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SR - AGR-6101 - LAND LEASE WIRELESS ANTENNA EL MODENA PARKAGENDA ITEM May 13, 2014 TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Rick Otto / Assistan Manager ReviewedNerif City Nlana er Finance Director To Be Presented By: on Schulze X Cons Calendar _ City Mgr Rpts Council Reports Legal Affairs Boards /Cmtes Public Hrgs Admin Reports Plan /Environ 1. SUBJECT Land Lease Agreement for Wireless Antenna at El Modena Park. 2. SUMMARY 77�1 It is proposed that the City Council approve a Land Lease between the City of Orange and AT &T (New Cingular Wireless PCS, LLC) to install a monopole light standard with wireless antennas at El Modena Park. The Conditional Use Permit granting the placement of the light standard has been approved by the Planning Commission. The proposed lease agreement with AT &T provides for annual payments of $28,800. 3. RECOMMENDED ACTION Approve Lease between City of Orange and New Cingular Wireless PCS, LLC for a wireless antenna at El Modena Park; and 2. Authorize the Mayor and City Clerk to execute the Lease on behalf of the City. 4. FISCAL IMPACT The proposed lease agreement provides for an annual rent payment of $28,800 and includes a provision for three percent annual increases. AT &T will also pay a $16,500 capital contribution to the City to make parking lot improvements at El Modena Park. 5. STRATEGIC PLAN GO Be a fiscally healthy community b. Analyze future fiscal needs and potential revenue opportunities. d. Effectively manage and develop City assets. ITEM 2) -"'1 1 5/13/14 6. GENERAL PLAN IMPLEMENTATION Infrastructure Goal 4.0: Ensure adequate provision of electricity, natural gas, telephone and data services and cable television. Policy 4.1: Continue to work with dry utility service providers to ensure that the community's current and future needs are met. 7. DISCUSSION and BACKGROUND AT &T (New Cingular Wireless PCS, LLC) is proposing to replace an existing light standard at El Modena Park with a monopole light standard. The new monopole would have six panel antennas and three mounted amplifiers attached to the outside of the pole. The wireless equipment will be housed in a new 16' by 16' equipment building located at the northwest end of the parking lot, over the existing lawn. Verizon is also proposing a monopole light standard at El Modena Park, and if approved, it would construct its equipment enclosure and a trash enclosure for the park connected to the proposed AT &T enclosure. A Conditional Use Permit ( "CUP "), Minor Site Plan Review, and Design Review are required for the installation of stealth ground mounted wireless facilities. The necessary entitlements were granted by the Planning Commission in December 2013. The terms and conditions of the draft lease agreement include: • Annual rental payments of $28,800. • Rental rate is subject to an annual increase of 3% starting in year two of the agreement. • AT &T will make a $16,500 capital contribution to be used for parking lot improvements at El Modena Park. • Initial lease term is five years, with four five -year renewal options. The renewal options are automatic unless AT &T notifies the City of its intent not to renew 60 days prior to the expiration of the agreement. 8. ATTACHMENTS • Land Lease Agreement between City of Orange and New Cingular Wireless PCS, LLC NASTAFF REPORTS\2014 \051314a AT &T Lease at El Modena Parkdoc ITEM 2 5/13/14