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Item 6 - Approval of Lease Agmt with Sprint PCS Cellular Communications Equipment on the Buehler ReservoirJuly 7, 2020, Item #61~ AGENDA REPORT CityofPoway .,_-\~ .... "'= ____ ,,, CITY COUNCIL DATE: TO: FROM: CONTACT: SUBJECT: summary: July 7, 2020 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager L,J k--Craig Ruiz, Economic Development Administrator~ 858-668-4509, cruiz@poway.org Approval of Lease Agreement with Sprint PCS Assets, LLC, for cellular communications equipment on the Buehler Reservoir In October 2000, the City Council approved a five-year lease agreement with Cox PCS Assets for the installation of a wireless telecommunications facility (cell site) at the Buehler Reservoir. The lease was amended in 2003 to reflect the assignment of the lease to Sprint PCS Assets, LLC (Sprint PCS). The lease allowed for, and the parties agreed to, three five-year extensions. The final extension will expire on October 16, 2020. The City was contacted by Md7, an authorized agent of Sprint PCS and advised of Its Interest in obtaining a new lease agreement. Recommended Action: It is recommended that the City Council approve a five-year lease agreement with three, five-year options to extend the term with Sprint PCS Assets, LLC, a Delaware limited liability company, successor in interest to Nextel of California, Inc. for the continued operation of cellular communications equipment on the Buehler Reservoir, located at 14350 Danielson Street, and authorize the City Manager to execute the agreement on behalf of the City. Discussion: City staff has been working with Md7, authorized representatives of Sprint PCS, to negotiate a new cell site lease agreement at the Buehler Reservoir. Cox PCS, and their successor Sprint PCS have been operating a cell communications facility at the Buehler Reservoir since October 2000. The initial term of the agreement was five years, with three additional five-year extensions. The new lease will allow for the continuation of the existing operation which utilizes 2.SG TDD LTE technology. The new lease will also be for an initial five-year term, with three five-year options to extend the agreement. The initial rent will be $53,542.56 and will increase 3 percent annually. The proposed lease amount and term is consistent with the rate and terms charged to other wireless telecommunication vendors located at similar sites within the City. With the execution of the lease 1 of 40 July 7, 2020, Item #6amendment, a one-time aggregate payment of $10,000 is due from Sprint PCS. Rent payments will begin on the commencement date of the lease and will be paid annually on the anniversary of the commencement date of October 17 of each subsequent year. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Eiscal Impact: With the one-time aggregate payment, this lease agreement will generate $294,264 in revenue for the initial five-year term of the agreement and $1,448,708 over the 20-year term of the agreement. Public Notjfjcatjon: Additional notification was sent to Sprint PCS and Md7, representing Sprint PCS. Attachments: A. Lease Agreement with Sprint PCS Assets, LLC Reviewed/Approved By: Assistant City Manager 2 of 40 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager Site Name: Danielson Sprint Site ID#: SD35XC107-A LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this _day of _, 20_, by and between the City of Poway, a municipal corporation ("Landlord") and Sprint PCS Assets, L.L.C, a Delaware limited liability company, successor in interest to Nextel of California, Inc., with its principal offices at 6220 Sprint Parkway, Overland Park, KS 66251-2650 (hereinafter referred to as "Tenant") .. Background A.Landlord is the owner in fee simple of a parcel of land located in the City of Poway, San Diego County, State of California, legally described on the attached Exhibit A (the "Property"), on which a reservoir ("Reservoir") is located. The street address of the Property is 14350 Danielson Street, Poway, CA 92064 and referred to by Tenant as siteSD35XC107-A. B.Landlord and Nextel of California, Inc., predecessor to Tenant entered into a LeaseAgreement for use of the Property on October 24, 2000 for a term of five (5) years with three (3) addition 5-year extensions. C.On May 5, 2015, Tenant had assumed the Lease Agreement from Nextel ofCalifornia, Inc. D.Landlord and Tenant seek to enter into a new agreement for the Property prior tothe expiration of the Lease Agreement on October 23, 2020 to allow for the continued operation of certain antenna facilities and other related equipment and improvements ("Antenna Facilities") for use as described in this Lease. E.Pursuant to Resolution No. P-00-78, Conditional Use Permit No. CUP00-08, Minor Development Review Application (MORA) 03-32, MORA 09-27 and Conditional Use Permit No. CUP14-14 (collectively the "Entitlements") for the Antenna Facilities. D.The parties, solely in an arrangement involving the lease of a portion of the Property from Landlord to Tenant, and not as a part of any land use or regulatorydecisions, including the Entitlements, desire to enter into this Lease on the terms and conditions set forth below. Agreement In consideration of their mutual covenants, the parties agree as follows: 1.Leased Premises & Relocation. a.Premises. Landlord leases to Tenant and Tenant leases from Landlord on a non-exclusive basis a portion of the Property, including space on one of the Reservoirs, as shown on the Site Plan attached as Exhibit B (the "Leased Premises" or "Premises" as the context may require). Tenant intends to continue to operate the Antenna Facilities on the Leased Premises as described and shown more fully on the attached Exhibit C. 3 of 40 ATTACHMENT A July 7, 2020, Item #6 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant may not add additional equipment and/or antennas from that shown on Exhibit C without the prior written approval of Landlord, which may include the requirement to amend the CUP. Specifically, the Premises shall consist of the following as depicted in the attached Exhibits B and C: (i) space on the Reservoir for Tenant's antennas ("Antenna Space"), (ii) ground space measuring approximately twenty-five (25) feet by twelve (12) feet and containing approximately three hundred (300) square feet for the operation of Tenant's equipment ("Equipment Space"), and (iii) the non-exclusive right to install and maintain utility wires, poles, cables, conduits, and pipes (collectively, the "Appurtenant Facilities") over, under, or along a right of way, as depicted in Exhibits Band C, extending between the Equipment Space and Antenna Space, and to the nearest appropriate utilities providers (collectively, "Utilities"); provided however, that the Appurtenant Facilities shall not interfere with Landlord's use or the reasonable use of any other tenant of any part of the Property existing as of the date Tenant commences construction of the Antenna Facilities. b. Relocation Rights and Obligations. Landlord reserves the right to require Tenant to permanently relocate ("Relocation") its facilities to another location on the Reservoir and/or Property. Within fifteen (15) days after Tenant's receipt of Landlord's Relocation notice ("Relocation Notice"), the parties shall meet to identify and negotiate, in good faith, to agree upon a new location at the Property for the Leased Premises. The parties shall have a period of sixty (60) days after Tenant's receipt of the Relocation Notice within which to reach an agreement on the new location. Within thirty (30) days after such new location has been agreed upon Tenant shall commence obtaining all Governmental Approvals (as defined in Section 13 below) required for the Relocation. If no agreement is reached, Landlord shall in good faith designate the new location for the Leased Premises ("Designation Notice"); provided however, that Tenant shall have the right to terminate this Lease if such location designated by Landlord is unacceptable to Tenant. Within thirty (30) days after its receipt of the Designation Notice, Tenant shall either give Landlord notice of its intent to terminate this Lease or commence obtaining all Governmental Approvals required for the Relocation. Tenant shall diligently pursue obtaining all such Governmental Approvals and Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant in obtaining the same. Tenant shall complete the Relocation of its facilities within sixty (60) days after Tenant's receipt of the Designation Notice, or from the date on which the parties agree to the relocation site, whichever occurs sooner ("Relocation Period"). Landlord agrees to reasonably extend the Relocation Period so long as Tenant begins the Relocation as required hereunder and diligently prosecutes the Relocation to completion, in Landlord's sole and absolute discretion. The Relocation Period shall be tolled for the period of time beginning when Landlord, in its jurisdictional capacity, accepts all of Tenant's required applications for permits as complete and concluding on the date that the Landlord, in its jurisdictional capacity, completes processing the permits Landlord requires for the Relocation (the "Tolling Period"). In calculating the Tolling Period no time shall be allowed for any periods 4 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A of time that Tenant is required to modify, correct, and return the applications, due to Landlord's reasonable finding any of the re-submitted applications are incomplete or contain errors requiring correction. Notwithstanding the foregoing, nothing in this Lease or in this section shall obligate the Landlord to approve such Governmental Approvals in its jurisdictional capacity. Should Landlord require Relocation, Landlord is not providing the Governmental Approvals for the new location/project in its jurisdictional capacity. If Landlord requires use of the Premises before the Relocation is completed, Landlord shall allow Tenant to install temporary facilities sufficient to maintain Tenant's operations, which temporary facilities shall be located in a mutually agreeable location at the Property. Tenant must remove such temporary facilities from the Premises after Tenant's Relocation is complete. In no event will temporary facilities remain on the Premises for more than sixty (60) days without the written permission of Landlord; provided however, that Landlord shall not unreasonably withhold such permission if Tenant is diligently working to complete such Relocation as soon as practicable. The Relocation shall be at Tenant's sole expense. c. Temporary Relocation. Upon request of Landlord, Tenant agrees to relocate its equipment on a temporary basis ("Temporary Relocation"), at Tenant's sole cost, to another location on the Reservoir or Property, hereinafter referred to as the "Temporary Premises," for the purpose of Landlord performing maintenance, repair or similar work at the Property, provided: i. The Temporary Premises is similar to Tenant's existing location in size and is compatible for Tenant's use, in Tenant's reasonable determination; ii. Landlord gives Tenant at least ninety (90) days' written notice prior to requiring Tenant to temporarily relocate; iii. Upon the completion of any maintenance, repair or similar work by Landlord, Tenant is permitted to return to its original location from the Temporary Premises, which Tenant shall complete as soon as reasonably practicable. This Lease is not a franchise pursuant to Chapter 5.60 of the Poway Municipal Code nor is it a permit to use the rights-of-way under Chapter 12.04 of the Poway Municipal Code. Any such franchise or permit must be obtained separately from Landlord. This Lease shall not be interpreted as imposing, elevating validation, invalidating or in any way modifying any franchise license or permit requirement imposed, restricted, pre-empted or otherwise affected by local, state or federal law. 2. Term. The term of this Lease shall be five (5) years, commencing on the first day of the month following both (i) City Council approval of the CUP and (ii) execution of this Lease by the parties hereto (the "Commencement Date"). So long as Tenant is in compliance with the terms and conditions contained herein and the terms and conditions of the CUP, Tenant shall have three (3) five-year options to extend this Lease on the same terms and conditions, excluding rent which shall be adjusted annually as set forth in Section 3.a. below. Each option shall be deemed automatically exercised unless 5 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant provides written notice of intent not to exercise the option at least ninety (90) days prior to the expiration of the then current five-year term. Notwithstanding such extension options, Tenant understands and acknowledges that conditions of approval of the CUP are subject to review and modification at any time by the City Council, after public hearing. Further, this Lease shall in no way restrict or infringe on the City of Poway's jurisdictional authority as a California municipal corporation over the Property or the Governmental Approvals applicable to the Premises. a. Tenant shall pay Landlord as annual initial rent for the Premises the sum of $53,542.56 ("Rent"). Tenant shall pay Landlord annual initial Rent within forty-five (45) days after the Commencement Date. Thereafter, tenant shall pay Landlord Rent annually in advance of each anniversary of the Commencement Date. Rent shall be increased three percent (3%) annually as follows: Year2 Year3 $55,148.83 $56,803.30 Year4 Years $58,507.40 $60,262.62 b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the Rent for any Rent not paid within thirty (30) days after receipt of notice from Landlord to Tenant. Any amounts not paid within the previously mentioned thirty (30) day period shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. For each additional antenna installed by Tenant beyond the initial array described in Exhibit C and approved by Landlord pursuant to Section 8 below, Tenant shall execute an amendment to this Lease and shall pay Landlord an additional Rent of TWO HUNDRED AND NO/100 DOLLARS ($200.00) per month. This additional Rent is effective the first day of the month following Landlord's execution of the amendment and is to continue for the remainder of the current lease year. Effective the beginning of the subsequent lease year, there shall be added to the annual Rent the annual adjustment set forth in subdivision (a), above, and the additional annual Rent ($2,400 per additional antenna), with such new amount to become part of the annual Rent. d. If this Lease is terminated at a time other than on the last day of the term, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, the balance of all prepaid Rent shall be refunded to Tenant within thirty (30) days of the date of termination and the removal of the Tenant's property from the Premises. 4. Taxes. This Lease may result in a taxable possessory interest as defined in California Revenue and Taxation Code section 107, and the Tenant may be responsible for the payment of property taxes for the use of the Premises. Tenant agrees to and shall 6 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SO35XC107-A pay before delinquency all taxes and assessments of any kind assessed or levied upon Tenant or the Premises by reason of this Lease or of any buildings, machines, or other improvements of any nature whatsoever erected, installed or maintained by Tenant or by reason of the business or other activities of Tenant upon or in connection with the Premises, except that Tenant shall not be required to pay any sales tax, rental tax or income tax assessed upon Landlord. Such taxes and assessments shall be in addition to Rent. 5. Use of Premises. Tenant shall use the Premises for the installation, operation, repair and maintenance of the Antenna Facilities and Appurtenant Facilities for the transmission and reception of communications signals and for the operation of a communications system and uses incidental thereto and for no other uses. Tenant may not add additional equipment and/or antennas from that shown on Exhibit C without the prior written approval of Landlord, which may require the amendment of the CUP, pursuant to Section 8 below. Landlord reserves the right to enter into agreements with other parties, including, but not limited to, wireless communication carriers (hereinafter "Carrier") for use of the Property as provided herein. The Carrier will provide Landlord and Landlord will deliver to Tenant documentation certified by an engineer licensed in the State of California and specializing in the design of wireless communications facilities, that the Carrier's proposed antennas and other facilities will not interfere with Tenant's then-existing antennas, and the Reservoir and/or Reservoir Site can structurally support the additional antennas. If Carrier's plans and specifications are approved by Landlord, Landlord shall notify Tenant in writing as to the scheduled date and time of commencement of construction and installation of Carrier's transmitting/receiving equipment not less than ten (10) business days prior to such date. In the event Tenant experiences interference from a Carrier in Tenant's use of the Premises and the Antenna Facilities, Landlord will make its best effort to assist Tenant in resolving such interference. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including, but not limited to, laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antenna Facilities, the Appurtenant Facilities, the Property and/or the Premises. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's sole expense (including reimbursement of Landlord's reasonable attorney and administrative fees), any federal, state and local licenses and permits required for or required by Tenant's use of the Leased Premises. Tenant shall exercise due diligence in utilizing the Property so as to not interfere with utilization of the Property by Landlord, and Tenant agrees to comply with the terms and provisions of this Lease and the CUP. It is understood by Tenant that Landlord's principal use of the Property is as a water storage reservoir and as a part of the water transmission system of Landlord and that it is necessary to maintain adequate security at all times for the primary utilization of the Property by Landlord. 7 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant has been advised and understands that Landlord has a radio controlled telemetry system for the Reservoir and Tenant agrees not to create any interference of any kind with Landlord's signals and further agrees to promptly, upon receipt of written notice from Landlord, to correct any interference that may result from Tenant's equipment or to promptly cease the operation of Tenant's equipment causing such interference (except for intermittent testing) until non-interference with Landlord's telemetry equipment has been obtained. Tenant's installation, operation, and maintenance of the Antenna Facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities of the Property. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Reservoir or Property (as determined in the Landlord's sole and absolute discretion) promptly upon Tenant's receipt of actual written notice of such interference, provided, however, in such case, Tenant shall have the right to terminate this Lease pursuant to the provisions of Section 6 herein. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion and for any reason, to repair, maintain, alter or improve the Property of which the Reservoir is a part, in connection with its operations as may be necessary including leasing parts of the Reservoir or Property to others as provided herein. 6. Termination. This Lease may be terminated, without liability to either party, (a) by Tenant upon ninety (90) days' written notice if it is unable to obtain or maintain any license, permit, or other Governmental Approval (as defined below) necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; or (b) by Landlord if Landlord decides, in its sole discretion and for any reason, to discontinue use of the Reservoir and/or Property and provides Tenant with a one hundred eighty ( 180) day notice of termination; or (c) by Landlord upon thirty (30) days' written notice if it determines, in its sole discretion and for any reason, that the Reservoir and/or Property is not safe for Tenant's use; or (d) immediately by Landlord if it determines in its reasonable and qualified discretion that continued use of the Reservoir or Property by Tenant violates applicable laws or ordinances and ten (10) days after receiving written notice from Landlord, Tenant fails to resolve the issue; or (e) immediately by Landlord if it determines in its reasonable and qualified discretion that continued use of the Reservoir or Property by Tenant is in fact a threat to health, safety or welfare; or (f) by Tenant upon sixty (60) days' prior written notice if Tenant determines that interference by or to Tenant's use of Premises cannot be resolved to Tenant's reasonable satisfaction; or (g) by Landlord upon ninety (60) days' prior written notice if Landlord determines that interference by or to Landlord's use of the Property cannot be resolved to Landlord's reasonable satisfaction; or (h) Tenant may terminate the Lease upon ninety (90) days written notice to Landlord only if (i) any environmental report for 's Property reveals the presence of any Hazardous Substance; or (ii) Tenant is unable to occupy and utilize the Antenna Facilities or the Antenna Facilities due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iii) Tenant determines that the Antenna Facilities is not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference, or the Antenna Facilities or the communications systems to which the Antenna Facilities belong become unacceptable under its design or engineering specifications .. 8 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A If the Reservoir, Property or Leased Premises, or any portion thereof, is altered, destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. Landlord shall have no obligation to undertake any repair to the Reservoir or Property. Notwithstanding the foregoing, this provision does not apply to the Tenant's property, including the Antenna Facilities and Appurtenant Facilities located on the Reservoir, Property, Leased Premises, or neighboring property. Under no circumstances may Tenant terminate this Lease until all of its property is removed. If this Lease is terminated by Landlord due to a material breach by Tenant of one of Tenant's obligations herein, the termination shall be effective immediately upon the date of delivery of written notice of termination. Upon termination of this Lease by Landlord for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, Appurtenant Facilities and leasehold improvements from the Premises within thirty (30) days after the date of Landlord termination, and shall restore the Leased Premises to the same condition as existed prior to this Lease, ordinary wear and tear and loss due to casualty; all at Tenant's sole cost and expense. Any such property, equipment or Antenna Facilities not removed within thirty (30) days of Landlord's Lease termination, may be removed by Landlord and stored on behalf of Tenant at Tenant's sole expense and Tenant may be charged for the reasonable, actual and documented cost of removal incurred by Landlord. Should Tenant fail to recover its property for any reason within thirty (30) days of the Landlord providing notice to tenant that it has removed the property from the Property, Landlord may sell or use the property for its own use and benefit. Nothing in this section shall limit the Landlord's ability to recover the costs incurred by Landlord to remove and store Tenant's property. Notice of termination of this Lease for any reason shall be given pursuant to Section 25 below. 7. Construction Standards. The Antenna Facilities and Appurtenant Facilities shall be installed on the Premises in a good and workmanlike manner, without the attachment of any construction liens, and in compliance with the terms and conditions of the CUP and this Lease. 8. Installation of Equipment. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Premises, in accordance with good engineering practices and with all applicable Federal Communications Commission ("FCC") and the California Public Utilities Commission ("CPUC") rules and regulations, the Antenna Facilities and Appurtenant Facilities as described in Exhibits Band C. Tenant may not add additional equipment and/or antennas from that shown on Exhibits B and C without the prior written approval of Landlord, which may require an amendment of the CUP. 9 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC107-A b. Tenant's installation of the Antenna Facilities shall be done according to plans approved by Landlord and in compliance with the conditions of approval for the CUP. Any damage done to the Reservoir or Property during installation by Tenant and/or during Tenant's operations shall be repaired or replaced promptly at Tenant's expense. In connection with the installation and operation of the Antenna Facilities, Tenant shall not locate or attach any antennas or other equipment to the Reservoir tank except that approved by the CUP. The installation methods for the Antenna Facilities or other equipment to the Reservoir tank must be done in a manner that will be compatible with the cathodic protection of the Reservoir tank and all other Landlord facilities and equipment located on the Property and in compliance with the terms and conditions of the CUP. c. Within thirty (30) days after final inspection of the Antenna Facilities by Landlord, Tenant shall provide Landlord with as-built drawings of the Antenna Facilities and Appurtenant Facilities and the improvements installed on the Premises, which show the actual location of all equipment and improvements consistent with Exhibit C. d. Any change to Tenant's approved antenna type, number of antennas, antenna location and/or change in transmitter type and power output shall require the prior written approval of Landlord, which may include an amendment of the CUP, and shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC and/or the CPUC. If Tenant's plans and specifications are approved by Landlord, Tenant shall notify all other tenants of the Reservoir in writing as to the scheduled date and time of commencement of construction or installation of Tenant's modified equipment not less than ten (10) days prior to such date. 9. Equipment Maintenance and Modifications. a. Minor Maintenance and Repairs. Except as otherwise required in Section 11 of this lease, Tenant may repair, replace or modify the existing Antenna Facilities from time to time, without having the prior written approval of the Landlord, provided that the repaired, replaced, or modified Antenna Facilities are not greater in number or size than the then-existing facilities and that any change in their location on the Reservoir or Premises is approved in writing by Landlord. Notwithstanding the foregoing, actions taken under this section may require an amendment of the CUP if the Antenna Facilities are modified in a manner that is not consistent with the CUP. b. Other Maintenance, Repairs, and Modifications. Notwithstanding Section 9(a), all other repairs, replacements and/or modifications that are not addressed by Section 9(a) above in the Landlord's sole and absolute discretion, shall require the prior written approval of Landlord. Such equipment upgrades may also require an amendment of the CUP. Tenant shall submit to Landlord a detailed proposal for any such repair, replacement, relocation, or modification and any supplemental materials as may be reasonably requested, for Landlord's evaluation and determination. Should Landlord discover any repair, replacement, relocation or modification did not receive its approval, and should have in Landlord's sole and absolute discretion, Landlord shall notify Tenant of the non-approved modification, which shall be remedied within thirty (30) days. Should 10 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Tenant fail to remedy such a non-approved modification, such failure shall be considered a material breach of this Lease, and Landlord may terminate this Lease immediately. c. Additionally, notwithstanding Section 6409 of the Spectrum Act (codified at 47 U.S.C. § 1455) and its implementing regulations (codified at 47 C.F.R. § 1.4001), as that statute and those regulations are amended from time to time or replaced by a successor statute or regulations, Landlord, at Landlord's sole and absolute discretion, may require Tenant to undergo a discretionary review process in its jurisdictional capacity, for any modification to Tenant's Antenna Facilities, Appurtenant Facilities, or any leasehold improvements, including its antennas, which is not explicitly authorized by this Lease, regardless of whether such modification constitutes a "substantial change" to the physical dimensions of such facility or antennas (as the term "substantial change" is defined in Section 6409 of the Spectrum Act and its implementing regulations). 10. Maintenance and Operations. a. Tenant shall have the right and obligation, at its own expense, to maintain the Premises and any equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of or other leasing of the Reservoir and Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, Appurtenant facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. d. In the event Landlord or any other tenant undertakes painting, construction or other alterations on the Reservoir or Property, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antenna Facilities and protect the same from paint and debris fallout which may occur during the painting, construction or alteration process. Landlord and/or any tenant that is undertaking the work on the Reservoir or Property will give each of the other tenants at least fifteen (15) days written notice prior to commencing such work. 11. Premises Access. a. Tenant shall have both pedestrian and vehicular access to the Premises by means reasonably designated by Landlord, subject to notice requirements to Landlord as noted in the approved CUP, and also in Section 11b., below. b. Tenant shall have access to the Premises in order to install, operate, maintain and remove the Antenna Facilities only with the prior approval of Landlord, which shall not be unreasonably withheld. City business days are Monday-Thursday (7 a.m. -5 p.m.), and open alternating Fridays (7 a.m. -4 p.m.). Tenant shall request from 11 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Landlord access to the Premises by telephone at least two (2) business days in advance for work contemplated in Section 9(a) above ("Minor Work"). All other types of work shall be coordinated with Landlord. To receive approval and coordinate the date and time of access for Minor Work, Tenant's representative or contractor must contact Landlord's cell site coordinator ("Coordinator'') at (858) 668-4700, provided however, that leaving a message shall not constitute advance notice. If Tenant leaves a message with the Coordinator, the Coordinator shall return any such messages within two (2) business days. Construction or maintenance activities may be scheduled Monday through Thursday between the hours of 9 a.m. to 3 p.m., and 9 a.m. to 2 p.m. on alternating Fridays. Landlord shall grant Tenant such access unless such access will unreasonably interfere with any of Landlord's activities or operations at the Property as determined in Landlord's sole and absolute discretion. In the event of an emergency that affects the health and safety of the public, Tenant shall notify Landlord's cell site coordinator ("Coordinator'') for immediate access to the Premises. Routine repair or maintenance work is not considered an emergency. In the event an emergency occurs on a weekend, holiday, or after-hours, Tenant shall call Landlord's after-hours number, (858) 668-4751, and a Landlord representative shall be available to answer such calls twenty-four (24) hours a day, seven (7) days a week. c. In the event Tenant requires access to the Premises outside of Landlord's availability as noted above in Section 11 b., Tenant shall be billed for Landlord's costs to provide such access, unless authorized by the Director of the Public Works Department. Costs shall include any overtime or call-out compensation to which an employee facilitating Tenant access may be entitled, the cost of the vehicle, as well as an overhead charge. Tenant shall reimburse Landlord for these costs within thirty (30) days of billing. d. Upon twenty four (24) hours prior notice to Tenant, Landlord shall be allowed and granted access to the Premises at reasonable times to examine and inspect the Premises for safety reasons or to ensure that Tenant's covenants are being met, as long as Tenant's equipment, technology and proprietary interests remain secure and the operation of the Antenna Facilities is not adversely affected. 12. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated therein. 13. Approvals: Compliance with Laws. This Lease, Tenant's obligations under this Lease and Tenant's use of the Premises is contingent upon Tenant's ability to obtain and maintain all necessary governmental licenses, permits, and approvals and pay all fees in connection therewith that may be required by any federal, state or local authority ("Governmental Approvals"), including Landlord. Landlord makes no representation, commitment or obligation, as to Tenant's success in obtaining the required Governmental Approvals. Tenant shall erect, maintain and operate the Antenna Facilities and the Appurtenant Facilities in accordance with statutes, ordinances, rules and regulations now in effect or that may be issued thereafter by the FCC or any other governing bodies. 12 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A 14. Interference. Before approving the placement of the Antenna Facilities, Landlord may obtain from Tenant, at Tenant's expense an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Reservoir or Property existing as of the date of commencement of construction of the Antenna Facilities pursuant to this Lease and an engineering study indicating whether the Reservoir or Premises is able to structurally support Tenant's Antenna Facilities without prejudice to Landlord's primary use of the Reservoir. After review of Tenant's study, Landlord may, in its sole discretion, determine that a third-party study is necessary and Landlord may obtain such study at Tenant's expense. Tenant shall be responsible for installing any equipment, at its own expense, reasonably required by Landlord to eliminate any interference that may be caused by the location of the radio transmitting or other equipment of all parties existing on the Reservoir prior to the Commencement Date including, but not limited to, Landlord and other Carriers on the Property. Tenant's use and operation of the Antenna Facilities shall not interfere with the use and operation of other communication facilities on the Reservoir or Property, which pre-existed the Antenna Facilities. If the Antenna Facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility ( other than intermittent testing) until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant receives written notice from Landlord of such interference, Landlord or Tenant may terminate this Lease pursuant to Section 6 herein. 15. Lease and Landlord's Remedies. Except as more specifically provided elsewhere in this Lease, it shall constitute a default of this Lease if any of the following occurs: (1) if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within thirty (30) business days after receipt of written notice from Landlord; (2) if Tenant fails to obtain or retain the necessary Governmental Approvals due to no fault of Tenant; (3) if Tenant defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) days after receipt of written notice from Landlord specifying the default complained of; provided however, if such a default cannot be cured within thirty (30) days, no such failure will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence in the Landlord's sole and absolute discretion; (4) if Tenant abandons or vacates the Premises; (5) if Tenant is adjudicated bankrupt and the bankruptcy proceeding is not dismissed within ninety (90) days from its commencement or makes any assignment for the benefit of creditors; or (6) if Tenant becomes insolvent. 13 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC 107-A In the event of a default and following the applicable cure period if the default remains uncured, Landlord shall have the right, at its option, in addition to and not exclusive of, any other remedy Landlord may have by operation of law or under this Lease, without any further demand or notice, to reenter the Premises and eject all persons and property therefrom, and either (a) declare this Lease at an end, in which event Tenant shall immediately pay Landlord a sum of money equal to the total of (i) the amount of the unpaid Rent accrued through the date of termination; (ii) the amount by which the unpaid Rent reserved for the balance of the term exceeds the amount of such rental loss that Tenant proves was reasonably avoided by re letting the Premises (net of the costs of such reletting), which shall be approved by Landlord in its sole and absolute discretion; and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under this Lease, or (b) without terminating this Lease, relet the Premises, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly, notwithstanding that Landlord may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, and Landlord may bring an action therefor as such monthly deficiency shall arise. No reentry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, regardless of the extent of renovations and alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 16. Cure by Landlord. In the event of any default of this Lease by Tenant, Landlord may at any time, after delivering at least thirty (30) days' prior written notice to Tenant, cure the default for the account of and at the expense of Tenant. If Landlord incurs any expense to cure such default, Tenant shall reimburse Landlord for such expense within thirty (30) days after Tenant's receipt of Landlord's invoice and reasonably supporting documentation. 17. Condemnation. In the event the Premises are taken by eminent domain by any governmental agency, this Lease shall terminate as of the date possession of the Premises is taken by the condemning authority. In the event a portion of the Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of transfer of possession, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking (except for relocation expenses) and Landlord shall otherwise receive the full amount of such award. Except as herein provided, Tenant hereby expressly waives any right or claim to any portion thereof, including any claim for loss of business or goodwill, all such claims (except for relocation expenses) being hereby irrevocably assigned to the Landlord. All damages, whether 14 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Landlord. 18. Indemnity and Insurance. a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Premises or the Antenna Facilities, except to the extent attributable to the sole negligent or sole willful misconduct of Landlord, its employees, agents or independent contractors. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify, defend (with counsel reasonably approved by Landlord), and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective elected and appointed officials, officers, boards, employees, agents, attorneys (hereinafter collectively referred to as "lndemnitees"}, from and against: i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Property, Leased Premises or Antenna Facilities or the Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees which may arise out of or be in any way connected with the parties' material breach of a term or condition of this Lease. iii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the lndemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises or Antenna Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded around within thirty (30) days following such request. 15 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A iv. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the lndemnitees by reason of any financing or securities offering by Tenant or its affiliates which results in any violations of the common law or any laws, statutes, or regulations of the State of California, or United States, including those of the Federal Securities and Exchange Commission. v. Tenant's obligation to indemnify the lndemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent that they are caused by the negligence or willful misconduct of one or more lndemnitees. vi. Tenant's obligation to indemnify lndemnitees shall survive the termination of this Lease. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the lndemnitees for personal injury or property damage to any person (other than from an lndemnitee's negligence or intentional acts) arising out of the Tenant's installation, operation, maintenance, condition or use of the Premises or Tenant's Antenna Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of lndemnitees. In the event any action or proceeding shall be brought against any lndemnitee by reason of any matter for which the lndemnitee is indemnified hereunder, Tenant shall, upon receipt of written notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel reasonably approved by Landlord. However, Tenant shall not admit liability in any such matter on behalf of the Landlord, nor enter into any compromise or settlement of any claim for which and lndemnitee is indemnified hereunder, without the prior written consent of Landlord. Similarly, Landlord shall not admit liability for, nor enter into any compromise or settlement of any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt written notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Tenant shall pay all reasonable expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorneys' fees and shall also include the Landlord's actual own attorney's fees, and the actual expenses of Landlord's agents, employees or expert witnesses and disbursements and liabilities assumed by Landlord in 16 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A connection with such suits, actions or proceedings, but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant, as determined by the Landlord in its reasonable discretion. If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses incurred by Landlord in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as Landlord's actual attorney fees and shall also include the actual costs of any services rendered by the Landlord's attorney, and the actual and documented expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings, but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant, as determined by the Landlord in its reasonable discretion. f. Insurance. During the term of this Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Workers' compensation insurance meeting applicable statutory requirements and employer's liability insurance with limits of One Million Dollars ($1,000,000) for each accident. ii. Commercial general liability insurance with limits of Three Million Dollars ($3,000,000) per occurrence, $10,000,000 aggregate. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Tenant, its employees and agents, to comply with the provisions of state law with limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, Tenant shall require the contractor to have in place an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the construction. Upon completion of the construction, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than those for Workers' Compensation shall be written on an occurrence and not on a claims made basis. 17 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site 10#: SD35XC107•A vi. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of any work on the Leased Premises or Property. g. Additional Insureds. All required policies, except for worker's compensation and property insurance policies, shall include Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereafter created, and their respective elected and appointed officials, officers, boards, commissions, employees, agents, and the lndemnitees as their respective interests may appear as additional insureds (herein referred to as the "Additional Insureds"). The policy will provide primary coverage and is not secondary or in any way subordinate to any other insurance or coverage maintained by Landlord. Each policy that is to include Additional Insureds hereunder shall contain cross-liability wording, to the effect of: In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder. h. Evidence of Insurance. Certificates of insurance for each insurance policy required to be obtained by Tenant in compliance with this Section, shall be filed and maintained with Landlord annually during the term of this Lease. Tenant shall advise Landlord in writing of any claim or litigation that may result in liability to Landlord within fourteen (14) days of Tenant's discovery of such claim or litigation. i. Cancellation of Policies of Insurance. The insurance carriers will provide a 30 day prior written notice of cancellation or termination to the certificate holder, 10 days for non-payment of premium. j. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the lndemnitees and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by Tenant under this Lease. Tenant may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Lease. In the event Tenant elects to self-insure its obligation under this Lease to include Landlord as an additional insured, the following conditions apply: i. Additional insured shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors. 18 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A ii. Additional insured shall not exceed Tenant's indemnification obligation under this Lease, if any. iii. Additional insured shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the sole gross negligence of Landlord, its employees, agents or independent contractors. iv. Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like. v. Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant. vi. Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like, however this does not obligate or extend financial liability to Landlord. k. Contractors. Tenant and Landlord shall each require that each and every one of its contractors and their subcontractors who perform work on the Property or Leased Premises to carry, in full force and effect, workers' compensation, commercial general liability and automobile liability insurance coverages of the type which the insured is required to obtain under the terms of this Section with reasonable and appropriate limits of insurance as determined by the Landlord in its reasonable discretion. i. If Tenant subcontracts any work under this Lease, Tenant shall require that each subcontractor includes Landlord as an additional insured as their interest may appear under the subcontractor's general liability insurance policy and any excess liability insurance policy. Tenant is solely responsible to ensure that all of its subcontractors, or anyone else acting on its behalf or at its direction, complies with the insurance requirements set forth in this Lease. 19. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises herein will not generate any hazardous or toxic substances, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance in violation of any applicable local, state or federal law or regulation. Further, Tenant shall conduct its business and use of the premises in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). Tenant shall be allowed to store on the Premises the number of batteries as shown in Exhibits B and C of this Lease, as well as fuel for Tenant's emergency generator, an HVAC system, and a halon/FM200 fire suppression system. The batteries shown on the 19 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A Exhibits are to be used for emergency backup power only. No additional batteries or fuel may be stored on the Premises without the prior written approval of Landlord. Tenant further agrees, at its sole cost and expense, to indemnify, defend (with counsel approved by Landlord}, and hold harmless lndemnitees from any claims, losses, liabilities and/or costs (including reasonable attorneys' fees and costs) to the extent resulting from Tenant's violation of any applicable EH&S Laws, or to the extent arising from any claim based on the EH&S Laws, or to the extent resulting a release or threatened release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release or threatened release including reasonable attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence or willful misconduct of Landlord, its employees, agents or contractors. "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 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 release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20. Radio Frequency (RF). Tenant shall comply with all present and future applicable laws, orders, and regulations relating to Radio Frequency ("RFs") to the extent required by current or future FCC regulations. 21. Holding Over. Any holding over after the expiration of the term hereof with the written consent of Landlord shall be construed to be a tenancy from month to month at two times the Rents herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 22. Subordination to Mortgage. Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, upon receipt of Landlord's written request, execute any mutually agreeable additional documents reasonably necessary to effectuate this subordination provided that any such mortgagee agrees to recognize and not disturb Tenant's rights under the Lease. 23. Aggregate Payment. Tenant shall pay Landlord the sum of Ten Thousand and No/100 Dollars ($10,000.00) to reimburse Landlord for its costs in negotiating and administering this Lease ("Aggregate Payment"). This Aggregate Payment is a one-time payment. The Aggregate Payment shall not be considered "Rent" and is due forty-five (45) days after the Commencement Date. 24. Acceptance of Premises. By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises and, except 20 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SO35XC107-A as provided by applicable law, Landlord shall not be liable for any latent or patent defect in the Premises. 25. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given as of the date of such service or mailing if personally delivered, mailed, certified mail, return receipt requested or sent by a nationally recognized overnight courier; to the following addresses: If to Landlord, to: City of Poway City Manager's Office Attn: Economic Development Administrator P.O. Box 789 Poway, California 92074-0789 If to Tenant, to: Sprint Property Services Sprint Site ID: SD35XC107-A Mailstop KSOPH 00101-Z2650 6220 Sprint Parkway Overland Park, Kansas 66251-2650 With mandatory copy to: Sprint Law Department Sprint Site ID: SD35XC107-A Attn.: Real Estate Attorney Mailstop KSOPH 00101-Z2020 6220 Sprint Parkway Overland Park, Kansas 66251-2020 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 26. Assignment. Tenant may assign this Lease and all or any rights, benefits, liabilities and obligations hereunder without Landlord's written consent to: (i) any person or entity which is a parent, subsidiary or affiliate of Tenant; (ii) any person or business entity that controls or is controlled by or under common control with Tenant; or (iii) any person or business entity that is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant in the market defined by the FCC in which the Property is located. Upon notification to Landlord by Tenant of any such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Lease to the extent of such assignment. Tenant may not otherwise assign or sublet this Lease, or any interest created under this Lease, to any other entity, without Landlord's prior written consent. 21 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A 27. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 28. Miscellaneous. a. Authority. Landlord and Tenant represent and warrant to each other that each, respectively, has the full right, power, and authority to execute this Lease. b. Integration. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind, whether oral or written. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. Venue. This Lease shall be construed in accordance with the laws of the State of California. Any action to enforce or interpret this Lease shall be brought in the Superior Court for San Diego County, California, Central or East County Divisions. Tenant hereby expressly waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. d. Validity and Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect, if the overall purpose of the Lease is not rendered impossible and the original purpose, intent or consideration is not materially impaired. e. Covenants. Landlord represents and warrants to Tenant that as long as Tenant is not in default, Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises. f. Construction. The parties both acknowledge and agree that this Lease was negotiated with the full participation of both parties. As such, the provisions contained in this Lease shall not be construed in favor of or against either party, but shall be construed as if both parties contributed equally to its preparation. g. Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) exhibits are an integral part of this Lease and are incorporated by reference into this Lease; (iv) in the event of any conflict between the physical descriptions of any property or facility in the exhibits versus the body of this Lease, the physical description and rendering of the exhibits shall prevail; (v) reference to a default will take into consideration any applicable notice, grace and cure periods; (vi) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Lease, the ambiguity shall not be resolved on the basis of who drafted the Lease; and (vii) the singular use of words includes the plural where appropriate. 22 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A h. Limitation of Liability. Except for the indemnity obligations set forth in this Lease, and otherwise notwithstanding anything to the contrary in this Lease, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. i. Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Premises, Antenna Facilities, Appurtenant Facilities and/or the Property. j. W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9 and Form 590, or their equivalents, upon execution of this Lease and at such other times as may be reasonably requested by Tenant, including any change in Landlord's name or address. k. Execution/No Option. The submission of this Lease to any party for examination or consideration does not constitute an offer, reservation of or option for the Leased Premises based on the terms set forth herein. This Lease will become effective as a binding agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Lease may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. I. Waiver of Jury Trial. Each party, to the extent permitted by law, knowingly, voluntarily and intentionally waives its right to a trial by jury in any action or proceeding under any theory of liability arising out of or in any way connected with this Lease or the transactions it contemplates. 29. Limitation on Applicability. Notwithstanding any language in this Lease, the terms and conditions herein shall apply only to the Reservoir and the Premises described above. Nothing in this Lease shall be interpreted to affect the parties' right and obligations regarding other properties, sites, facilities or proposed projects of Tenant or Landlord. [Signatures appear on next page] 23 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A This Lease was executed as of the date first set forth above. LANDLORD: TENANT: City of Poway, Sprint PCS Assets, L.L.C, a municipal corporation a Delaware limited liability company, By: --------------Chris Hazeltine, City Manager By: Silvia J. Lin, Manager, Real Estate Date: -------------Date: APPROVED AS TO FORM: By: --------------A I an Fenstermacher, City Attorney 24 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT A Legal Description of Property THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 18003 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31, 1998, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 1 NORTH 01° 31' 13" EAST, 124.56 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY NORTH 1° 33' 14" EAST. 591.39 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 88° 26' 46" WEST, 211.00 FEET: THENCE SOUTH 07° 15' 4Z' WEST, 573.05 FEET TO AN ANGLE POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY SOUTH 49° 11' 00" EAST, 134.94 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY. SOUTH 68 ° 12' 00 .. EAST, 174.36 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION THAT PORTION OF THE EAST ONE HALF OF THE EAST ONE HALF OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE Cl1Y OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRJBED AS FOLLOWS: COMMENCING AT THE COMMON EAST SIXTEENTH CORNER OF SECTION 18 AND SAID SECTION 19. TOWNSHIP 14 SOUTH , RANGE 1 WEST, SAN BERNARDINO MERIDIAN, SAID POINT BEING ALSO THE NORTHEAST CORNER O'~··atTYOF POWAY TRACT 87-13. UNll.2 •. MAe_N.Q~ 1;MJ,Po lHE~S~TH~Y ALONG THE WESTERLY LINE OF THE EAST ONE HALF OF fflE T 0~ I-OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID MAP NO. 13410, SOUTH 01 ° 28' 09• WEST, 1338. 79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO. 18003; THENCE CONTINUING ALONG SAID WESTERLY LINE OF THE EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 01 ° 33' 14• WEST. B36.26 F.EET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SOUTH 01 ° 33' 14. WEST, 313.56 FEET; THENCE LEAVING SAID WESTERLY LINE OF THE EAST ONE HALF OF THE EAST ONE HALF OF SAID SECTION 19 AND THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 88° 26' 45• EAST, 100.00 FEET; THENCE NORTH 01 ° 33' 14" EAST, 313.56 FEET; THENCE NORTH 68° 26' 46 .. WEST, 100.00 FEET TO THE TRUE POINT OF BEGINNING. 25 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT B Site Plan of Premises ,r---=--~SITE Pl.AN~ 26 of 40 July 7, 2020, Item #6Site Name: Danielson Sprint Site ID#: SD35XC107-A EXHIBIT C Site Plan of Antenna Facilities and Appurtenant Facilities (see attached) 27 of 40 July 7, 2020, Item #6.... co a .,. 0 VICINITY MAP DIQIU.S Ql0I( PAI.C: 1190 ...,.,,.. ---"""' ,_,. .. _ -----..... ~-(CIJIU1) 11.CMLJ'Wl•Sl.t.J'•,...i;~-DU-.r:s) UD'-"" -,-c_..unro -un--...--c, ... -.U) ,._"".._...,...._smmr..,..ao) 1--...-UJI ..... --flU ~ ___ ... .,...,.,.~ C..C!Pa1'_..__Qll,o-1U_,,._._._ --.. ~•-c .... -.n:, &.-.:£St7Jalt..O-__ ..,..ftlal',.....,. ......... ............. IDCY_,.{•n:nJ-~o,no..,.._,.._,,.._.,U.,.IIUS) 1lallD"l_..._.....-:t1Cl,.nn> ,_,..,a.o~snrn DRAWING NOTE --•----uaa,_. ......... _,.....,.,... __ IICCluMCT __ ___, --...... --~-----__. ..... ,.~. CA6976 DANIELSON RESERVOIR 14700 DANIELSON STREET POWAY, CA92064 CONSI.A.TANT TEAM .aaom:r, -•..-a~---~~--1YJlll;o ~u--o-)~• CNl)~C,All) LEGAL DESCRIPTION • ...,...nc...,.,,.,.--a••~ ........... 1,,.,...,...,.,11111111 ,IIUI. ... --..... -. •• Clalff ..... --... ., ~~,. .... -a.nu ~....n.-----•~ ---..., 1111[ ~ ~ .... ..,.a;.wr -..mar-o,-.:.-a __ :noa___,, __ _ ..-stUI.J' UC ...... _,,. _,.sri,• L IU'III 1tOU I.'--Sola~~..,,. ...... a.. --,__ M-=ir-eir»~1•1,,1:1oaffO)DlhCl...,......ICSI. -f'l:D: ,...a .-wsn,·--. ,.,. na .,. • ,... ........... ::::::t'--:m. ..... rm Dl .,_IICIU,. PROJECT SUMMARY ""9'UC.Uff: -nn ,_ COdD --. U!t •• ... --.~n:,n ~ ........ ~ (I,,) ____ OWNDt: C9'I -,-y .... _,. ,-Q.~..,.. OllllfM:T: ------ NCt.JCCl DCSCIIWTIOM: •----<-JOI:.), •PJ---~-----m,JIIC,l1DI •..--.a.£1,)cw...._~ •UJllillllllf,....~ •U)~~--IQ.OCJl,U, ........ Q1 111('9_,.,, .,u:i,......., •{IJ,....._u.ct •(1)....-::1.., 1111,J" •m.acaa:.,.....-,_ ____ ~- C....,IICIClll......-9C\XI elb0Ctanll.,_.Nl9W)ff~ e..uu. .. ,aa: •T ..,_ m ..... IICJD •alllllt------~ ............ ~_,....,..,,..,. ASSCSSOl'S PMICCL NUlftllDlt: ~--• --· _,.,.. LL<S[ ..... -- --- SHEET SCHEDULE l-J ffll.l:9UJA ...aa...u .,,_,.., J,-.:S •-• •-1 •-• •-• o-, _,_.,..,... ............ ----.... itaraa~ILM-SCNII -- 0-1 ..... APPUCABl.E CODES ~-..... ~--.nuo.c~CIIIKII: ~'lf•K--•CIDDt.lal.[k,.UCl!DI ,.._._,._,...-., .... Ql'IIOII ~~CCllll.--..CNOi ~~aat._, .. ._ c:.----.,--...,...,. ~OCSTC!al. .. 1-:.=: =-Of co,n,a, MS IICSI aa:aDIIC CGDI ACCESSIBLITY DISCLAIMER na-.crl••~~IIICI mmr ,_,..,....,.cw:•.-no, ~,_.bC:ca,..,·IIU'll'Mlff-NSl&fl ......a:1 •• ~ .... ..0.-a:aa~ E __ ,c;,,,us,.._ .... IO.....,toC cc-:cr-~~---... -. ~8- .1.a.c:,111cc1"11U :, IMGUO.UHI -a-. . . :: ,_,..W:D rat Sprint> tl'tl lo.I COl1U De[. Sl,II[ 150 SAN Da:gt CA f'2122 " .,,.,.,.;u "" ~ . ..;,---. ~ -~ ""' ~ .. ..;,--- ..,... ~ :: -PROJCCT NIJW&al CN!IJ76 1'11:0J[CT NA.liM: DANIELSON RESERVOIR 1-000 OAIUl.50N SlllttU PO'..,T,C.,. llOM CITY Of POll:A.T :, Ob."'8(; Cl,t.JCS .,..,... :S~1,_ ..,.,,.. .,,.,, . --·; ..,..,,, =:=: tll:/11/'IS ......,.. .-a._ • ..,..,,. , .. a.-,-=~= =-~., .,..,,, .-mt>....1o-> •/1.V,1 __ .., :: 5HW TITU" 1Tll.E SHEET & PIIOET ~TA :: -.i:n'\lp,W\__.,., = T-1 July 7, 2020, Item #6-.....rs ... ~ , . ...,.,CIIIQIIIOl'lD~ctQ.---.,._.._... 1tlllCII.OI ~ ~-... R:lllt ~ o, at mufflC l'UftS SM1U OCQa ,__ 10 ....cJC1 ~ °" ..... l. SIO' _, IV NOCUlli,IIID IQII ~ Ol -'U "°' Ml '-NII W'llClf10IU.1' M .,._ "-RD "'1ilOO =.c~11:-~-:.r en ,_ .....,,._ ,_ • CICINIIII.IC-. J. C.-:..U.KtMDllD,.,.__..UtaJIJJIIIQII ,,...__o:Mae•ICl'l~:roi-aa.ac ~IIIIQf,aSIIIOCJ.aC•-TR...._ ocaa • ·MKa--. _.,....«:D'l'I.OC ll:laa~ ..ci..r-«Ol'-~T'l!NICO.SOII MSIDCM.. CIT~'""-'.~ -0 ,on -~CDael-llt.td'Clll.a(IUJI ---- 2_'{§RALL SITE PLAN ~ ~-----=-- ..,......,_ _ _..,. ~&- .11..cMtUCtT.l• -IIICOAPOL<IUI ~ . . . . z :: 1"911:,.Nll:O f'Oft Sprint> llt l 10ft CDlTOI .W,. SL.ft[ 1$0 Viii Cll:GO.CA t2122 :: .....,,. .... -~ .. -....-.. ~ .. ~ ..,. -....-... ~ ..,.,. -....-:: :P1tOJCCT NUWIEJI CA8978 l'IIOJ£CT IUM£ DANIELSON REseRVOIR I '100 0oUCU0N S1ll[(l POWU, C4 120M Cf1Y OF POW.AT " ORA.W'MC QAl(S .,..,, . _,.L . ,..,,. == ·; -· CJ't..1/"19 ,_ . ..,.. .. ..,..,, . ._D.._-1 ..,..,,. ------· ..,..,,. HMB..,,._1-.,,,..,,. :.c:.p.) •IJV,9 ... at~•o-> .,..,.. II/Ur/19 __ .., = SHUT mu Oll9W.l SITE Pl.AH " NO,.l(Cl'l\s.,w\~!U u A-1 July 7, 2020, Item #6w 0 a "' 0 \ • ......... -- _,. t. NOl,,-JMCllll[SID.:WGD: ..-10n-....co,ono,iJ11 UICIIIONl.cM tmaC .-c10a1POCD.. D CT] n ENLARGED SITE PLAN DSC.-r'l'~Kr9Uf _,,.. ~ ....... • .,_,. -- /-.+------~!Clim. ~C00,11 ~ •-f'IUIIIDO-clllCl'.:l !----f--\-------C-.C ... ~ COCUI ,.,,,._ --~(Kl~IIOIC) ---~,._,. __ ,__ --... , . .a-..,.....,.. .............. ,_ 'tlt'IIIIIII-Clllll-.:na '------C--.C 0-. L• .caB ........... ______ .....,_ ~&- u.ouuc-,au: :: ltlCOUDMlH N!D'AMO roa Sprint> t11, 1o. conn Clrl'l. sun ,,o MIi cm::co. t4 c 1n ======= ...... ...-------...- ...------- "'""' ====n POOJCCl!Md(lt CA8978 -..CCT ._ DANIS.SON RESERVOIR 1000-OANICUCIN SDUl l'OI/AT. CA 92064 =======or ""'=="=== ========== SH[[T lTTl[ EM.AIICIED SITE Pl.AN ====.,==== ====n==== A-2 July 7, 2020, Item #6c., - / .,..:..y ,_.,.. "'"""'--:.:.=-10 ~----m I ........ -,. ....... ,_...,.._..,. DC.09.II. IIQ, -IIIDOCa t:--.cllDm.-n-.s ......... ........ _,. • CQ tu:H:111 T -- ~~TING ANTENNA PLANS ~ oc--c..-...... ""...-u ,,..CIIIIDCWUIJII~_,.(,)~ Ji .. (1)"'"'-"'lMn"'lllCll..-rtlll O'I 1ttmo-....... _,, L MK>\.~MO~.n:JI --•as~=----• ----___,..,.IO.IDDlll:JI. ~-=--:=-... ~,~ 0. mOCIID .. (,]Rmlll at"'I...-............. _ j .... .om.UD1Dlj Pfl0POSO) ...,_ -..,._ c,a.[ SCH!DUI£ -= Nft--1» ± --.. ~:j:::-=-::-r:t-==·=·'=•::-1. !lll.o::mlD ,,_._NII: IDMEI Clll c.l"IC __..__.Cl) 1 m;acaa._..c,,nr-.~ ... ---- , ... c,:nUIC,IJOI( --. u n---N..,---• ,, ___ .. --.... --QI, ,, ___ -..... ,_ ..,,. :::::~::: ...... 1 • .,,.,.,. ........... u-. ~f!_~POSED ANTENNA PLANS ~ -~&- u,ca1n-c111u :: lllCOI.IO.UfU ----. - " l'ttEJ'.UlO n:11 Sprint> 1111 lOW COttUI ~ $.Jft 1,0 ~ occ:a.. a n t.u :I _,.,.,.._. -...-.. ~ ., ...------...----- """ ...-----... ...- a,wr ~ C P.ICUCCT ,tl.JMIO CA8976 PIIOJCCl ._ DANIELSON RESERVOIR 141700 OAMCl..SON STRCEl "'1tlJ.'f, CA HOM Cf1'Y or f'OWJ.T I: ORAlftll; OAT[S ..,,.,. . =='L·; . ,.,. . .,.,. . ..,,.,,. ----JI aJ'tl/'llo ===! -· ..,,.,.. -----· .. ,_. NaC.Ool •fl•J't• _m.., ..,..,.. ~-:i:..~ ..,,..,, . -- 5HU1 mu ANTENNA Pl.ANS C ....u"TS\~--=,n " A-3 July 7, 2020, Item #6-----.KUICIUD ...... _,.. PSI-.LDffla• - r-r _,, I.__,.,. Dftllll ~ OCUIIIC. ~ ,ua,uamc..~LC.--.au. CM:111111.~lllmQIM~» EXISTING EQUIPMENT PLAN ----OICIC ocac.c, C.-..C ,_., .,,.__,, ~------ocu:s.,11: CIU tiCll1: t) ~---c--.c _, ClaoEJ 1D. ~ lO JOJ'D:. 9CLIO J '----~ l,cN •• ll:IDO 1 ~---------""""""' .,.,,. • l PSl9C osralllCII 101: 1llll.OCIOO) ~ ,..,..,,~ ~ N0PCl!lm ~ C..-.:t e: IDIIIRflG-.ic.a.c.T~ --- PROPOSED EQUIPMENT PLAN '9 ~& ,UC111HCTU, = lncc.tl)IU.t• --. . ~ ""°'~'°" Sprint:> 1111 l0IIII Cllf1D t1tWt.. SlStt. 1!10 5Uf m:oo, Cl l?IZJ :: _..._. ---. --.. -----..... --... --..,.., --:; PROJECT MUW8£II CA8976 l'OO.'[Cl ...., DANIB.SON RESERVOIR 1•100 OAMCl,.SON ST:'RE(1 l'OWAY, C.4 120M CllY or PO"O.r :: OU..Wl:NG 01.IU ._, . _,."--.. _,. =: ·1 .. _, . ..,..,,, ===~ .,..,,, ..,..,,. ..... • C'leOII• -· -·---· .,,..,,, :.:~(lid •tJ•J'I• -at~l(lo.) -· •.JtV'I• __ .., = SHCCT mu EOUPNEN'TPI.AN = ~'-"W\9lUIC:ln n A-4 July 7, 2020, Item #6w w 2. .,.. 0 SECTION A l I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L ____________________ , EXISTING FOUNDATION PLAN 'g ~& •-.O.UCIHt :: mc:01,011.,no -a-.. . . . ~ " Jl'RCJIAMD roa Sprint> 9111 101ft C01U OIM., StlTI 150 SAN QBQ. Cl fl1t:J " _,.,. -...---- " ...--- " ...-----.. ...----- "'"' ...----... ...-----..,_ ..- ti NQ,CC1 MIIMl:€1 CA6976 NOLCl ._ OANl8.SON RESERVOIR 14700 OANIEUON STJll[Cl ,.,,,,AT. CA t:1-064 an or POWAY " CfCAWi...-. 04Tts .,..,,. -nL = == ·1 -D~Z §5 .-111 ...... a ===: .,,..,,, :.c:."• G/S1/d :=c.~<-~ ~ .. -nmu EQUIPMENT FOUNDATION PI.Nt AND SECTION II .... ~., u A-4.1 July 7, 2020, Item #6~ ... -c,,::-:c-----------------------------~ -~ ...... -=-~----------------------------~ - q ! .......... ------------1-...:..:._:_'-__ ,.__ p == = = ;r:.10 ------t-----,n--------------+,f------ ~ ... __ ... ~-------+--+1--------------H----~~ ,._. ~ .... OIILI _. -------+--++--------------!--!------- EXISTING NORTH ELEVATION ------------- ~ ... -~ a.LKl'MffOIAOCII.Ol-..r alllDCS-OaDDI ' ... .. C.S.CCIIUlll~111C ..... 1-. p ~ ... O&I --------+--++--------------1--1------- .., .., ll ~ ..... .-GNM,l'IJll:IIICMl'IQ Ol~-------ll)a.Nl ~·~ ..., NI( 10,MQ -------+----------'""""""_j!_~,::: D'(I~ ... - PROPOSED NORTH ELEVATION ~&- ••cxintTUl '""""""'TO ---"" . . " ,tt{,Alt(O "°" Sprint), 1111 MWN com:Jr ta¥[. Sl,IJ'( 1.!0 S.ut•CO..CAtZU:t :: .....,,.,,... ---...--------. --...--------. --...-----------...-------- a,.. --...--------... ...- a,_ --...-------- " "'°"'CT,._,, CA8976 PROJECT KM« DANlaSON RESERVOIR 1"700rw«LSON Sl1lln F'O#JJ, CA 120M cm' Of ,VWJ.Y .. ca.o'INC. DATES ..,.,.. _,.L ..,,.,.. == ·1 ..,.,. . ..,,.,.. __ .....,, ..,,.,,, ===! .,,..,. . ..,.,.. -·C"-· .,_,, -Cit~ •"J'JVH =:~l(la) -· •.11VH ...,.....-...nllll.N .. SH[[T mu: B.EVATlONS :: P90atff\-....t\,O»-C'10:, n A-5 July 7, 2020, Item #6------------------------- ---------------4---' ··- ---"'IIICUIIUIOll10111hC ........... a, ~_,,JIil"( ---- ,__....,_..,. ________ -r- itf-----------""""""" 0, c...,,.. ~ EXISTING SOUTH ELEVATION PROPOSED SOUTH ELEVATION .U.OUUCTU( : lftCOUOIUrU 1111 I011t all'lm: -.,c. SLrtt u,e SM mco. CA n 1n ======== -------~: -;;;;;;-- """ --...----... ...------- :: PROJ[CT HUWltCJI CA8976 "°-1:tl JUJ,t£ DANIS.SON RESERVOIR 1.t700 ~ ST.-n l'OWU, CA 120'4 aTT 0( P0W'..A..T ========== CJAA.W:N<o 0,.1'(5 ======= SMUT nru ELEVATIONS ========= I========= A-6 July 7, 2020, Item #6Dll1IC .,., ...... ---------------------------------- :s:c..=----------------------------------- ----------------+------- ~.,-as ...... -------------!----------- -----------------1--------~ =====--~----------+---------H---,ft-----1 [.-.c --_ IDMt!D.,=-------------1f---------~~~----t·-r·~ = = ::::U .. :-°=-------------1----------------rT, Dl5'IIC ---~ 10. JIOOO taSllC .... a..: JO. IOOrlO-----------+----------------; EXISTING EAST ELEVATION ---NII IDAftl CIII IDCIC -ra-..~o, -------- DISac:...., ..rt.-.---------------if---------=::_-----l --ll---ll----U---ll------+-----------'"-·~~-"'!!!~ ~~-=~ 1----------+-------------------~~ ll;ll"Ql'"MO!an.,_. .. IJlsacMa,-----------------t----------' a -......... _-_-_-_-_-_-:_-_-_-_-_-_-_-_-_-_-_-_ ----1---------------------' PROPOSED EAST ELEVATION ~&- ,u auttcruc " lflCOllNl&tlf(I ---.. . . . :: NlCPAMO rotl Sprint), 1111 l'OWI& com.a tail[. SI.It{ U0 ,..,..,.Q).c,.,z,u :: .......,. ..... ---...----. --...-------...-------...---- a,.. ...----.... --...---- ..,,.. ...--:: PaOJCCT..__,, CA8976 l'IIOJCCTIW4 DANIS.SON RESERVOIR 1"1DO OAMCUON ST11lll POW.AY, CA 120"4 an or POWAY :: ORAlr.NCi D,AJES ..,.,.. -n,,__ ..,,.,.. == ·m ..,.,.. e:u°l:t/H _____ .. tll/1:t/'II :::=! ~: ......... ., =~: _,..., ..,..,.. =~~ ''""" .. SHUT ITTU aEVATIONS :: ..-:aA"Cff\~a:HClff a A-7 July 7, 2020, Item #6~-=---------------------------------------~ QIJae-1--.-U: ....... ---------------------------------, OdlN; ..r-1---. -------------1---------=,.__-- ..-c. ~--------------------1----------------------;::;---------tt--, ---1----------'"""""'-_!!_~ ____ s=. Olll'IIC-n\...:111•~ =--. -4IIICOQIID ~ a&. ,-COACD.OII.,_. ~-a..aca-..M l;macCD.Clltl-M.xJl'WK. EXISTING WEST ELEVATION ---~~MPS'9C .a1a1-.-.c,'J ------- ~1..-.u.-...---------------------------------, PROPOSED WEST ELEVATION IDl,l0QU ......... ,.,.. IDllml Ol~-all1--CI.) m.ociaa .. ('t)l'-"'--nPW" IIIIQAIUIIJ,09~ ----lf----------""'"'-'"'"-""M ~...-...-::: D"ar......o..-t"-. ~&- .o ouucr.., :: 111COU01Uu1 ... ~.--,._ -" ~ ======== P'ltll'ARl'.D roA Sprint> tlt J 109l( CUTtl ~ 51.11[ t50 ,... 01:CO. C4 fl1D ======== ............ ..,. -..;,-... -..;,- DftM -..;,-====r.==== PROJECT -..cJI CA8978 l'ftOJECT IUW[ DANIELSON RESERVOIR 14700 o.u«l.SO!i STREC1 f'OW"-'t, C,"-1'206,,I. cm Of' POWAY ========= ORAW-.JtC OAJU ..,..,.. •t>V<• ..,.,, . ..,..,,, m/11/U k,IU/lS ..,..,, . .,,..,.. ffl/ll./1S ..,..,, . . ,..,,. ======= SHCCJ mt( B..EVATIOHS ========== I===== ll ===== A-8 July 7, 2020, Item #6.., .., 2. .... 0 8 11 18 2 7 12 17 L JIOCICt.COIIII\.OlGIICUOCJ!ISD,O ~o..maQll.aa:.-arna .. ~ .-,IC'JUIO't, ~ .-naa:~ ... ----=-:--= ~ 10 --.oc,ff .... ~ -L,U«TM,.I. .... ..,_ • ...._...._ .cN1tca:ucacN:AUIDI .. IID.tlhe o,r~•~-...-Ol.lllO .......... -. .J,,. Al CIJIMGIIIS ICiOIIIDIIIC..s ......_ • CD"'IJI. '.at&.80,,ICl-lltl.DII..U-...U.•11 .-c:11 D.eCO'f'D: ........ Y/1' -.-. <IILL~ltkc:-CIIIN:I( ........ •...c:WMJUL& ). -.J,.4'1MO_...,.iaiicll:~-:-::o~=--.DCIIIIO'IIK. 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