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HomeMy WebLinkAboutItem 1d: Amendment to Communications Site Lease Agreement Between City and Verizon Wireless at Camino Grove Park, 1410 South Sixth Avenue . 1OFF ,4,,,4dr I9 117 �� Ivlm;pt mS,;:N r'l Y M COA v /`e - STAFF REPORT Public Works Services Department DATE: March 20, 2012 TO: Mayor and City Council FROM: Tom Tait, Public Works Services Director Prepared by: Dave McVey, General Services Superintendent SUBJECT: AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF ARCADIA AND VERIZON WIRELESS AT CAMINO GROVE PARK — 1410 SOUTH SIXTH AVENUE Recommendation: Accept SUMMARY On June 7, 2011, the City Council approved the communication site lease Agreement between the City of Arcadia (City) and Verizon Wireless for the purpose of erecting, maintaining and operating a wireless communications facility at Camino Grove Park located at 1410 South Sixth Avenue. Verizon Wireless recently approached the City to amend the contract to include revisions to an access path and future tree trimming of trees located along the perimeter of the licensed Cell Tower Facility. The following are the tenets of the proposed changes to the Cell Tower Agreement: • The City will allow Verizon Wireless the use of a 10-foot wide access for pedestrian and vehicular ingress and egress to the leased area and use of a a- foot wide access for pedestrian ingress and egress to leased area; • Verizon Wireless shall post notice 48 hours prior to accessing the leased area during operating hours for construction or maintenance activities. Such posting shall be in at least 2 locations as described by the City; and • Verizon Wireless may request the City do additional tree trimming to eliminate interference to communication equipment. Verizon Wireless will incur all of the City's costs associated with such tree trimming work. Therefore, staff recommends that the City Council approve the amendment to the communications site lease Agreement between the City of Arcadia and Verizon Wireless at Camino Grove Park — 1410 South Sixth Avenue. Page 1 of 3 Mayor and City Council March 20, 2012 DISCUSSION On April 12, 2011, the Arcadia Planning Commission granted a Conditional Use Permit and Architectural Design Review for a wireless telecommunication facility to be installed by Core Development Services on behalf of Verizon Wireless. Subsequently, on June 7, 2011 the City Council approved the communication site lease Agreement between the City and Verizon Wireless for a wireless communication facility at Camino Grove Park. Camino Grove Park has a portion of land that can be utilized by Verizon Wireless for a wireless telecommunication facility. Verizon Wireless will lease approximately 745 square feet at Camino Grove Park, which includes a 55-foot high cell tower camouflaged as a mono-pine to be located at the southeast corner of the park (Exhibit A). This area has several mature trees which would allow the mono-pine to blend into the surroundings. Prior to the start of construction, Verizon Wireless contacted City staff regarding access to the proposed Licensed Cell Tower site. Rather than encroaching on Arcadia Unified School District property, it was determined that granting access through City property would be more prudent. As a result, this amendment includes granting Verizon Wireless a 10-foot wide access path through the tennis courts (City owned property) for pedestrian ingress and egress to the leased area, and the non-exclusive use of a 3-foot wide access for pedestrian ingress and egress to the leased area. Additionally, the easement would allow Verizon Wireless an access path for future maintenance or emergency work. In addition, Verizon Wireless was concerned with the risk of tree branch interference to the facility's communication equipment. The City has a preventative maintenance program that includes trimming City trees once every four years. However, in an instance where Verizon Wireless reasonably determines that a tree branch from a City tree is interfering with the communication equipment, additional trimming can be requested. In the event that additional tree trimming is performed, the City will bill Verizon Wireless for costs incurred for the additional tree trimming. City staff and the City attorney reviewed the amendment to the City's Communication Site Lease Agreement with Verizon Wireless that included negotiations with Verizon Wireless and their representatives (Exhibit B). The following are the tenets of the proposed changes to the Cell Tower Agreement: • The City will allow Verizon Wireless the use of a 10-foot wide access for pedestrian and vehicular ingress and egress to the leased area and use of a a- foot wide access for pedestrian ingress and egress to leased area; • Verizon Wireless shall post notice 48 hours prior to accessing the leased area during operating hours for construction or maintenance activities. Such posting shall be in at least 2 locations as described by the City; and Page 2 of 3 Mayor and City Council March 20, 2012 • Verizon Wireless may request the City do additional tree trimming to eliminate interference to communication equipment. Verizon Wireless will incur all of the City's costs associated with such tree trimming work. The purpose of this amendment is to memorialize the changes to the Communications Site Lease Agreement outlined in this report. Verizon Wireless has been paying the City monthly rent for the proposed Wireless Communication Site per the Agreement since October 2011. All other terms and conditions of the Agreement between the City and Verizon Wireless are to remain in effect. Therefore staff recommends that the City Council approve the amendment to the communication site lease Agreement between the City of Arcadia and Verizon Wireless at Camino Grove Park— 1410 South Sixth Avenue. FISCAL IMPACT The leased portion of City property at Camino Grove Park to Verizon Wireless for a wireless telecommunication facility will generate $27,420 annually in revenue for the City with three percent (3%) increases each year thereafter. RECOMMENDATIONS 1. Accept the amendment to the communication site lease Agreement between the City and Verizon Wireless at Camino Grove Park — 1410 South Sixth Avenue 2. Authorize the City Manager to execute a contract in a form approved by the City Attorney. Approved by: �Q „J Donald Penman, City Manager TT:DM Attachment Page 3 of 3 N is.; y Z N :?$ <0. h a ,S T Qj N 0 b _ 1 1; e I- w H 01 4 11 2 P i q g f 0 i? ? lig ll* !Aim P.I ebg aZ°.1i21 w4 Hop LI II G. 1 u J u ` F 0 1 IR 1 1 0. °zo,t W • n Eg n n n u E 2 2 In 2E 2 N r; m 2 PI Ell N 's o E _ _ .cg k S m 1 z ri ni v ri •d r dzi v Si = d Y id •? _ di d g €f t $3 0 N if� m 1/1 1 I fob co li a;D> : I cob 1 © g : 1 r o U ro co y ri 1 ® GOOD Br te r- - " 1: 1 , y ;• 7 ash��l� , 4,4 at -•rd • 1 , N [ • • 1 1 I ' E ( ) - -� �\ - - / k © i r' •m� 5�� -�WMM�I LL 1 - - - - - - - I- .3AV Hl9 'S ® 0 ® 0 0 m z w c0 w FIRST AMENDMENT TO CITY OF ARCADIA COMMUNICATIONS SITE LEASE AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP DB/A VERIZON WIRELESS THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT ("Amendment") is made between the City of Arcadia (hereinafter referred to as "City"), and Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless ("Lessee"). City and Lessee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." RECITALS WHEREAS, the City is the owner of that certain real property generally located at 1410 South 6th Avenue, in the City of Arcadia, County of Los Angeles, State of California, identified as Assessor's Parcel Number 5780-012-904 and Assessor's Parcel Number 5780-012-906 ("City's Property"). City's Property is used as a municipal park; WHEREAS, the City and Lessee are parties to that certain Communications Site Lease Agreement last executed on July 26, 2011 ("Lease"), pursuant to which Lessee leases a portion of the City's Property ("Leased Area") for the purpose of erecting, maintaining and operating a communications facility. The Leased Area is substantially described in the site plans attached as Exhibit "A" to the Lease; and WHEREAS, the Parties now desire to amend the Lease to memorialize certain revisions to Lessee's access path to the Leased Area and address the trimming of certain landscaping located along the perimeter of Lessee's Leased Area and certain construction protocols, all as set forth in greater detail below. AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. SITE PLANS: The site plans attached as Exhibit "A" to the Lease are hereby supplemented by the site plans attached hereto as Supplemental Exhibit "A" and made a part hereof. Hereinafter, all references in the Lease to Exhibit "A" shall include Supplemental Exhibit "A." Supplemental Exhibit "A" memorializes that the City hereby licenses to Lessee the non-exclusive use of a ten-foot (10') wide access for pedestrian and vehicular ingress and egress to the Leased Area, and licenses to Lessee the non-exclusive use of a three-foot (3') wide access for pedestrian ingress and egress to the Leased Area ("Licensed Area"). Notwithstanding anything to the contrary herein or in the Lease, Lessee's access to the Leased Area by way of the Licensed Area shall be subject to the reasonable prior approval of the City if such access conflicts with the public's use of the City's Property as a municipal park during operating hours, including, but not limited to, any use of the City's tennis courts by the public during tennis court operating hours, or 1 use of the park patio and patio cover during municipal park operating hours. In the event that the City approves such conflicting access via the Licensed Area during municipal park operating hours as described above, the Lessee shall post notice of such use of Licensed Area at the municipal park at least forty-eight (48) hours prior to such use in at least two locations as directed by the City. In the event that such conflicting access is necessitated by a bona-fide emergency as determined by Lessee in its good faith discretion, Lessee may also access the Licensed Area at any time, seven (7) days per week, twenty-four (24) hours per day, provided however, that Lessee shall provide the City with as much advance notice of said emergency conflicting access as reasonably possible and, to the extent reasonably possible, Lessee shall post notice of the conflicting access at the municipal park. 2. IMPROVEMENTS: The City hereby consents to Lessee's installation of proposed access gates on the City's Property substantially in the locations described and depicted on Supplemental Exhibit "A", in accordance with plans and specifications approved in advance by the City. 3. LANDSCAPE TRIMMING BY CITY: (a) With respect to the three (3) existing trees ("Landscaping") located to the east of Lessee's Leased Area, which are described and depicted on Supplemental Exhibit "A," the City acknowledges that it will reasonably trim said Landscaping during the Term, such trimming to occur in the ordinary course of the City's general landscape maintenance of the City's Property, which is once every four (4) years. (b) However, the Parties acknowledge that notwithstanding such regular trimming, there is a risk that the branches or any part of the Landscaping may potentially encroach upon the Leased Area or otherwise interfere with Lessee's Communications Equipment. Accordingly, to the extent that Lessee reasonably determines that such Landscaping is interfering with, or may interfere with Lessee's Communications Equipment, Lessee shall provide the City with written notice ("Additional Landscaping Notice") requesting additional trimming of the Landscaping to eliminate the interference to the reasonable satisfaction of Lessee ("Additional Landscaping"). Subject to the right of the City to exercise reasonable discretion in determining the reasonableness of the request for Additional Landscaping, and on condition both Parties agree that Additional Landscaping is required, the City shall endeavor to perform the Additional Landscaping requested within thirty (30) days after receipt of the Additional Landscaping Notice. In the event that the City cannot complete the Additional Landscaping within thirty (30) days after receipt of the Additional Landscaping Notice, or in the event that the City disagrees with the need for, or scope of, the Additional Landscaping requested, the City and Lessee shall work together in good faith to agree upon a mutually agreeable, reasonable time frame and/or scope of Additional Landscaping requested, if any. Upon completion of any Additional Landscaping, the City shall provide Lessee with written notice of said completion, which notice shall include an invoice and reasonable supporting documentation of any actual costs incurred by the City in performing the Additional Landscaping. Lessee shall pay the invoice within thirty (30) days of receipt. In the event 2 that the City estimates that the Additional Landscaping requested in the Additional Landscaping Notice is expected to exceed Six Hundred Dollars ($600.00), City shall seek prior written approval of Lessee of such costs before performing such Additional Landscaping. (c) After the City provides written notice of its completion of any Additional Landscaping, Lessee shall thereafter have twenty (20) days to inspect the Additional Landscaping and advise the City of any perceived deficiencies. The City may, in its reasonable discretion, perform additional work to remedy the perceived deficiencies. In the event that the City and Lessee disagree as to the perceived deficiencies, the City and Lessee shall work together in good faith to agree upon a mutually agreeable remedy to the perceived deficiencies. Upon completion of any Additional Landscaping pursuant to the perceived deficiencies, the City shall provide Lessee with written notice of said completion. In the event that the City estimates that the Additional Landscaping required to remedy the perceived deficiencies shall result in an additional invoice to Lessee, the City shall seek prior written approval of Lessee of such costs before performing such Additional Landscaping. Any resulting invoice shall include reasonable supporting documentation of any actual costs incurred by the City in performing the Additional Landscaping to remedy the perceived deficiencies. Lessee shall pay the invoice within thirty (30) days of receipt. 4. CONSTRUCTION PROTOCOLS: At all times during which Lessee performs construction work at the City's Property (including but not limited to the installation of Lessee's monopine communications tower and equipment cabinets) in connection with the Lease, during every day of construction, Lessee's construction area shall be fenced off and secured, in accordance with plans and specifications approved by the City, so as to reasonably prevent access to the construction site by the students of the Arcadia elementary school ("School"), which is located adjacent to the City's Property. Further, at no time shall Lessee's construction materials or contractors be allowed on the School premises unless otherwise agreed upon by the School principal in a prior writing. 5. DEFINED TERMS: Unless otherwise provided herein, all defined terms shall have the same meaning as ascribed to such terms in the Lease. 6. CONTINUED EFFECT: Except as specifically set forth herein, this Amendment shall in no way modify, alter or amend the remaining terms of the Lease, all of which are hereby ratified by the Parties and shall remain in full force and effect. In the event of a conflict between any term or provision of the Lease and this Amendment, the terms and provisions of this Amendment shall control. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. 7. VIOLATION DEEMED CAUSE FOR TERMINATION: Pursuant to Section 3.10.2 of the Lease, any violation of any term, covenant, condition or provision contained in this Amendment shall be cause for immediate termination of the Lease. 8. APPROVALS. Except as otherwise provided, with respect to any approvals required from any party under the Lease, such approvals shall not be unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the Parties have duly executed this FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT as of the day and year last written below. CITY: LESSEE: CITY OF ARCADIA Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless By: AirTouch Cellular, its General Partner By: Donald Penman City Manager By: Name: Walter L. Jones, Jr. Date: Title: Area Vice President Network Date: ATTEST: • City Clerk APPROVED AS TO FORM: By: Stephen P. Deitsch City Attorney Date: 4 REVISED EXHIBIT "A" Revised Sketch of Leased Area within City's Property (See Attached) 5