMM�M Urn...n.. 12/20/03 e, � DATE• '1Y/YB/03 MINTER, OF DRAWN BY: LM' Y CHECK BY: 38 REVISIONS RLY Mii RtleRPRON. IY 1BB'-0" r/m�tu eo sueumu".ee 4'-0 30,-0" 30'-0" 30'-0" 30'-0" 30--0' 30'-0' 4'-0 - b EnLl o E%ISiWC 3 STORY � OFFlCE BUILDING w N N q -------- -------- —--————— -------- --- ---- r_ .-- n r I II II II I II II I � �LL •I I I I I I (Y)NEW C.W.'ANTENNAS I W�¢¢ I I I EXISTING CONCRETE I I I MOUNTED BEHIND I •U U g00F BEAM BELOW I I I I ( EXISTING FIBERGLSS I I I SCREEN($EC70R*A'0•) L l\ I I I I I I I EXISTING \\ L I I I I ILL I PENTNO s3E I I I .q . \\ II II Aicc II I E%ISIIN6 ifIE ryII'XOUSE II T, ss s°isu (zwANTENNAS MOUNTED �• ;Yr 1`"'.'.I'��:• ING ER SCREEN(SECTOR FIBERGLASS 1021aA)) I j --- _—=— — ------ ----- — -------- ------J EXSnNo 3 EXIT STAR 1 I I HEW CABLE TRAY ATTACHED TO UNDER40E OF E%IS11NC E)aSHNO GONCREIE BEµ1B ABOVE I I I I I I T,STAIR R EX �a�� � I I I C.W.LEASE AREACATWAL '.I..i ACCESS STAIRSK i i S%Le�Ew)CONCRETE `\\ i 7 ' 0 1A0 GW.EQUIPMENT i NUMBER, NEW O C- (P)NEW C.YI.MITENNAS MOVMED BEWNO FTBERGU59 - SDE M. SCREEN FLUSH WRN EXTERIOR WALL(SECTOR'C'YYd) .N o'YE: _ p00F.NWNT ANffN PNNTEO 70 MATCH E%IS7ING.RPLL -�AZTeer( f>•/pwv.0 a�(.2 yA..'G9&Ntt ,Uip B15 IWTµ 1M91m� -r7.w Ve,.ay.E a 1V.•B.al.t_ sRE LOCATION, NUN..BSRD oOY.MEµ - P000 NMN STREET B-- . NUNI1Bi0TON0[A QS.jjjls 2 IOEC 31 m TIRE A4 RODE PUN 9HEEi NUMB R, ROOF PLAN - - pnr<• o ,:• ie' 3 A-2W PHOPBIETBRY INFORMAL ON ' (2)NEW C.W.AIFIENNAS MOUNTED M,n:��w, SCREEN D (SECT C FBERGLASs •: �a°xM as('a:e. SCREEN(SECTOR'B'11Q) (3)NEW C.W.AMENNAS MOUNTED NEW C.W.EOUIPNEN7 IIND FlBERGlASs . SCRCEN(SECTOR ) ON ft00F(BEYOND) GATE: • d 1]/iB/O3 (SECTO 'A'0' ENGINEER: or FT DRAWN B1i UM EL.17D.10 Sl - ' HUNT7NOT'ON BEACH cNECN av: sa .....___..—__.._ .._..._... I CNICCENTER REVBI[SSIGOpVN1S12. L_ COA ......._..._... _............ _ 10 N 6Y _ 1.1S/!0/W E041BW1IY Sa W �N F-T-11 I �3 .r z z o U U �tJ nmSH GRADE EL, I. D or a NORTH ELEVATION G tD m 2 (])NEW C.W.ANTENNAS MOUNTED C.W.ANTENNAS MOUNTED „t BE'IND EIDSTINO FIBERGLASS �NIND EXIBTINC i1BERGVSS SCREEN(SECTOR'8'126) SCREEN(SECTOR'A'0') Y $� z _�Y NEW C.W.EQUIPMENT - ON ROOE(BEYOND) _._..__.:......_..,..— .._._.._._...._.._._._....._.._......_...._ hk ii 6 Vi � . � � I wa•A.'ti�i'rv'y is�allerµ , EUI llp: IO.a Six�Nqmpm CM-802-01 SM002018 . SITE iYPEt ROOF MOUNT ANTENN= AND INSTALUIR ---- a1T[.LOCATION: ' aaoo w+x amE r .xuMnxoTox aza[a TITLEREC 31 2M3 ELEVATIONS V , SN CRADE SHEET NUMBER: EAST ELEVATION' - Gax•.r ot• a• 1V >N• _ PpOPRI[iARY INFORMATION - _ NEW C ANTENNAS MOUNTED BEHIND.W. E%ISRNC fiBERClAS3 SCREEN BEYOND (21 NEW C.W.µTENNAS MOUMFD OEMINO NEW CAW.AMENNA CAKES IT I .. ::n n iN rumor) - ROUltS SCREfN.f1AISH WRN'EXTERIOR WAIL AND CONDUff4.MWMEO.AT (SECTOR C. 240)PAINED TO MATCH EMSTING WALL UNDENSIDE OF EXISTING BEAM EW'C.W.EOU:PNEM ON ROOF(BEYOND) DAZE: 12/20/03 u ENGINEER: DF 11s.TO AMSL DRAWN by, LAI - 1 mm BY: SR 1I 1. U 1 AN DAtt D[scRPiIDN BI _.��� om— . __. _ '.� `V J N La El71 FINISH ORABE EL 1 C SOUTH ELEVATION •i- o r. s• 2 M C NEW C.W.ANTENNAS MOUNTED BEHIND ENISTINO FIDERGIASS SCREEN BEYOND V!(2).NEW C.W,ANTENNAS NGUNTED.BEHIND - 9 BERGIASS SCREEN FLUSH WITH EXTEROR WALL (SECTOR'C'MD')PAINTED TO MATCH E%IST xNG TIALL ,� m , TOP OF PARAPETFqq .................._._....__..__.__.............._..._...____....L.�...._......... NEW C.W.EQUIPMENT ON.ROOF(BEYOND) i � gRa 5t�x e N�=/aU�E�Fr�KR�9(��D•N AVifAaocl �LJ�LLJJ I u A Efl: _ CM-002-01 5M00201e waR16__ 51TE,ivPE: ROOF NOUN#NUNNA ANDe(9 INSTAL O SITE LOCATION, '')) NUMRIOAON BGCILSNt . ".T000 MAIN SIREEi IIUNRINDTDM BEAD �M 'DCC$12PU RTLE ELEVATIONS. L� NISH RAGE H ET KUMBER: WEST ELEVATION- acuE:I/M1I'-E PRDPRIETA0.Y INF 0.0 MGTION 1.CNAEPN .MFR:ERICCSON RADIO SYSTEEIA e�iFa•�isb eir Mnl•e NEW C.W.PRIMARY BTS UNIT AND P'°i• OPERATING WEIGHT:1 D20#MAX. SUB-BASE FRAME :,i.•.U•w•+MNiM+k 1ii�ii°ili:e. 2.CABINET FOOTPRINT DIMENS1009 ARE CONVERTED FROM NEW G.W.ANTENNA CABLES ROUTED DATE: I 12/2S/03 METRIC SYSTEM k ARE APPROXIMATE AT UNDERSIDE OF EXISTING BEAMS ENGINEER, .DF 3.�_1/2 DRAWNBYI LM ONE- 9Y, SB REVISIONS. n UNDERSIDE OF EXISTING d S OEERRrm Jul CD}YWRM1LL21- a NEW C.W.CHECK ME1ER h NEW O.W. M EWIPMENi PUTf c 4'-3,'4" i—•_a�--I1 EXISTING NEW CW TELOO PANEL � AEL A VNEW En J W fHR16J1EB iDE.BOI �3 zm 10 BTS,CABINET 7 CHANNEL MOUNTED ELECTRICAL PANELS' TS1 0 1JJ s ,B CA.DAILY.SHEET METAL COVER W/7/S w 9 SCREWS*24°"OGUC.EACTENH (' SIDE(PAINTED TO MATCH •U EXIST.WALL) Mj ..a ,d• —B-UNE 1AB SERIES CABLE � I . TRAY(SEE PIAN fOR I I I I m LOCAT10 N)MOUNTED TO EXIST: �'E%5RN0 PENRIOUSE� QQ •Q CONCH WALL W/2 CLIPS ON —.—.— — — — — — ——— — — — —..— —— — — EACH BIDE OF TRAY ' O --COAX CAB LES ..— _— — -- C a d < 3//gg OIA PA SIGN —PNCHOR AT 2AB D.C. I IXISTING CONCRETE L .I I BEAMS BELOW(TYP) i11 �41/8.. i$EXISTING A/C UNITII ONROOFEXISTNG TCOI�CONGREiE WALL pCA 6TIICWALLTED,ON UNDERBIDENEWPOFEE%ISDNG BFMI ABOJETTO I I I ASSREOU ELECTRICAL POINT OF CONNECTION - CONDUIT DETAIL 1 1 II I I I i Hex O.W.TELco.CON DuIT R04TTE0 nT ue IM IDE OF'BFAT ABOVE TO EXISTIN pppppp E (2)NEW C.W.LNA UNITS MOUNTED I -I 1 TELCO POINT OF CONNECTION AS REOUIRED. ( •yy qqtl } I.ON INTERIOR OF PARAPET CAL AA S�tla EACH ANTENNA) 8 I I NEW C.W.TELCO CABINET 4'_3,/A• AT CC 1 NEW C.W.SITS UNITS NEW C W PANEL'A' _ . AND SUB BASE FRAME SEE T/A5 (4 TOTAL) I:-. nORonpna E,DI Npr iTUWSPoRldER — NEW C.W. WRAL PLATFORM - E NUMB - ' 7, sFE STRUCIURA +wr''"'r'^'----.__ CM-802r01 �SM002418 SITE TYPEe 0. ROOF NOUNF ANTFN . YDe' AND Big IN9TAL14 SITE LOCATION,' NEW C.W.ANTENNA CABLG4 AM M NpTFc GOOURS'ROUTED AT UN SIDE IIVNIINOTGN BFACN 2W0 MNry BTAEET RR���''M^^yM,, 1. CABINET FOOTPRRIT PMIENSIDNS ARE Cl1NVERIEG OF EXISTING BEAMS. NU01"TON BG i POI2EA5. FROM METRIC SYSTEM.8:ARE APPROXIMATE 1'"`"—' 2. SUB_GASE HIEGHT-e 3/4" TITLE 3. ANCHOR CABINET TO SUB-BASE IN(8)PLACES W/3/v Du M.B. 110M BE w ROOT PLAN AN X: SUB BASE AM,VAI.MONT MICROFLECT (BBB),800-9191 A-5LU BITS SUB-BASE 112 ROOF PLAN 30Nfi a• D, 3