SR - AGR-6154 - WIRELESS ANTENNA EL MODENA PARK4
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AGENDA ITEM
October 14, 2014
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager
FROM: Rick Otto,
Assistant City Ma ge
Reviewed /Verified By:
City Manager _
Finance Direc or
To Be Presente y: Aaron Schulze
X Cons Calendar
City Mgr Rpts
Council Reports
Legal Affairs
Boards /Cmtes _
Public Hrgs
Admin Reports
Plan /Environ
1. SUBJECT
Tower Lease Agreement for Wireless Antenna at El Modena Park.
2. SUMMARY
It is proposed that the City Council approve a Tower Lease between the City of Orange and
Verizon (Los Angeles SMSA Limited Partnership) 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 Verizon provides for annual payments of $28,800.
3. RECOMMENDED ACTION
Approve Lease between City of Orange and Los Angeles SMSA Limited Partnership 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. Verizon will also construct a new trash enclosure
and pay a $5,000 capital contribution to the City to purchase trash receptacles at El Modena Park.
5. STRATEGIC PLAN GOAL(S)
Be a fiscally healthy community
b. Analyze future fiscal needs and potential revenue opportunities.
d. Effectively manage and develop City assets.
ITEM k-- d -- 1 10/14/14
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
Verizon (Los Angeles SMSA Limited Partnership) 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 one microwave dish 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 will also construct a new trash enclosure that will
be connected to its equipment enclosure, which, if approved, will be connected to the equipment
enclosure for the AT &T monopole light standard that was approved by the City Council in May
2014.
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. Despite being granted entitlements in
December 2013, Verizon requested that the City Council not consider the lease agreement until it
had completed a Phase I1 Environmental Assessment of the site. The Assessment was completed
in September 2014.
The terms and conditions of the draft lease agreement are similar to those approved in June, 2014
for the AT &T monopole at El Modena Park, and include:
• Annual rental payments of $28,800.
• Rental rate is subject to an annual increase of 3% starting in year two of the agreement.
• Verizon will make a $5,000 capital contribution to be used to purchase trash receptacles
at El Modena Park.
• Verizon will construct a new trash enclosure adjacent to its equipment enclosure.
• Initial lease term is five years, with four five -year renewal options. The renewal options
are automatic unless Verizon notifies the City of its intent not to renew 60 days prior to
the expiration of the agreement.
8. ATTACHMENTS
• Tower Lease Agreement between City of Orange and Los Angeles SMSA Limited
Partnership, d /b /a Verizon Wireless
NASTAFF REPORTS \2014 \101414a Verizon Lease at El Modena Park.doc
ITEM 2 10/14/14
SITE NAME: Fairhaven
SITE NUMBER: 250210
ATTY /DATE: RRY /3.14
TOWER LEASE AGREEMENT
This Tower Lease Agreement ( "Agreement "), made this day of
201, between the CITY OF ORANGE, a municipal corporation with its principal offices located
at 300 East Chapman Avenue, Orange, California 92866, hereinafter designated LESSOR and Los
Angeles SMSA Limited Partnership, d/b /a Verizon Wireless, with its principal offices at One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-
862- 4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party ".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally bound
hereby, the Parties hereto agree as follows:
1. PREMISES
a. LESSOR hereby leases to LESSEE a portion of that certain space (the
"Tower Space ") on the New Light Standard (as defined below) located at 555 South Hewes
Street, Orange, California (the entirety of LESSOR's property is referred to hereinafter as the
"Property," and is legally described on Exhibit "A" attached hereto and made a part hereof),
together with a parcel of land (the "Land Space ") measuring approximately sixteen feet (16') by
twenty -six feet (26') and containing approximately four hundred sixteen (416) square feet for the
installation of LESSEE's equipment building; together with the non - exclusive right (the "Right of
Way ") for ingress and egress, seven (7) days a week, twenty -four (24) hours a day, on foot or
motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, or along a twelve -foot (12') wide right -of -way extending
from the nearest public right -of -way, Fowler Avenue, to the Land Space; and together with any
further rights of way (the "Further Rights of Way ") over and through the Property between the
Land Space and the Tower Space for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of
Way, if any, are substantially described in Exhibit `B," attached hereto and made a part hereof
demised premises and are collectively referred to hereinafter as the "Premises."
b. In the event any public utility is unable to use the Right of Way or Further
Rights of Way, LESSOR hereby agrees to grant an additional right- of- way(s) either to LESSEE
or to the public utility at no cost to LESSEE.
C. LESSOR hereby grants permission to LESSEE to install, maintain and
operate the communications equipment, antennas and appurtenances described in Exhibit "C"
attached hereto.
d. In connection with the installation of LESSEE's facility, LESSEE shall
remove and dismantle the existing light standard ( "Existing Light Standard ") identified on Exhibit
"B," which removal shall be contingent upon LESSEE obtaining all necessary certificates, permits
and other approvals that may be required by any federal, state or local authorities in connection with
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