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Los Angeles SMSA Limited Partnership DBA Verizon Wireless - FY2009-001-01
, FIRST AMENDMENT TO LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES This FIRST AMENDMENT TO LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES ("Amendment") by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation ("Licensor") and LOS ANGELES SMSA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS ("Licensee") is effective as of January 27, 2019 RECITALS A Licensor and Licensee entered into a "License Agreement for Wireless Telecommunications Antenna Facilities," which was fully executed as of June 7, 2010 (the "Agreement"), whereby Licensor granted Licensee a right to use a portion of Landlord's property located at 30359 Hawthorne Blvd , Rancho Palos Verdes, and commonly known as Robert E Ryan Community Park, as legally described on Exhibit A"to the Agreement B As set forth in Section 4(A) of the Agreement, the term of the Agreement was commensurate with the term of Conditional Use Permit No ZON2007-00243, approved by the City's Planning Commission on January 27, 2009, by P C Resolution No 2009-02 (the "Conditional Use Permit"), which was to expire on January 27, 2019 C As set forth in Section 4(B) of the Agreement, "[t]wo (2) years prior to the expiration of the term of the License Agreement on January 27, 2019, Licensee may request from the Planning Commission an extension of the Conditional Use Permit, as specified in Condition No 19 of Exhibit A that is attached to P C Resolution No 2009-02 " and " [i]f the Planning Commission grants the extension, then the term of this License may, upon Licensee's request and the approval of Licensor's City Council, be extended for a period commensurate with the extension of the Conditional Use Permit" D On or about February 8, 2018, Licensee applied for an extension of the Conditional Use Permit, as specified in Condition No 19 of Exhibit A to P C Resolution No 2009-02, and Licensor's Planning Commission approved the extension of the Conditional Use Permit on June 11, 2019, by issuance of Conditional Use Permit Case No PLCU20I8-0002 pursuant to the adoption of P C Resolution No 2019-11 (the "CUP Extension") E The term of the Conditional Use Permit, as extended by the CUP Extension, expires on January 27, 2029 (the"CUP Extension Expiration Date") F Licensor and Licensee now desire to extend the term of the Agreement, retroactive to January 27, 2019, commensurate with the CUP Extension, such that it will expire on the CUP Extension Expiration Date, pursuant to and in accordance with Section 4(B) of the Agreement, and to acknowledge and affirm the continuous and uninterrupted term of the Agreement commencing fiom the original commencement date of the Agreement and continuing until the CUP Extension Expiration Date 01203 0015/545042 3 TERMS 1 Recitals The foregoing recitals are true and correct, and are incorporated herein by reference 2 Extension of Term Section 4 of the Agreement is hereby amended to read in its entirety as follows (additions shown in bold italics, deletions shown in ctrikethrough) "4 TERM A The term of this License shall commence on the first day of the month after this License is fully executed (the "Commencement Date") and shall be commensurate with the term of the Conditional Use Permit, as extended by the CUP Extension (defined below), which will expire on January 27, 2019 January 27, 2029 (the "CUP Extension Expiration Date '9 This license is not revocable except in accordance with the terms of this Agreement B In addition to this License, the Licensee's Facilities are controlled by Conditional Use Permit Case No ZON2007-00243 (the "Conditional Use Permit") approved by the Planning Commission on January 27, 2009 by P C Resolution No 2009-02, as extended by Conditional Use Permit No PLCU2018-0002 (the "CUP Extension"), approved by Licensor's Planning Commission on June 11, 2019, pursuant to the adoption of P C Resolution No 2019-11 Two (2) years prior to the expiration of the term of this License on January 27, 2019 the CUP Extension Expiration Date, Licensee may request from the Planning Commission an further extension of the Conditional Use Permit, as specified in Condition No 1 20 of Exhibit A that is attached to P C Resolution No 2009-02 2019-11 Licensor agrees to reasonably cooperate with Licensee in applying for an further extension or renewal of the Conditional Use Permit If the Planning Commission grants the extension, then the term of this License may, upon Licensee's request and the approval by Licensor's City Council, be extended for a period commensurate with the further extension of the Conditional Use Permit" 3 Continuing Effect of Agreement Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement 4 Affirmation of Agreement, Warranty Re Absence of Defaults Lessor and Lessee each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation 01203 0015/545042 3 Lessee represents and warrants to Lessor that to the best of Lessee's current actual knowledge as of the date of Lessee's execution of this Amendment, Lessor is not in default of any material term of the Agreement and that theie have been no events that, with the passing of time or the giving of notice, of both,would constitute a material default under the Agreement Lessor represents and warrants to Lessee that to the best of Lessor's current actual knowledge, as of the date of Lessor's execution of this Amendment, Lessee is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 5 Memorandum of Amendment Upon request of Licensee, Licensor and Licenses will execute a memorandum of this Amendment, in form and substance reasonably satisfactory to the parties, and suitable for recording, provided however, that neither party hereto shall record this Amendment 6 Adequate Consideration The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment 7 Authority The persons executing this Amendment on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ti) they ate duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01203 0015/545042 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the dates set forth below, with express intent for this Amendment to be effective as of January 27, 2019 LICENSOR CITY OF RANCHO PALOS VERDES al , J .w1. . • ., ' ayor Date , 2019 AITEST mil--y ly lie+ orn, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP C%V William W Wyni� City Attorney LICENSEE LOS ANGELES SMSA LIMITED PARTNERSHIP, a California Limited Partnership, DBA VERIZON WIRELESS By AirTouch Cellular Inc , its General Partner By 414 Name .0 �• l• ,� Title _ L.A+,111 fk Date IY/2023 , NOTE LICENSEE'S SIGNATURES SHALL BE DULY NOTARIZED,AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO LICENSEE'S BUSINESS ENTITY 01203 0015/545042 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document COUNTY OF LOS ANGELES 1�° '{ flc+ lu- On , 2C before me,l-fel k - (4&4 personally appeared S Leo �,{,dctAb , proved to tale on the basis of satisfactory evidence to be the per n( whose names( are sub ribed to the within instrument and acknowledged to me that(g/she/they executed the same in hs/her/their authorized capacity( ), and that bxi /her/their signature 'on the instrument the person(,sror the entity upon behalf of which the person($) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foiegoing paiagiaph is true and con ect WITNESS my han fficial seal Signature /77' C OPTIONAL Though the data below is not requtied by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING SIGNER(S)OTHER THAN NAMED ABOVE (NAME OF PERSON(S)OR ENTITY(IES)) 01203 0015/545042 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO McGuireWoods LLP 1800 Century Park East, 8th Floor Los Angeles, California 90067 Attention Reena R Yuba Site Alta Vista DTT=SO(lease less than 35 years) (Space above this line for Recorder's use) MEMORANDUM OF FIRST AMENDMENT TO LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICA I IONS ANTENNA FACILITIES This Memorandum of First Amendment to License Agreement for Wifeless Telecommunications Antenna Facilities (the "Memorandum") is made as of the date of the latter signature below by and between the City of Rancho Palos Verdes, a municipal corporation ("Licensor") and Los Angeles SMSA Limited Partnership, a California limited partnership, dba Verizon Wireless ("Licensee") Licensor and Licensee entered into a License Agreement for Wireless Telecommunications Antenna Facilities(the"Agreement")which was fully executed as of June 7,2010,a Memorandum of which was recorded July 30, 2010 as Instrument No 20101053651 in the Official Records of the County Recorder's Office of Los Angeles County, California Licensor granted Licensee the right to use a portion of Licensor's property located at 30359 Hawthorne Boulevard,Rancho Palos Verdes, and commonly known as Robert E Ryan Community Park("Property") The Property is legally described on Exhibit A attached hereto Pursuant to an unrecorded First Amendment to License Agreement for Witeless Telecommunications Antenna Facilities dated , 2019, Licensor and Licensee have amended the Agreement to extend the term of the Agreement commensurate with the term of Conditional Use Permit Case No PLCU2018-0002,with an expiration date of Januar y 27, 2029 The terms and conditions of the Agreement, which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective successors, assigns, heirs and legal representatives of Licensoi and Licensee [signatui es on following page] 1 Alta Vista 119332216_1 IN WITNESS WHEREOF, Licensor and Licensee have caused this Memorandum to be duly executed on the date last written below LICENSOR CITY OF RANCHO PALOS VERDES : ••k ,Mayor V LICENSEE LOS ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON WIRELESS By AirTouch Cel r'- ,c , its General Partner I , By / Name *Nr‘- iA0 Title D "►' '!„e1woiG_ 2 Alta Vista 119332216_1 LICENSEE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness accuracy, of validity of that document STATE OF Caitccsf tP,t COUNTY OF OrQ,d1�D On k4&ud 114 Jo 2 o before me, .1,11 /2k4c a Notary Pub ic, personally appeared < � , who proved to me on the basis of satisfactory evidence to be the person(Owhose nam- tp, are subscribed to the within instrument and acknowledged to me that/shoe/they executed the same in a/her/their authorized capacity(), and that by(/her/their signature0 on the instrument the person, or the entity upon behalf of which the person(, acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal JIN K PARK N hIli! COMM #2161715 • NOTARY PUBIIGCALIFORNUI �7 C.— = To ORANGE COUNTY N Notar ' ' . ' MY COMM EXP AUG 28 2020 Place Notary Seal Above Alta Vista 119332216_1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r .'a..s.......a........v...+.As. .in.v..v.s..A s. a.w.c.r.c.•a.V%s.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California County of Los Rlcs On towcXi '4 1 2O?o before me, —.erca*: i4navev-a-1a(cuake� 0-4-1:17N Pdtvltc Date Here Insert Name and Title of the Officer personally appeared Jin CYktkshar,k— Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal iT Notary Cubl,c G1,tpma ; TERESAORIKAVERATAK`OKA 71 -41i Epy Angeles County cpmmiuwn a 1290614 My Comm EADIrec i.2` 2023 Signatur ' ta%. cciAtA, Signature of ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑Corporate Officer — Title(s) ❑Corporate Officer — Title(s) El Partner — El Limited ❑ General ❑ Partner — ❑ Limited ❑General El Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing L .d .yG.y.a,.a,.d.y .a.a.a,.a,.&'Ca,.y.a,.a, .d .a' .a,.a.y.a,.d .a,.a,•.a,.d .y.d•.d.d.a,.a.dG.y.a,.a,.a".a'.d.a,.a,.a.d. ©2016 National Notary Association • www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit A (Legal Description of the Property) THAT PORTION OF THAT CERTAIN PARCEL OF LAND IN LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO 51, RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO 1765, ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY WITHIN THE FOLLOWING DESCRIBED BOUNDARIES BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF SOUTH 85°24'03" WEST 564 22 FEET IN THE SOUTHERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND, THENCE SOUTH 85°24'03" WEST ALONG SAID SOUTHERLY BOUNDARY 564 22 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND, THENCE SOUTH 59°39'53" WEST ALONG SAID SOUTHEASTERLY BOUNDARY 354 48 FEET, THENCE NORTH 30°20'07" WEST 136 80 FEET, THENCE NORTH 49°14'30" EAST 277 24 FEET, THENCE NORTH 21 °42'50" EAST 243 26 FEET, THENCE NORTH 17°44'16" WEST 311 82 FEET, THENCE NORTH 61 '13'40" WEST 169 82 FEET TO A LINE PARALLEL WITH AND 80 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF NORTH 31 °15'08" EAST 57 05 FEET IN THE NORTHWESTERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND, THENCE NORTH 31 °15'08" EAST ALONG SAID PARALLEL LINE 57 05 FEET, THENCE NORTH 74°23'42" EAST 24 81 FEET TO THE NORTHERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND, THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE NORTHERLY, NORTHEASTERLY AND EASTERLY BOUNDARIES OF SAID CERTAIN PARCEL OF LAND TO THE POINT OF BEGINNING EXCEPTING THEREFROM UNTO THE COUNTY OF LOS ANGELES, ALL OIL, GAS, HYDROCARBON,OR OTHER MINERALS IN AND UNDER ABOVE DESCRIBED PARCEL OF LAND WITHOUT THE RIGHT OF SURFACE ENTRY FOR THE DEVELOPMENT THEREOF, AS RESERVED IN THE DEED RECORDED APRIL 27, 1982 AS INSTRUMENT NO 82-431558 OF OFFICIAL RECORDS Assessor's Parcel No 7588-018-901 Alta Vista I19332216_1 ACKNOWLEDGMENT The City of Rancho Palos Verdes ("Licensor") executed that certain License Agreement for Wireless Telecommunications Antenna Facilities ("Agreement"), between Licensor and Los Angeles SMSA Limited Partnership dba Verizon Wireless ('VZW'), regarding the installation of a communications facility on the Property (as defined in the Agreement). Licensor hereby authorizes VZW to modify the Agreement as follows: 1. Replace pages 4 and 5 of the Agreement with the pages 4 and 5 attached to this Acknowledgment as Exhibit A, and agrees that said pages 4 and 5 shall constitute pages 4 and 5 to the Agreement as though attached and incorporated into the Agreement as of the execution thereof by Licensor. LICENSOR: CITY OF RANCHO PALOS VERDES By: 4M-NetC Name: 14tOLJA) e/. Title: Date: "- c��� 1 0 Alta Vista 111367888.1 0 0 , EXHIBIT A • Alta Vista 111367888.1 D. Subject to the terms of this License,Licensee must not hinder the use of the Property by another service provider. Licensee may permit third parties to occupy space on facilities constructed by Licensee only with Licensor's prior written permission, which shall not be unreasonably withheld, conditioned or delayed. Licensee may not allow the use of space on any portion of the Premises which,in Licensor's reasonable opinion,will result in interference with Licensor's public safety operations, communications systems,microwave antennas, or other equipment at the Property. Licensee may charge a fee for the use by third parties of space on Licensee's Facilities under written agreements with those third parties. Copies of all agreements between Licensee and third parties must be provided to Licensor. For third-party co-locations situated entirely within the Premises (a"Sub-Use"), Licensee will pay Licensor fifty percent (50%)of the gross rental amount paid by the third party to Licensee(excluding only the amount charged to the third party to compensate Licensee for all or any portion of its construction and installation costs,including engineering and entitlement expenses). For third-party co-locations that require the use of City-owned property in addition to the Premises(a"Direct-Use"), Licensor will enter into a separate license agreement with the third party for those premises,the term of which will coincide with Licensee's License,and Licensor and Licensee shall each retain any and all rents received from such third party,subject to the provisions of this paragraph(D) Any third party seeking to co-locate with an existing licensee on the Premises,whether under a Sub-Use or a Direct-Use, will be required to comply with all of the Licensor's review procedures and to obtain all necessary approvals. E. Licensee's use of Licensee's Facilities is limited to the provision of wireless telecommunications services using wireless telecommunications antenna facilities. The term "wireless telecommunications services,"as used in this License,means the following:the transmission and reception of radio communications signals on various frequencies,and the construction,maintenance, operation and repair of related communications facilities. If other or different services are proposed to be provided by Licensee,the parties will meet and confer to determine whether those services may be authorized and, if so,whether any renegotiation and amendment of this License may be required. 4. TERM A. The term of this License shall commence on the first day of the month after this License is fully executed (the "Commencement Date") and shall be commensurate with the term of the Conditional Use Permit(defined below),which will expire on January 27,2019. This license is not revocable except in accordance with the terms of this Agreement. B. In addition to this License,the Licensee's Facilities are controlled by Conditional Use Permit Case No. Z0N2007-00243 ("Conditional Use Permit") approved by the Planning Commission on January 27,2009 by Resolution No. 2009-02. Two (2)years prior to the expiration of the term of this License on January 27, 2019,Licensee may request from the Planning Commission an extension of the Conditional Use Permit, as specified in Condition No. 19 of Exhibit A that is attached to Resolution No. 2009-02. Licensor agrees to reasonably cooperate with Licensee in applying for an extension or renewal of the Conditional Use Permit. If the Planning Commission grants the extension, then the term of this License may,upon Licensee's request and the approval by Licensor's City Council,be extended for a period commensurate with the extension of the Conditional Use Permit. Licensee Site Name:Alta Vista 4 5. LICENSE FEE A. The first annual license fee in the sum of Nineteen Thousand Two Hundred Dollars($19,200.00)will be paid to Licensor within thirty(30) days after this License is fully executed. Thereafter, Licensee will pay the annual license fee on or before each annual anniversary of the Commencement Date,commencing in 2011. All subsequent annual license fee payments will be adjusted as provided for in paragraph B below. Payment must be mailed to Department of Finance, 30940 Hawthorne Boulevard,Rancho Palos Verdes, California 90275. B. On each annual anniversary of the Commencement Date the annual license fee will be automatically increased by multiplying the annual license fee for the preceding year by three and one-half percent(3.5%). C. If Licensee fails to pay the annual license fee within twenty (20)days after the due date,the past-due license fee will bear interest from the date due until paid at the lesser of(i) twelve percent(12%)per annum,or(ii)the maximum rate permitted under California or federal law,if the twelve percent(12%)rate exceeds that maximum. D. If Licensee occupies the Premises for ten(10)years,then prior to the commencement of the tenth(10th)year (assuming an extension by the Planning Commission of the CUP),the parties will renegotiate the base annual license fee to reflect the then-current fair market rental rate of the Premises. Such fair market rental rate shall take into consideration all aspects of atypical transaction which bear upon the determination of rent and generally applicable conditions of tenancy with respect to recent transactions between non-affiliated parties from new tenants of comparable credit-worthiness,for comparable space(size, location etc.),for a comparable use for a comparable period of time. However, in no event will the annual license fee be less than it was in the immediately preceding year. If the parties cannot agree on a new base annual license fee,the matter will be submitted to a mutually-acceptable appraiser who is a Member of the Appraisal Institute for determination, which determination shall be limited solely to the issue of whether Licensor's or Licensee's proposed fair market rental rate is the closest to the actual fair market rental rate as determined by such appraiser. E. Upon the expiration or other termination of this License, Licensee must peacefully vacate the Premises and leave them in as good condition as the same were on the Commencement Date, except for reasonable wear and tear and damage not caused by Licensee. If Licensee fails to remove all of its facilities and equipment from the Premises within sixty(60) days after expiration or earlier termination of the term,Licensor may,after five(5) days' prior written notice to Licensee, remove the same. Any such removal will be without any liability to Licensor for any damage to such equipment or facilities that may result from Licensor's reasonable efforts of removal. Licensee must pay to Licensor, within thirty(30)days after receipt of Licensor's demand, including supporting documents, all reasonable costs incurred by Licensor in removing and storing such equipment and facilities prior to their retrieval by Licensee. Licensor has no obligation to store such equipment and facilities, and Licensee will have no claim if Licensor destroys any equipment or facilities that are not removed by Licensee. Notwithstanding the foregoing, Licensor shall retain the New Light Standard and Licensee shall not be required to remove same. Licensee shall leave the New Light Standard in good condition, except for reasonable wear and tear and damage not caused by Licensee; provided however, Licensee Site Name:Alta Vista 5 ' r4 CITY OF RANCHO PALOS VERDES LOS ANGELES COUNTY, CALIFORNIA LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES THIS LICENSE AGREEMENT FOR WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES ("License"), effective as of the date specified below in Section 34, is entered into by the CITY OF RANCHO PALOS VERDES, a municipal corporation ("Licensor"), and Los Angeles SMSA Limited Partnership, a California limited partnership, dba Verizon Wireless ("Licensee"). RECITALS: A. Licensee seeks to construct, operate and maintain a wireless telecommunications facility consisting of radio transmitting and receiving antennas, together with other associated electronic equipment, in connection with its wireless communications business as needed to expand and to improve its wireless telecommunications service. B. Licensor desires to improve services available to the public,to enhance communications systems within the City of Rancho Palos Verdes ("City"), and to augment its revenues by making City properties available for wireless communications infrastructure in a manner that is consistent with other public uses of its property. C. Licensee acknowledges that City properties can provide desirable locations for the placement of antenna sites if the cost is competitive and the process for the approval of sites is expedited. D. Licensor has determined to make certain of its properties available to wireless communications companies, on a fair and equitable basis, for use as antenna sites. THE PARTIES AGREE AS FOLLOWS: 1. THE PARTIES AND REQUIRED NOTICES A. The parties to this License, and their designated representatives, are as follows: Licensor: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Designated Representative: City Manager Licensee Site Name:Alta Vista 1 0 • . Licensee: Los Angeles SMSA Limited Partnership dba Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate B. Any notice required to be given under the provisions of this License must be in writing and may be delivered personally,by overnight delivery service, or by certified or registered mail with postage prepaid and return receipt requested, addressed to the other party as set forth above in paragraph A. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 2. PREMISES AND LICENSEE'S FACILITIES A. The interests in Licensor's property,both real and personal, that are subject to this License consist of the following: 1. (a) A portion of Licensor's unimproved real property located within the Robert E. Ryan Community Park in the City of Rancho Palos Verdes, Los Angeles County, California(the"Property"), the legal description of which is set forth in EXHIBIT A attached hereto and incorporated by this reference. The location and dimensions of the portion to be licensed to Licensee are delineated on the site plans (the"Project Documents") attached as EXHIBIT B and incorporated by this reference. (b) Specifically, Licensee shall have the right to use a parcel of ground space containing approximately two hundred fifty(250) square feet for the construction, operation, maintenance and repair of a wireless telecommunications facility, including the installation of an emergency generator and an equipment shelter and additional ground space sufficient for a light standard to be installed by Licensee. 2. Easements for ingress, egress, access, and utilities required by the Licensee to construct, install, operate,maintain, repair, or replace the wireless telecommunications facility referenced below in paragraph C, are described in the attached EXHIBIT C and made a part hereof by this reference. B. The portions of the real property described above in paragraph A that are subject to this License are collectively referred to as the"Premises." C. The wireless telecommunications facility and appurtenant improvements to be constructed or installed by Licensee on the Premises are more fully described in the attached EXHIBIT B and are collectively referred to in this License as "Licensee's Facilities." Licensee's Facilities must be constructed or installed in compliance with P.C. Resolution No. 2009-02 (the "Resolution") authorizing Conditional Use Permit Case No. ZON2007-00243 (the"CUP"), a copy of which is set forth in the attached EXHIBIT D and incorporated by this reference. D. The parties agree that Licensee, at Licensee's sole cost and expense, will: (i) remove an existing light standard approximately thirty feet (30') in height located on the Property(the "Existing Light Standard"); and (ii) construct a new functional light standard not to Licensee Site Name:Alta Vista 2 0 0 exceed a maximum of thirty feet (30') in height (the"New Light Standard"), and upon which Licensee will install its antennas. E. In connection with construction of the New Light Standrd, Licensee will remove and dismantle the Existing Light Standard, which removal shall be contingent upon Licensee obtaining all necessary certificates,permits and other approvals that may be required by any federal, state or local authorities in connection with such removal. Licensee shall dismantle or shall cause the Existing Light Standard to be dismantled and disposed of in a professional, good and workmanlike manner and in accordance with all applicable laws and regulations. Licensor shall cooperate with Licensee with regard to such dismantling, removal and disposal of the Existing Light Standard. 3. LICENSEE'S USE OF THE PREMISES A. The Premises are authorized to be used by Licensee for any lawful activity in connection with the provision of wireless telecommunications services, including, without limitation, the transmission and reception of radio communication signals on various frequencies, and the construction, operation,maintenance and repair of Licensee's Facilities described in EXHIBIT B. Licensee's use of the Premises must comply with all conditions imposed by the Resolution, the CUP, and all applicable ordinances, laws, and regulations of any governmental entity having jurisdiction to regulate that use. B. Prior to the due date of the first annual license fee payment, as specified in Section S.A. below, Licensee must apply for and obtain all licenses, permits, and approvals required by all governmental agencies (collectively, the "Governmental Approvals") for Licensee's intended use of the Premises. Licensor will, at no expense to Licensor, cooperate with Licensee in providing such information concerning this License and in executing any applications or other documents as may reasonably be requested in Licensee's efforts to obtain the Governmental Approvals. It is understood and agreed that Licensee's ability to use the Premises is contingent upon its obtaining, after the execution of this License, all of the Governmental Approvals, as well as satisfactory soil boring tests, which will permit Licensee to use the Premises as set forth above. C. Licensee has the right to construct, operate, maintain, and repair on the Premises the Licensee's Facilities that are described in EXHIBIT B. Licensee acknowledges that it is the policy of Licensor to encourage, whenever possible,the co-location of wireless telecommunications antenna facilities on both City-owned property and privately-owned property. If there is unused space on Licensee's Facilities, Licensee agrees to make such excess space available to other wireless telecommunications service providers,provided that joint use of the support structure is technically feasible and such joint use does not measurably interfere with Licensee's Facilities as provided in Section 12 below. Licensee shall determine, in Licensee's reasonable but sole, good faith discretion, if any such joint use and co-location is not technically feasible or will measurably interfere with Licensee's Facilities. Licensee will provide to Licensor, in writing, the basis for any such determination. If the co-location of facilities on any support structure subject to this License is determined to be technically feasible, appropriate amendments will be made to this License to accommodate that co-location of facilities, including adjustments in the annual license fee payable by Licensee. Licensee Site Name:Alta Vista 3 • 111 D. Subject to the terms of this License, Licensee must not hinder the use of the Property by another service provider. Licensee may permit third parties to occupy space on facilities constructed by Licensee only with Licensor's prior written permission, which shall not be unreasonably withheld, conditioned or delayed. Licensee may not allow the use of space on any portion of the Premises which, in Licensor's reasonable opinion, will result in interference with Licensor's public safety operations, communications systems, microwave antennas, or other equipment at the Property. Licensee may charge a fee for the use by third parties of space on Licensee's Facilities under written agreements with those third parties. Copies of all agreements between Licensee and third parties must be provided to Licensor. For third-party co-locations situated entirely within the Premises (a"Sub-Use"), Licensee will pay Licensor fifty percent (50%) of the gross rental amount paid by the third party to Licensee (excluding only the amount charged to the third party to compensate Licensee for all or any portion of its construction and installation costs, including engineering and entitlement expenses). For third-party co-locations that require the use of City-owned property in addition to the Premises (a"Direct-Use"), Licensor will enter into a separate license agreement with the third party for those premises, the term of which will coincide with Licensee's License, and Licensor and Licensee shall each retain any and all rents received from such third party, subject to the provisions of this paragraph (D) Any third party seeking to co-locate with an existing licensee on the Premises, whether under a Sub-Use or a Direct-Use, will be required to comply with all of the Licensor's review procedures and to obtain all necessary approvals. E. Licensee's use of Licensee's Facilities is limited to the provision of wireless telecommunications services using wireless telecommunications antenna facilities. The term "wireless telecommunications services," as used in this License, means the following: the transmission and reception of radio communications signals on various frequencies, and the construction, maintenance, operation and repair of related communications facilities. If other or different services are proposed to be provided by Licensee, the parties will meet and confer to determine whether those services may be authorized and, if so, whether any renegotiation and amendment of this License may be required. 4. TERM A. The term of this License shall commence on the first day of the month after this License is fully executed (the "Commencement Date") and shall be commensurate with the term of the Conditional Use Permit(defined below), which will expire on January 27, 2019. This license is not revocable except in accordance with the terms of this Agreement. B. In addition to this License, the Licensee's Facilities are controlled by Conditional Use Permit Case No. ZON2007-00243 ("Conditional Use Permit") approved by the Planning Commission on January 27, 2009 by Resolution No. 2009-02. Two (2) years prior to the expiration of the term of this License on January 27, 2019, Licensee may request from the Planning Commission an extension of the Conditional Use Permit, as specified in Condition No. 19 of Exhibit A that is attached to Resolution No. 2009-02. Licensor agrees to reasonably cooperate with Licensee in applying for an extension or renewal of the Conditional Use Permit. If the Planning Commission grants the extension, then the term of this License may, upon Licensee's request and the approval by Licensor's City Council, be extended for a period commensurate with the extension of the Conditional Use Permit. Licensee Site Name:Alta Vista 4 • 5. LICENSE FEE A. The first annual license fee in the sum of Nineteen Thousand Two Hundred Dollars ($19,200.00) will be paid to Licensor within thirty (30) days after this License is fully executed. Thereafter, Licensee will pay the annual license fee on or before each annual anniversary of the Commencement Date, commencing in 2011. All subsequent annual license fee payments will be adjusted as provided for in paragraph B below. Payment must be mailed to Department of Finance, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. B. On each annual anniversary of the Commencement Date the annual license fee will be automatically increased by multiplying the annual license fee for the preceding year by three and one-half percent (3.5%). C. If Licensee fails to pay the annual license fee within twenty (20) days after the due date, the past-due license fee will bear interest from the date due until paid at the lesser of(i) twelve percent (12%) per annum, or(ii) the maximum rate permitted under California or federal law, if the twelve percent (12%) rate exceeds that maximum. D. If Licensee occupies the Premises for ten (10) years, then prior to the commencement of the tenth(10th) year (assuming an extension by the Planning Commission of the CUP), the parties will renegotiate the base annual license fee to reflect the then-current fair market rental rate of the Premises. Such fair market rental rate shall take into consideration all aspects of a typical transaction which bear upon the determination of rent and generally applicable conditions of tenancy with respect to recent transactions between non-affiliated parties from new tenants of comparable credit-worthiness, for comparable space (size, location etc.), for a comparable use for a comparable period of time. However, in no event will the annual license fee be less than it was in the immediately preceding year. If the parties cannot agree on a new base annual license fee, the matter will be submitted to a mutually-acceptable appraiser who is a Member of the Appraisal Institute for determination, which determination shall be limited solely to the issue of whether Licensor's or Licensee's proposed fair market rental rate is the closest to the actual fair market rental rate as determined by such appraiser. E. Upon the expiration or other termination of this License, Licensee must peacefully vacate the Premises and leave them in as good condition as the same were on the Commencement Date, except for reasonable wear and tear and damage not caused by Licensee. If Licensee fails to remove all of its facilities and equipment from the Premises within sixty(60) days after expiration or earlier termination of the term, Licensor may, after five (5) days' prior written notice to Licensee, remove the same. Any such removal will be without any liability to Licensor for any damage to such equipment or facilities that may result from Licensor's reasonable efforts of removal. Licensee must pay to Licensor, within thirty (30) days after receipt of Licensor's demand, including supporting documents, all reasonable costs incurred by Licensor in removing and storing such equipment and facilities prior to their retrieval by Licensee. Licensor has no obligation to store such equipment and facilities, and Licensee will have no claim if Licensor destroys any equipment or facilities that are not removed by Licensee. Notwithstanding the foregoing, Licensor shall retain the New Light Standard and Licensee shall not be required to remove same. Licensee shall leave the New Light Standard in good condition, except for reasonable wear and tear and damage not caused by Licensee; provided however, Licensee Site Name:Alta Vista 5 • Licensor acknowledges and agrees that Licensee makes no representation or warranty with respect to Licensor's continued use of the New Light Standard for any particular purpose. Licensee shall execute a bill of sale in favor of Licensor, transfering ownership of the New Light Standard and thereafter, Licensee shall have no further liability for the New Light Standard. If Licensee continues in possession of the Premises after the termination of this License, whether the termination occurs by lapse of time or otherwise, such holding over,unless otherwise agreed to by Licensor in writing, will constitute and be construed as a tenancy at will. The monthly license fee for that tenancy will be equal to twelve and one-half percent (12.5%) of the annual license fee paid during the preceding year and will be subject to all other terms of this License, including the annual percentage increase. 6. TAXES AND ASSESSMENTS Licensee must pay all taxes, including any possessory interest taxes, and other fees and assessments that are directly attributable to Licensee's use of the Premises and Licensee's Facilities constructed by Licensee on the Premises. 7. UTILITIES Licensee has the right, at Licensee's sole cost and expense, to install utilities on the Premises, and to bring utilities across Licensor's adjacent real property, in order to service the Premises and Licensee's Facilities, subject to Licensor's approval of proposed utility routes and the manner of installation, which approval will not be unreasonably withheld, conditioned or delayed. Licensee must obtain electrical power directly from Licensor's established power source and timely pay for all utilities furnished to the Premises. Licensee must pay for the installation of a separate meter. 8. ACCESS FOR INSPECTIONS, CONSTRUCTION, AND MAINTENANCE A. At any time following the execution of this License and prior to the due date of the first annual license fee payment as provided for above in Section S.A., Licensee has the right to enter the Premises for the purpose of conducting inspections, environmental reviews, engineering surveys, soil tests, and any other tests (collectively"Tests")that Licensee deems desirable to determine the suitability of the Premises for Licensee's Facilities and for the purpose of preparing for the construction of Licensee's Facilities. During any Tests or preconstruction work, Licensee will have insurance coverage as required by Section 15 below. Licensee will notify Licensor of any proposed Tests or preconstruction work and will coordinate the scheduling of same with Licensor. If, prior to the due date of the first annual license fee payment, Licensee determines that the Premises are unsuitable for Licensee's intended use, then Licensee may elect to terminate this License on not less than thirty(30) days' prior written notice to Licensor. Based upon these rights of access, inspection, and termination afforded to Licensee, Licensor makes no representations or warranties concerning the presence of hazardous materials, hazardous substances, or hazardous wastes on or near the Premises. Notwithstanding the foregoing, Licensor warrants that, to the best of Licensor's knowledge, no such materials, substances, or wastes exist on or near the Premises as of the Commencement Date of this License. Licensee Site Name:Alta Vista 6 0 • . B. In connection with the construction, operation,maintenance and repair of Licensee's Facilities, Licensee has the right to do all work necessary to prepare the Premises for the construction and installation of Licensee's Facilities, including the installation of utility lines and transmission lines connecting antennas to transmitters and receivers. This work will be performed between 7:00 a.m. and 7:00 p.m., Monday through Saturday; provided however, that any emergency maintenance work Licensee desires to perform after the foregoing hours may be performed with Licensor's prior consent, which such consent shall not be unreasonably withheld, conditioned or delayed. Licensee may perform emergency repairs on a 24-hour basis; provided however, that Licensee and Licensor will agree upon the use of keys and/or locks with regard to access during hours when the gate to the parking lot is locked. All of Licensee's construction and installation work will be performed at Licensee's sole expense, in a good and workmanlike manner using materials of first-class quality, in compliance with approved plans and specifications, and in accordance with all applicable governmental permits, laws, ordinances, and regulations. C. Licensor will provide access to the Premises to Licensee, its employees, agents, contractors and subcontractors as provided in Subsection B above at no charge to Licensee. Licensor represents that it has full rights of ingress to and egress from the Premises from a public roadway, and Licensor grants those rights to Licensee to the extent required to construct, install, operate, maintain, and repair Licensee's Facilities on the Premises. Licensee's exercise of these rights must not cause undue inconvenience to Licensor in connection with Licensor's operations at the Property. D. Licensor will maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to provide Licensee with access. Licensor is responsible for maintaining these roadways, at its sole expense, except for any damage caused by Licensee's use of these roadways, which damage must be repaired by Licensee as soon as reasonably possible. 9. CONDITIONS FOR CONSTRUCTION OF LICENSEE'S FACILITIES A. Licensee must provide to Licensor detailed plans of the proposed initial construction of Licensee's Facilities, and such other information as may be reasonably required in writing by Licensor's authorized representatives, in accordance with the Conditions of Approval attached to the Resolution. In the event Licensor does not either(i) object to the plans in writing or(ii) furnish Licensee with written approval, within ten(10)business days of the date of submission of the plans, Licensee shall re-submit such plans to Licensor with a notation that such plans are being re-submitted for Licensor's review and approval. Should Licensor fail to respond to Licensee within five (5)business days after such re-sumittal, Licensor's approval shall be deemed given. When the plans are resubmitted, Licensee contemporaneously shall deliver a letter to the City Manager stating that the plans have been resubmitted and that they will be deemed approved by the City within five (5)business days, if the City does not respond to the resubmittal within that five (5)business day period. All work to be done by Licensee must be performed in accordance with the approved plans unless otherwise approved in writing by Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. B. Licensee will, at its sole expense, construct Licensee's Facilities and will pay to the Licensor all costs incurred by Licensor in connection with that construction, including, Licensee Site Name:Alta Vista 7 0 0 without limitation, costs and fees for building permits, plan checking, inspections, water used for construction, and any repairs made by Licensor due to any damage caused by Licensee's construction activities. Licensee shall be responsible for any damage caused by Licensee's construction activities, including but not limited to, damage to the public rights-of-way, private property, streets, existing utilities, curbs, gutters and sidewalks. Licensee will pay Licensor any costs reasonably incurred by Licensor in connection with such damage, and will complete the restoration or repair of any damage caused by the construction within thirty(30) days from the date of written notice from Licensor. C. Licensee's installation, and any subsequent alteration, of Licensee's Facilities must comply with all applicable local, state, and federal laws and regulations, including applicable construction standards and uniform codes. During construction, Licensee must perform all work in such a manner as not to unreasonably interfere with services provided at the Property by Licensor or by any pre-existing third parties. D. It is Licensee's responsibility to verify the location of all existing utilities at the Property. Licensee must exercise due caution to ensure that underground irrigation systems, electrical systems, and other utilities are not damaged during construction. Licensor shall provide Licensee with any information in Licensor's possession regarding the location of these systems and utilities. During any authorized excavation at the Property, appropriate techniques must be employed to reasonably safeguard all existing utilities and underground facilities, including contacts with Underground Service Alert. E. Licensee may, at its sole expense, contract with a third party("Contractor") for the construction of Licensee's Facilities. Any such Contractor must construct Licensee's Facilities in accordance with the terms of this License. Notwithstanding any contractual arrangement that Licensee may enter into with a Contractor, Licensee shall remain responsible for compliance with the terms of this License. F. Licensee must keep the Premises free from all liens and stop notices arising from any work performed,materials furnished, or obligations incurred by or at the request of Licensee with respect to the Property. If any lien or stop notice is filed against the Premises as a result of the acts or omissions of Licensee, or Licensee's employees, agents, or contractors, Licensee must discharge,bond, or otherwise secure the same to Licensor's reasonable satisfaction within thirty (30) days after Licensee has notice that the lien or stop notice has been filed. If Licensee fails to commence steps to discharge,bond or secure any lien or stop notice within such 30-day period, then, in addition to any other right or remedy, Licensor may, at its election, upon five days' prior written notice to Licensee, discharge the lien or stop notice by either paying the amount claimed to be due, or obtaining the discharge by deposit with a court or a title company, or by bonding. Licensee must reimburse Licensor within thirty(30) days after receipt of Licensor's demand, including-supporting documentation, any amount so paid by Licensor to discharge or satisfy any lien or stop notice, and all reasonable attorneys' fees and other legal expenses of Licensor incurred in defending any action or in obtaining the discharge of such lien, together with all reasonable disbursements. Licensee Site Name:Alta Vista 8 II 0 10. MAINTENANCE OF LICENSEE'S FACILITIES During the term of this License, Licensee must, at its sole cost and expense, maintain the Premises and all improvements in good condition and repair, ordinary wear and tear excepted, and in compliance with all applicable laws, rules, ordinances, orders, and regulations of(i) federal, state, county and municipal governmental agencies having jurisdiction over Licensee's operations at the Property, and their respective departments,bureaus, and officials; and (ii) all insurance companies insuring all or part of the Premises, or the improvements thereon, or both. 11. TITLE AND QUIET ENJOYMENT A. Title to Licensee's Facilities placed on the Premises will be held by Licensee, and Licensee's Facilities will not be deemed to be fixtures. Licensee must remove all of Licensee's Facilities at its sole expense on or before the time periods provided for in Paragraph 5.E of this License, and restore the Premises to their original condition, except for ordinary wear and tear and casualty not caused by Licensee. B. At all times during the term of this License, Licensee's quiet enjoyment of the Premises will not be disturbed so long as Licensee is not in default beyond the expiration of any applicable cure period. C. Licensor represents to Licensee that (i) it has good and unencumbered title to the Premises, free and clear of any liens or mortgages, except those disclosed to Licensee that will not interfere with Licensee's intended use of the Premises; and (ii) execution and performance of this License will not violate any laws, ordinances, or covenants, or the provisions of any mortgage, lease, or other agreement binding on Licensor. 12. INTERFERENCE A. Except as authorized by this License, Licensee must not use the Premises in any manner that materially interferes with the Licensor's use of adjacent real property, or with lessees and licensees of Licensor at the Property having rights prior in time to the date of this License. Specifically, Licensee's Facilities must not materially disturb the communications configurations, equipment, or frequencies existing on Licensor's real property on the Commencement Date, and Licensee's Facilities must comply with all noninterference rules of the Federal Communications Commission. B. After the Commencement Date, Licensor will not authorize the use of any portion of the Property in a manner that materially interferes with the wireless telecommunications services provided by Licensee's Facilities, as described above in Section 3. Any such material interference with Licensee's wireless telecommunications services may be deemed a material breach by Licensor, and Licensor will be responsible for the prompt termination of that interference. In addition to its other remedies, Licensee may elect to terminate this License on not less than thirty(30) days prior written notice to Licensor. Licensee Site Name:Alta Vista 9 13. REMOVAL OF LESSEE'S FACILITIES If all or any portion of Licensee's Facilities are no longer in service, Licensee must notify Licensor within thirty(30) days after such service ceases and must promptly remove those Facilities at its own expense, in the manner set forth in Section 5.E of this License. A security deposit equal to the license fee for one month will be paid to Licensor by Licensee to secure this obligation. This security deposit will be paid to Licensor with the first annual license fee payment. 14. INDEMNIFICATION A. Licensee will indemnify, defend, and hold Licensor harmless from and against any and all claims, actions, damages, liability and expense(including reasonable attorneys' fees, costs and disbursements) in connection with the loss of life, personal injury, or damage to property, to the extent attributable to or arising out of: (i) the equipment that Licensee installs on Licensor's Property and Licensee's Facilities; (ii) any occurrence in, upon or at the Premises, or elsewhere on the Property, to the extent caused by the negligent or willful misconduct of Licensee, or its employees, agents, or contractors; (iii) any occurrence occasioned by the violation of any law, regulation or ordinance by Licensee or its agents, employees, or contractors; or(iv) Licensee's default under this License. Licensee shall not be liable for any damage or any actions to the extent attributable to or arising out of the negligent or willful misconduct of Licensor, or its employees, agents or contractors. The provisions of this Section 14.A. will survive the expiration or termination of this License with respect to any damage, personal injury, or death that occurs before such expiration or termination. B. Licensee specifically agrees to indemnify, defend, and hold Licensor, its officers, agents, and employees, harmless from all claims or injury or damage to the extent arising from Licensee's operation of its equipment at the Property, except to the extent caused by the gross negligence or willful misconduct of Licensor or its agents, employees and contractors. Licensee agrees to comply with all EMF levels established by the Federal Communications Commission, or any federal agency which is the successor thereof. 15. INSURANCE A. Licensee must obtain and maintain during the term of this License, at its own cost and expense,the following insurance: 1. "All Risk"insurance for Licensee's property located at the Premises. 2. Commercial general liability insurance having a minimum limit of liability of$5,000,000 for each injury or death arising out of one occurrence and $5,000,000 for damage to property from any one occurrence, or $5,000,000 combined single limit coverage for bodily injury and property damage. These required limits may be satisfied by a combination of primary and umbrella coverage. 3. A comprehensive automobile liability insurance policy with limits of not less than $3,000,000 per occurrence; Licensee Site Name:Alta Vista 10 0 lb B. Licensee must maintain the insurance policies required in paragraph A above during the term of this License. The commercial general liability insurance policy must name the Licensor, its officers and employees, as additional insureds. Each policy of insurance must provide primary coverage on an occurrence basis as relates to Licensee's negligence and be issued by a company admitted in California and rated at least"A-"in the latest Best's Insurance Guide. Each policy must provide that it will not be canceled without at least thirty(30) days' prior written notice to Licensor(with ten (10) days notice for non-payment). Each policy must also provide that if Licensor, or its officers or employees,have other insurance against loss covered by Licensee's policy, the Licensor's insurance will be solely excess insurance, as relates to Licensee's operations. C. Licensee must comply with all State requirements relating to Workers' Compensation Insurance and provide it to Licensee's employees. D. Licensee will obtain and maintain during the term of this License Employer's Liability Insurance having a limit of not less than $1,000,000 for each accident. E. Licensee must file Certificates of Insurance with the Licensor, in a form reasonably satisfactory to Licensor's City Attorney, evidencing the insurance coverage required by this Section 15, prior to Licensee's exercise of any rights under Section 8 above. F. Licensee has the right to self-insure with respect to any of the insurance requirements referenced above, subject to the approval of the Licensor's City Attorney. The required limits may be satisfied by a combination of primary and umbrella policies. G. In no event will either party be liable to the other, or any of their respective agents, representatives, employees, for any lost revenue, lost profits, loss of technology, rights or services, incidental,punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 16. FORCE MAJEURE If either Licensor or Licensee is delayed in or prevented from the performance of any act required hereunder by reason of acts of God, governmental restrictions,regulations or controls, or by any other cause that is without fault and beyond the control of the party obligated (excluding financial incapacity), then the performance of that act will be excused for the period of the delay, and the period for the performance of that act will be extended for a period equivalent to the period of that delay. Nothing in this Section will excuse Licensee from the timely payment of any license fees, taxes, insurance premiums, or any other charges that are required of Licensee. 17. DEFAULT BY LICENSEE The occurrence of any one or more of the following events constitutes an event of default and breach of this License by Licensee: (i) The abandonment (as defined by California law) of the Premises by Licensee; (ii) The failure by Licensee to make any payment of the license fee or any other payment required to be made by Licensee hereunder, as and when due, where that Licensee Site Name:Alta Vista 11 failure continues for a period of five (5)business days after written notice is sent by Licensor to Licensee; (iii) The failure by Licensee to observe or perform any of the covenants, conditions or provisions of this License to be observed or performed by the Licensee, other than described in subsection (ii), where that failure continues for a period of thirty(30) days after written notice thereof by Licensor to Licensee; provided, however, that if the nature of Licensee's default is such that more than thirty(30) days are reasonably required for its cure, then Licensee will not be deemed to be in default if Licensee commences that cure within the 30-day period and thereafter diligently prosecutes that cure to completion; (iv) The making by Licensee of any general assignment or general arrangement for the benefit of creditors; or unless prohibited by Bankruptcy Law or other paramount law, the filing by or against Licensee of a petition to have Licensee adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against Licensee, the same is dismissed within sixty(60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this License, where possession is not restored to Licensee within thirty(30) days; or the attachment, execution or other judicial seizure of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this License, where that seizure is not discharged within thirty(30) days. 18. REMEDIES ON DEFAULT BY LICENSEE Upon any default or breach by Licensee as referenced in Section 17 above, Licensor may at any time thereafter, in its sole discretion, with written notice and without limiting Licensor in the exercise of a right or remedy which Licensor may have by reason of that default or breach: (i) Terminate Licensee's right to possession of the Premises by any lawful means, in which case this License will terminate and Licensee will immediately surrender possession of the Premises to Licensor; or(ii)pursue any other remedy now or hereafter available to Licensor under the laws or judicial decisions of the State of California. In the event that Licensor terminates the License, Licensor shall be entitled to recover from Licensee all damages reasonably incurred by Licensor by reason of Licensee's default including,but not limited to, the cost of recovering and relicensing the Premises, any reasonably necessary renovation and alteration of the Premises, and reasonable attorney's fees. 19. LICENSEE'S REMEDIES AND LIMITED TERMINATION RIGHTS A. Licensor will not be in default unless Licensor fails to perform obligations required of Licensor within thirty(30) days after written notice by Licensee to Licensor specifying wherein Licensor has failed to perform such obligation; provided, however, that if the nature of Licensor's obligation is such that more than thirty(30) days are required for performance, then Licensor will not be in default if Licensor commences performance within that 30-day period and thereafter diligently prosecutes the same to completion. Except as provided in Sections 8.A, 11.B, 12.B, 19.B, 19.C, and 21 of this License, Licensee has no right to terminate this License as a result of Licensor's default, and Licensee's remedies are limited to damages or an injunction, or both. B. Upon thirty(30) days prior written notice to Licensor, Licensee may terminate this License without further liability at the following times or under the following circumstances: Licensee Site Name:Alta Vista 12 (i)prior to the due date of the first annual license fee payment, for any reason or for no reason, provided that Licensee timely delivers to Licensor its written notice of termination; or(ii) if Licensee, is unable to obtain or maintain all Govermental Aprpovals required for the continued operation of Licensee's Facilities. Upon any termination by Licensee under subparagraph (i) above, Licensor will be entitled to retain any deposit or fee previously paid by Licensee as compensation for costs and expenses incurred in negotiating and preparing this License Agreement or processing any application therefor. Upon any termination by Licensee under subparagraph (ii) above, Licensor will be entitled to retain any prepaid annual license fee as liquidated damages for early termination, but only if the loss of any Governmental Approval is a result of Licensee's failure to comply with the requirements of same. C. Additionally, this License may be terminated by Licensee as follows: 1. upon thirty(30) days written notice by Licensee if the Premises or Licensee's Facilities become unacceptable under Licensee's design or engineering specifications for its facilities or the communications system to which the facilities belong. 2. immediately upon written notice by Licensee if the Premises or Licensee's Facilities are destroyed or damaged so as, in Licensee's reasonable judgment, to substantially and adversely affect the continued use of Licensee's Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Licensee shall be entitled to the pro rata reimbursement of any license fees prepaid by Licensee. If Licensee elects to continue this License, then all prepaid license fees shall abate on a pro rata basis until the Premises or Licensee's Facilities, or both, are restored to the condition existing immediately prior to such damage or destruction; or 3. upon thirty(30) days written notice by Licensee if Licensee determines that the Premises or Licensee's Facilities are inappropriate or unnecessary for Licensee's operations due to economic reasons. D. If Licensee terminates this License under either subparagraph (1) or(3) of paragraph C above, then Licensee must pay to Licensor, as liquidated damages, a termination fee in an amount equivalent to three (3)months of the then-current annual license fee. E. Upon any termination by Licensee authorized under Sections 8.A, 11.B, 12.B, 19.B, 19.C, or 21, the written notice of termination sent to Licensor by Licensee must be accompanied by a release and reconveyance of all of Licensee's interest in the Property. 20. PROHIBITED USES A. The following activities are prohibited on the Premises: 1. Unlawful use or storage of any hazardous substance or hazardous chemical, as those terms are used in CERCLA [42 U.S.C. §9601 (14)] or SARA [42 U.S.C. §110211 (e)] or any similar federal or state law, or any pesticide, petroleum product, or fuel; except materials that are packaged and purchased for consumer use in containers not exceeding one gallon, or fuel in a vehicle fuel tank. Use of pesticides must be minimized, and may be applied only by authorized personnel and in accordance with all applicable laws, regulations, and Licensee Site Name:Alta Vista 13 0 0 label instructions. All aerial applications are prohibited. Back-up generators, and the storage of fuel for those generators, will only be allowed if specifically authorized in this License. 2. Accumulation, storage, treatment, or disposal of any waste material, excepting only temporary storage, not to exceed fourteen (14) days, of non-hazardous solid waste generated by activities on the Premises for pick up by municipal or licensed commercial refuse service, and lawful use of sanitary sewers, if any, for domestic sewage. 3. Maintenance of equipment (excluding communications equipment and back-up power sources, such as batteries and generators, operated pursuant to this License, or vehicles), the installation or construction of vessels, tanks (stationary or mobile), dikes, sumps, or ponds, and any activity for which a license or permit is required from any government agency for(1)transportation, storage, treatment, or disposal of any waste, or(2) discharge of any pollutant, including but not limited to, discharge to air or to water or sewer systems. B. Any spill attributable to Licensee's equipment or Facilities that results in a release of a hazardous material to the air, soil, surface water, or groundwater in violation of applicable law must be immediately reported to Licensor, as well as to appropriate government agencies. Any such spill must be promptly cleaned up and the Premises (including soils, surface water, and groundwater) restored to its condition as it existed immediately prior to such spill or release, all in accordance with applicable law. C. If Licensee desires to use pesticides on the Premises (either herbicides, rodenticide, or insecticides),then all applicable Environmental Protection Agency(EPA) standards must be met, and prior approval must be received from Licensor. Licensor reserves the right to disapprove the use of any pesticide. Licensee must obtain all required county, state or federal permits, and must comply with all conditions of those permits. Licensee must submit to the Licensor a copy of all such permits. D. Licensor and Licensee each represent and agree that they will not use, generate, store or dispose of any hazardous substance on, under, about or within the Property in violation of any law or regulation. Licensor and Licensee each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and costs (including reasonable attorneys' fees and costs) arising from any breach of representation or agreement contained in this paragraph. 21. EMINENT DOMAIN A. If all or any part of the Premises is taken or appropriated by any authority under the power of eminent domain, either party has the right, at its option, within sixty(60) days after that taking, to terminate this License upon thirty (30) days' prior written notice. If neither party elects to terminate as herein provided, the license fee thereafter to be paid will be equitably reduced. In the event of any taking or appropriation, Licensor is entitled to all awards or settlements that may be given (other than awards for the taking of Licensee's Facilities or other personal property), and Licensee will have no claim against Licensor for the value of any unexpired term of this License. Licensee Site Name:Alta Vista 14 • B. As of the Commencement Date of this License, Licensor represents to Licensee that it has no knowledge of any governmental agency that intends to exercise its power of eminent domain for any public project that would prevent Licensee from using the Premises as contemplated by this License. 22. WAIVER Failure on the part of either party to enforce any provision of this License may not be construed as a waiver of the right to compel enforcement of that provision, or any other provision. 23. LICENSOR'S CONSENT OR APPROVAL Neither Licensor's execution of this License nor any consent or approval given by Licensor under this License in its capacity as Licensor will waive, abridge, impair, or otherwise affect Licensor's powers and duties as a governmental entity. Any requirements under this License that Licensee obtain consents or approvals of Licensor shall be in addition to, and not in lieu of, any requirements of law that Licensee obtain any required approvals or permits; provided, however,that Licensor will endeavor to coordinate its procedures for giving contractual and governmental approvals so that Licensee's requests and applications are not unreasonably denied or delayed. 24. BROKERS If either party is represented by a real estate broker in the negotiation or consummation of this License, that fact has been disclosed to the other party, and the party using that broker is solely responsible for any fee due the broker and will hold the other party harmless from any claims from that broker for commissions or other compensation. 25. SUCCESSORS AND ASSIGNS This License is binding upon and inures to the benefit of each of the parties and their authorized successors, assigns, and transferees. 26. PARTIAL INVALIDITY Any provision of this License that may be determined to be invalid, void, or illegal will in no way affect, impair or invalidate any other provisions of the License, and those other provisions will remain in full force and effect. 27. ENTIRE AGREEMENT This License constitutes the entire agreement between the parties relating to its subject matter. There are no representations, agreements, or understandings, whether oral or written, between the parties relating to the subject matter of this License that are not fully expressed in this License. This License is deemed to be equally drafted by both parties. Licensee Site Name:Alta Vista 15 4110 0 28. MODIFICATION A. This License may be modified only by a writing signed by both parties. B. This License is subject to such changes or modifications as may be required or authorized by any regulatory commission in the exercise of its lawful jurisdiction. 29. GOVERNING LAW AND ATTORNEYS' FEES A. Any disputes regarding this License will be resolved according to the laws of the State of California. Any legal proceedings will be initiated in the courts of the County of Los Angeles, State of California, irrespective of any other possible jurisdictional venues. B. The prevailing party in any action brought to enforce the terms of this License, or in any action arising out of this License, may recover from the other party the costs and reasonable attorneys' fees incurred in that action. C. Licensee must comply with all applicable federal, state, and local laws and regulations, including, without limitation, all applicable laws and regulations relating to environmental protection, such as statutes or ordinances pertaining to noise, fire, hazardous wastes, traffic, visual impacts, and storm water runoff. 30. ASSIGNMENT AND SUBLETTING This Agreement is personal to Licensee. Except as hereinafter provided, Licensee may not, without Licensor's prior written consent, which consent may not be unreasonably withheld, conditioned, or delayed, assign or otherwise transfer this License or Licensee's interest in the Premises or any part thereof. Notwithstanding the foregoing, Licensee may assign this License, or Licensee's interest in the Premises or any part thereof, without Licensor's consent, to any business entity that (i) controls, or is controlled by, or is under common control with Licensee, or (ii) is merged or consolidated with Licensee or purchases a majority or controlling interest in the assets of Licensee in the market defined by the Federal Communications Commission in which the Property is located. Licensor may assign this License, or convey its interest in the Premises or any part thereof, provided that the assignee assumes responsibility for the performance of all of the terms and conditions to be performed by Licensor under this License. Such assumption of responsibility must be evidenced by a written document that is filed with the Licensor within thirty(30) days after any authorized assignment, a copy of which will be transmitted to the Licensee. 31. MEMORANDUM OF LICENSE Upon request of the Licensee, Licensor and Licensee will execute and have acknowledged a memorandum of license, in form and substance reasonably satisfactory to legal counsel for the respective parties, and suitable for recording. Licensee will bear the cost of all recording charges associated with recording all documents required or authorized to be recorded under this License. Licensee Site Name:Alta Vista 16 32. FURTHER DOCUMENTS From and after the Commencement Date of this License, each of the parties will execute, acknowledge, and deliver, or cause to be executed, acknowledged and delivered, within a reasonable period of time, all instruments or documents that may reasonably be requested by the other party to carry out the purpose and intent of this License. 33. AUTHORITY Licensor and Licensee each represent that the persons executing this License on their behalf have full power and authority to execute this License, and that each entity executing this License is duly authorized to enter into this License. 34. EFFECTIVE DATE OF THE LICENSE This License will be deemed effective as of the Commencement Date, as specified in Section 4.A., on the date that it is executed by a duly authorized officer or employee of the Licensor, it being the intention of the parties that Licensee will first execute this License and thereafter submit it to Licensor. Two fully executed counterparts will be transmitted by Licensor to Licensee. [Signatures begin on next page] Licensee Site Name:Alta Vista 17 TO EFFECTUATE THIS LICENSE, the parties have caused this License to be executed by their duly authorized representatives as of the dates set forth below their respective signatures. ATTEST: "LICENSOR" CITY OF RANCHO PALOS VERDES C444taiie- eltati dIP St At City Cler By Title /L1AYa.2J Date q / - oci APPROVED AS TO FORM: City Attorney "LICENSEE" Los Angeles SMSA Limited Partnership, a California limited partnership, dba Verizon Wireless By: AirTouch Cellular, its General Partner Name: alter . t -s, Jr. Title: Area Vi je Pre ident Network Date Co i o Licensee Site Name:Alta Vista 18 0 . EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY AND DESIGNATED PORTION OF THE PROPERTY SUBJECT TO THE LICENSE The area shown as the"Premises" on the Site Diagram attached as Exhibit B is legally described as follows: [See Attached] Licensee Site Name:Alta Vista 19 410 • Exhibit A LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF THAT CERTAIN PARCEL OF LAND IN LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO. 51,RECORDED IN BOOK 1,PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES,RECORDED AS DOCUMENT NO. 1765,ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY WITHIN THE FOLLOWING DESCRIBED BOUNDARIES: BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF SOUTH 85°24'03" WEST 564.22 FEET IN THE SOUTHERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND; THENCE SOUTH 85°24'03" WEST ALONG SAID SOUTHERLY BOUNDARY 564.22 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND; THENCE SOUTH 59°39'53" WEST ALONG SAID SOUTHEASTERLY BOUNDARY 354.48 FEET; THENCE NORTH 30°20'07" WEST 136.80 FEET; THENCE NORTH 49°14'30" EAST 277.24 FEET; THENCE NORTH 21°42'50" EAST 243.26 FEET; THENCE NORTH 17°44'16" WEST 311.82 FEET; THENCE NORTH 61°13'40" WEST 169.82 FEET TO A LINE PARALLEL WITH AND 80 FEET SOUTHEASTERLY,MEASURED AT RIGHT ANGLES,FROM THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF NORTH 31°15'08" EAST 57.05 FEET IN THE NORTHWESTERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND; THENCE NORTH 31°15'08" EAST ALONG SAID PARALLEL LINE 57.05 FEET; THENCE NORTH 74°23'42" EAST 24.81 FEET TO THE NORTHERLY BOUNDARY OF SAID CERTAIN PARCEL OF LAND; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE NORTHERLY,NORTHEASTERLY AND EASTERLY BOUNDARIES OF SAID CERTAIN PARCEL OF LAND TO THE POINT OF BEGINNING. EXCEPTING THEREFROM UNTO THE COUNTY OF LOS ANGELES,ALL OIL, GAS, HYDROCARBON, OR OTHER MINERALS IN AND UNDER ABOVE DESCRIBED PARCEL OF LAND WITHOUT THE RIGHT OF SURFACE ENTRY FOR THE DEVELOPMENT THEREOF,AS RESERVED IN THE DEED RECORDED APRIL 27, 1982 AS INSTRUMENT NO. 82-431558 OF OFFICIAL RECORDS. Assessor's Parcel No: 7588-018-901 Alta Vista \9721702.1 0 0 EXHIBIT B PROJECT DOCUMENTS [See Attached] Licensee Site Name:Alta Vista 20 /. ,..., r....„..: ,t,:..._ r / / i I -I/ - . 11.-11k 11 1/ /4 !g9!lilli- ?, -It a I it i ---_ Plill.IS / /1 1 4 , :':,: , ,..,, 1 4?:- ii . f. Ellii!ig 1$ ....,._ / -st. , ,# „. 1 .-.~,- i:1 If4 -, Li i 1 --.1 ,7 4 . , / -ii _ f li ,/,'; i _..4 --. -:1111 -11-11s-.-'' ._ -.,.--11_ cr SIE / / \II,k'1,—-ffiv.4.,, 0 I*3 1 1—g :- -- ( i i /1111 ' 6 ,11./ # . .. _, , ,' aibt;','','..'''''lit / Ifill ' ' ' ---. , , \ .{.„,.. ., ,„,,,,,4, ....... ,....., ,, 3. 0 • . / / / i . , .. Af 4.——— ——..... ), 1 :lila 41.%10/4‘./1 ...-..,.,,,. * , /4 ° 11 // lliN fb ' k: a / 4,17 /,/ 1 St 41-LT ii / 0 -':,., p h N • r : fk 0 ,.i. . • iiiI _:.,tf, NORTH SITE PLAN SCALE:N.T.S. DATE: Aug.6,2009 SITE NAME: ALTA VISTA rA C.R. CARNEY ARCHITECTS 12841 Newport Avenue Tustin,California 92780 SITE ADDRESS: ALTA VISTA Ph.714.885.9500 Fax 714.865.9501 30359 HAWTHORNE BLVD. RANCHO PALOS VERDES,CA 90275 ,...„,...,,,,........................,,,,,,...,,,... ti sir no,it i tag!,01 111/!E ..................... 400..... ..........4.al. 410, , It!lifl ...../...,„-...„,......,.... i„ i EIltpt 1 1 , f 0 i 1 •- _1. iffootricjim irtap......0001.1.......or ll g i i 1 I if E li 1 11 i t I 1 1 -....N.• _ S 1 X ,....glig 111 il li ,„4.,....,,A...„...... .... ,....r.-,„„._1 , 1 . ..... 1 ; 1 61- i IP • i‘ I ... : , -,,..._.,, . glipi 1, 1 % 6 6. '$ , 1 117 4%,•,,,,.:--WOO- ', II - ,,f0 li.• 1 : ••:iiii.:1...._$:„..:_mh:ivii sl.:.;00.071, 1 , , , ‘ ‘ , , , , „,„,,,, „,,, , , '4'4;4;' I ', I'm : , 1 I ' d" 2 . , . L'k:i. 1 I % 1 3? i ' . '. .' i 1 t, , -r-7----._7--—_ ' . 1 1 ,. k , .. ''.......---- ,.. 1---_ _:- ___,L_', • - \ .... ......••• ...... ...•... S gr N, 11 It 1 i 1 t4:::i447' 11 A 1. r 1 III 4.7:0 1 - !I •1 1 I I , '.."7'..,:''''C.:.:: 1,I . kaiir 1 t ,----- 1 , lir ;!:) ' 1 Filith '''''1 \___________ ,, , y ,i ,. ,,,,,. ,. i , . , . .,, 'illy 6 ! = if d _ I li ' x ' - I m_ ,,, III ivl to 1 --, 81lb 11 ,c;:7‘;,; ''',, ..,' 111 11 3 1 t , E . --It-f*:7=.=, s 70/4,,i''. , ,,./ei...-• ---.0,,,,Nt , .-, ,,.,: . --;f/A-.: I 1 ' -./Jiie: ENLARGED SITE PLAN 11: 14 ka scALE:N.T.S. . d, . i . , i - AMA. $44. • .11 1 1 1 ALTA VISTA "Ph".C714ARNEYITE cNrport NORTH A 11500 665 iforn;?79272141:80.7.95078 SITE NAME: 30359 HAWTHORNS DATE: Aug.6,2009 SITE ADDRESS: RANCHO PALOSBLVD. VERDES,CA 90275 0 • EXHIBIT C EASEMENTS The easements for ingress, egress, access and utilities required by the Licensee are described as follows: [See Attached] Licensee Site Name:Alta Vista 21 • • PROPOSED VERIZON WIRELESS ACCESS EASEMENT: THOSE PORTIONS OF LOT 53 OF TRACT NO. 32673, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECORDED IN BOOK 875, PAGES 60 THROUGH 62, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO. 51, RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1765, ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTIONS ARE DESCRIBED AS FOLLOWS: A STRIP OF LAND 12 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 53 OF SAID TRACT NO. 32673, SAID CORNER BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 41'49'03" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'14'31" AN ARC DISTANCE OF 29.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTH 36'35'29" WEST, A DISTANCE OF 16.58 FEET TO A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'53'36", AN ARC DISTANCE OF 17.99 FEET; THENCE, SOUTH 49'18'07" EAST, A DISTANCE OF 42.01 FEET; THENCE, SOUTH 58'06'16" EAST, A DISTANCE OF 113.33 FEET; THENCE, SOUTH 66'28'35" EAST, A DISTANCE OF 116.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8721'28", AN ARC DISTANCE OF 15.25 FEET; THENCE, SOUTH 20'52'54" WEST, A DISTANCE OF 21.85 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A". THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT ALL ANGLE POINTS AND THE PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 53 AND SOUTHERLY AT A LINE BEARING NORTH 69'07'06" WEST. TOGETHER WITH A STRIP OF LAND 3 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE, SOUTH 69'07'06" EAST, A DISTANCE OF 4.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE, SOUTH 20'52'54" WEST, A DISTANCE OF 1.79 FEET; THENCE, NORTH 68'09'38" WEST, A DISTANCE LA OF 25.28 FEET; THENCE, SOUTH 31'14'06" WEST, A DISTANCE Q /l0 OF 3.37 FEET. COH4<> THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR ti� SHORTENED TO TERMINATE AT ALL ANGLE POINTS AND AT POINT 0 _,� "A" BY A LINE BEARING NORTH 69'07'06" WEST. CC c Q No. 72p x3 SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD OR RENEWACIade_ APPARENT. ALL AS SHOWN IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. OF C A .- THIS DOCUMENT, CONSISTING OF 9 SHEETS, WAS MADE BY ME OR UNDER MY SUPERVISION. tirjors.-- BERT HAZE P.L.S. 7211 DATE e ) 69 1 SSUED FOR REVIEW 06/04/09 CWW RLV. # j DESCRIPTION DATE BY PROPOSED VERIZON EASEMENTS PREPARED FORPREPARED BY: SHEET ALTA VISTA B._.1R ANDT Na ASH ASSOCIATES OF 9 SHEETS - - LAND SURVEYING & MAPPING 30359 HAWTHORNE BLVD veriMawireless 3188 AIRWAY AVE., SUITE K-1 DRAWN: 06/04/99 RANCHO PALOS VERDOS, CA COSTA MESA, CALIFORNIA 92625 BY: CWW Southern California 714 557-1567 OFFICE CHECKED: BH/Ii90275 15505 Sand Canyon Ave Irvine.CA 92618 714 557-1568 FAX - JN. 510.006 • PROPOSED VERIZON WIRELESS POWER AND TELCO EASEMENT: A STRIP OF LAND, 1 FOOT IN WIDTH, OVER LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO. 51, RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1765, ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 53 OF SAID TRACT NO. 32673, SAID CORNER BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 41'49'03" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'14'31" AN ARC DISTANCE OF 29.35 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTH 36'35'29" WEST, A DISTANCE OF 16.58 FEET TO A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'53'36", AN ARC DISTANCE OF 17.99 FEET; THENCE, SOUTH 49'18'07" EAST, A DISTANCE OF 42.01 FEET; THENCE, SOUTH 58'06'16" EAST, A DISTANCE OF 113.33 FEET; THENCE, SOUTH 66'28'35" EAST, A DISTANCE OF 7.85 FEET; THENCE, NORTH 23'31'25" EAST A DISTANCE OF 15.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE, SOUTH 18'51'03" WEST A DISTANCE OF 29.21 FEET; THENCE, SOUTH 64'59'49" EAST A DISTANCE OF 71.49 FEET; THENCE, SOUTH 22'32'01" WEST A DISTANCE OF 19.17 FEET. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT ALL ANGLE POINTS AND SOUTHWESTERLY BY A LINE BEARING NORTH 58'45'54" WEST. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD OR APPARENT. AS SHOWN IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. NV LAN° (P 0:1/41' H4<><< 4 '\ Icc1It- -4-- 0 o. 72 1 R NEWAL 1 c r 0 , ,_ - t aF CAS 1 ISSUED FOR REVIEW 08/04/091 CWW REV. # DESCRIPTION - DATE 1 S PROPOSED VERIZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET ALTA VISTA AND ASSOCIATES OF 9 SHEETS LAND SURVEYING & MAPPING 30359 HAWTHORNE BLVD r �� �wireless 3188 AIRWAY AVE., SUITE K-1 DRAWN: 08/04/09 RANCHO PALOS VERDOS, CA COSTA MESA, CAUFORNIA 92626 8Y: CWW Southern California 714 557-1567 OFFICE CHECKED: BH/JA 90275 15505 Sand Canyu,Ave. Irvine CA 92618 714 557--1568 FAX ------�-- -- JN. 510.006 • PROPOSED VERIZON WIRELESS TELCO EASEMENT: A STRIP OF LAND, 1 FOOT IN WIDTH, OVER LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO. 51, RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1765, ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 53 OF SAID TRACT NO. 32673, SAID CORNER BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 41'49'03" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'14'31" AN ARC DISTANCE OF 29.35 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTH 36'35'29" WEST, A DISTANCE OF 16.58 FEET TO A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'53'36", AN ARC DISTANCE OF 17.99 FEET; THENCE, SOUTH 49'18'07" EAST, A DISTANCE OF 42.01 FEET; THENCE, SOUTH 58'06'16" EAST, A DISTANCE OF 113.33 FEET; THENCE, SOUTH 66'28'35" EAST, A DISTANCE OF 3.25 FEET; THENCE, NORTH 23'31'25" EAST A DISTANCE OF 13.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE, SOUTH 64'48'41" EAST A DISTANCE OF 14.07 FEET; THENCE, SOUTH 22'50'04" WEST A DISTANCE OF 26.78 FEET. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT ALL ANGLE POINTS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD OR APPARENT. AS SHOWN IN EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. LAND /,o s T 4 G cc Q RENEW 31 v CP (*(69 oF CAA"' I ISSUED r OR REVIEW 08/04/0 CWW I r• REV. # I DESCRIRT!ON DATE L PROPOSED VERIZON EASEMENTS PREPARED FOR: 'REPARED BY: SHEET ALTA VISTA BERT ASS AND ASSOCIATES CF'1'/ LAND SURVEYING & MAPPING g " Ts 30359 HAWTHORNE BLVD V �n wirI les 3188 AIRWAY AVE., SUITE K—r DRAWN: oe/o 9 RANCHO PALOS VERDOS, CA COSTA MESA. CALIFORNIA 92626 BY: CWW Southern California 714 557-1567 OFFICE CHECKED: BH/JA 90275 15505 Sand Canyur Ave Irvine,CA 92618 714 557-1568 FAX JN. 510.006 PROPOSED VERIZON WIRELESS COAX EASEMENT: A STRIP OF LAND, 1.5 FEET IN WIDTH, OVER LOTS 77 AND 84, IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON LOS ANGELES COUNTY ASSESSOR'S MAP NO. 51, RECORDED IN BOOK 1, PAGE 1, OF ASSESSOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL A IN DEED TO COUNTY OF LOS ANGELES, RECORDED AS DOCUMENT NO. 1765, ON JANUARY 31, 1958, IN OFFICIAL RECORDS BOOK 56460, PAGE 324, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 53 OF SAID TRACT NO. 32673, SAID CORNER BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 41'49'03" WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'14'31", AN ARC DISTANCE OF 29.35 FEET; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT 53, SOUTH 36'35'29" WEST, A DISTANCE OF 16.58 FEET TO A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 12.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'53'36", AN ARC DISTANCE OF 17.99 FEET; THENCE, SOUTH 49'18'07" EAST, A DISTANCE OF 42.01 FEET; THENCE, SOUTH 58'06'16" EAST, A DISTANCE OF 113.33 FEET; THENCE, SOUTH 66'28'35" EAST, A DISTANCE OF 116.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87'21'28", AN ARC DISTANCE OF 15.25 FEET; THENCE, SOUTH 20'52'54" WEST, A DISTANCE OF 21.85 FEET; THENCE, NORTH 78'21'32" WEST, A DISTANCE OF 27.18 TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 31'14'06" EAST, A DISTANCE OF 12.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79'47'46", AN ARC DISTANCE OF 2.79 FEET; THENCE, SOUTH 68'58'09" EAST, A DISTANCE OF 195.88 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'51'52", AN ARC DISTANCE OF 3.14 FEET; THENCE, SOUTH 20'53'43" WEST, A DISTANCE OF 15.75 FEET. THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT ALL ANGLE POINTS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD OR APPARENT. AS SHOWN IN EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF. � LAND 4.6-1 e ;F.) •..ice_ c__ No. 7211 RENEWAL3aILLQ, d 8ket4 -9 F cM ISSUED FOR REVIEW 08/04/09 CWW REV. # DESCRIPTION DATE BY PROPOSED VERJZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET ALTA VISTA -=� -' NAZI' AND ASSOCIATES OF 9 SHEETS veri �'hwir�less LAND SURVEYING 6c MAPPING 30359 HA'11THORNE BLVD 3188 AIRWAY AVE., SUITE K-1 DRAWN: 08/04/09 RANCHO PALOS VERDOS, CA COSTA MESA, CALIFORNIA 92626 BY: CWW Southern California 714 557-1567 OFFICE CHECKED: 9H/JA 90275 15505 Sand Cariyor+Ave irviw CA 92618 714 557-1568 FAX -- JN. 510.005 0 0 EXHIBIT "A" / (PROPOSED VERIZON ACCESS ESMT.) N LA �D P.O.C. 4 �,/ DUPRE (.:\Aill. 4. tDRIVE i\T H4 & d N40'17'20"E <« '9G.'' '. L=29.35' ....4 fN. R=750.00' .� 0 D=02'14'31" N [1' 0.4. No. 7211 I Do N., lel __, RENEWALS -31 li T.P.0,8. '� % Bio 41 ' 12' STRIP -1> e ,,-,‘ N, ,,,,, `,A6., cm.\v• 1 ('''' 6/ 4)..,, ... -''''00-' 4%4, ), \\gN, .C.S1 r,:s):;4'4.,'.‘5'IT.n •06.--- . 4) 49 ----,,. . 0 4,./ 4,4,...‘ .\,:p.", (cN / „. -C.6.? • 6. �, f✓/, %, .\ 1 L!, 0_ 6b N.-7)6>,,, ..& 4 7--> *b.„: .,,,,, ' -- *N4; 6N5,-'.-/.. •..1.,,, _ ,.._ zi, -.,_ -,_____ _____k______ ca -<. ,.., , i -...„. ,..... c----1 / •-,- - . , -„.., / 7,::'------, .... / ---=-- ?4,.., 1---, SCALE: 1"•401 / f'do.A.? '''''''"7 Vi:-...:"-• s3/4- ,s �s�. � `�f`' . /1 ,/\., ...A, /\ C lvi P No, {-5-.1 .;> AM J / J SEE INSERT / ~' HEREON FOR o'' POR, LOT 'f DETAIL .....W...... ____ - _ T- 12. / S31'14'06"w p0 ~+�. i/ 3.37' 4/ /.../....V69.0..,, 4 N / 06.,' ' T.P.0.B. i /.,,,:" ,t68.09 .1c/ 3' STRIP LI / ' '2— '81.1/ ` $"y' ----- •Priir ,,. SEE SHEET 9 FOR LEGEND .2. 569.07106"EAND LINE/CURVE TABLES 4.50' 520'52'54"W -___:_H__�_� _ �_____ � I. SCALE: 1"- 10' 1.79 -ii-JE-6--FOR REVIEW 08/04/09 CWW --' '- REV, # DESCRIPTION DATE BY PROPOSED VERIZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET ALTA VISTA -=� A N D ASSOCIATES �.._ o _ LAND SURVEYING & MAPPING OF SHEETS 30359 HA'WTHORNE BLVD ver, na wireless 318$ AIRWAY AVE., SUITE —1DRAWN: 08/04/09 RANCHO PALOS VERDO , CA COSTA DESA, CALIFORNIA 92626 BY; CWW Southern California 714 557-1567 OFFICE kA' C.jECKED: 8H/JA 90275 1`,'z5�05 5,3%1 Canyon Ave Irvine CA 92616 714 557.1568 FAX �.�.__,.._ _.__ Ad. 10.006 . . 0 0 EXHIBIT "B" \s\ (PROPOSED VERIZON POWER AND TELCO ESIAT.) \r"-- ' SCALE: 1" t DUPRE DRIVE _----4----- N4017'20"E -_ ___---- _____- - - - , / R=700.00' P.O.C. HAW11-10FINE BOULEVARD ame7g: L=29.35' b Zig. R=750.00' ko D=0214'31" --------------------- 1 ...- ..._ 1:3 --------- ...... ........ ....... _...... r. FOR 1-0-1' 77 \ \ ,...„........................L.... 4.2-. I o, o i'i-c---."\---- '‘ S58'0616"E 1 113.33 — ....... -..............-- SEE INSERT RI- No, HEREON FORM A _ _I — _. ______ _____ 3287.3 DETAIL -...... ..--- MB, B75 i POR Lai84 -LA,C,A. MAP 110, 61 AN, 1 / 1 NN' LA .tt-i) cp, 0 ti, Q0.5:11, c. 5.5.4..„5_9: ._ , RENEWAL-5 AIT wr.:_. i• 8 I 64-I(>9 (14' o \o) 014 iii. 1 122Le 1-.mr N58'45'54"W---le , — _ ................. SEE SHEET 9 FOR LEGEND t 1 I—.---4 ISSUED FOR REVIEW 08/04/091 CWW 1 — AND UNE/CURVE TABLES I REV. # I DESCRIPTION DA1E ! BY PROPOSED VERIZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET ALTA VISTA BERT HAZE 6 AND ASSOCIATES 110......5.1............° ,4 LAND SURVEYING & MAPPING OF 9 SHEETS 30359 HAWTHORNE BLVD ventiratwireless 3188 AIRWAY AVE., SUITE K-1 DRAWN: 08/04/09 RANCHO PAIRS VERDOS, CA COSTA MESA, CAUFORNIA 92626 BY: CWW Southern California 714 557-1567 OFFICE CHECKED. BH/jA 90275 15505 Sand Canyon Ave Inivle,CA 026111 714 557-1568 FAX — JN. 510.006 . • ill Ill EXHIBIT "C" . (PROPOSED VERIZON TELCO ESMT,) \\ers\ _ _ rDUPREDRWE f-'-..../ N 40'17'20"E SCALE �' - �o' __- _ �__--,-- Rte-70000' P.O.C. ;ni3 i3 L=29.35' b HAWTHORNE BOULEVARD ULEVARD ' 7 r,' RE.750.00 (nil D=02'14'31" ----------------- ..rte \ 1:13 .......... _ _ ........ 7------ 1,, LOT -53 LOT 77 r-----A \ 0,7 - S4918E 0 558'06'16"E 42.01' ..1 113.33' -- j SEE INSERT TRACT NO, HEREON FOR L.A.C.A. MAP NO. -E-3-.1 32673 DETAIL AM, 1 / 1 MB., _ __, _ _ ..._____... 60 -' POR. LOT 34 r, _ _ _ ____ _ _ ri, ''-' -‘-' •---1s,—1—.. ic- 14. 0 �� No T.P.O.B. ' L_ 0 � � (/-5)4. up, W, 0.5 -:-.S �.--- 0• 1 - ,o' � --.— N C11 C.4 ItS 1, ---41\\'' '---* 0 i/e, aoort, ...e. N CL. LNo.JA,11 Z.' � � RENEWALt II O i to c4 .C.4 elotiqui ‹,„„ c.„ \ 17 1- \tn e ft F cAl. \C"\j 1 S66'28135"E 3.25' L ____. .......... SEE SHEETS FOR LEGEND 1 1 ISSUED FOR REVIEW 08/04/09 CWW AND LINE/CURVE TABLES .,.� -- REV. #7 DESCRPTION 1 DATE BY PROPOSED VERIZON EASEMENTS PREPAREDFOR: PREPARED BY: SHEET T II AZE 7 ALTA VISTAB "-� AND ASSOCIATES TS __ _.. \00"............H.............. a LAND SURVEYING & MAPPING OF 9_tS" 30359 HAI�'fHORNE BLVD V I wireless 3188 AIRWAY AVE., SUITE ►—1 EIC DRAWN: 08/04/09 RANCHO PALOS VERDOS, CA COSTA MESA, CALIFORNIA 92626 BY: Cww Southern California 714 557-1567 OFFICE CHECKED: EH/JA 90275 15505 Sand Canyor Ava Irvine CA 92618 714 557-1568 FAX JR. 510.005 • . 0 0 . DUPRE DRIVE EXHIBIT "D" .,`i� ° N40.17'20"E • 4 .o°� '`� (PROPOSED VERIZON COAX ESMT.) I:J.. LA No L=29.35'N oN N. R=750.00 ! "T H4 L5'& Zia �'' D=02'14`31" 'VII 46.4, , G c''' '-0_/,,, - .0,0'.- 9' - 'PIO CC /4A \sr-'41 �, 00';'--,__,, �- No, 72 t Do •o . —, �! RENEWA �� �6 'ITO --f?. gb 6 4, ‘*' s Q--\- _. -, / -- •-_,_ frA A. (f)}` 'Z'' (4- —4 /9.0 . �' ~-�-� o fC �-\ A / 28, ~_~ FRACT NO., 7 - E44 � ; / 3267-3 MB, E375 / ,.. _ / _._—.. ----„,,.._, , , t, r BO — 62 --,...,,,,,.....4 , .)r,pry ---.............„...... ..........z.,,, ,......„ -,07...., LJACA. 1ND. 51 `�,. �,` Aj\ji. 1 1 1 POR. LOT E34 - , SEE INSERT . HEREON FOR .... - ! ..�-.. DETAIL r _____ / L=15.25' L=3.14' r"---R=10.00' R=2.00' _ „� D=87'21'28" $89'51'52" 566'28'35 - A -- t c' D cr. . l '-'S. \ \ -.1'___r_ SN 1 L=2.79' tom`.in . 0 R=2.00 c,1'1- S6,1 - :15.-:::-- *ry 'tin D=79'47'46" `r,'_.-- r= g 88 If .` o le)\\r-6 J� �1.` to A I in 0 GI :it _,-. ,,,... ..„. lBZ - vi r ------.2.-00 z 1 .— [2:\ 9c.: ,• - eo. 1,. Y.P.a.P. 20* ] . SEE SHEET 9 FOR LEGEND i 1 1 'SSUED FOR REVIEW 08/04/o�CWW AND LINE/CURVE TABLES REV. # I DESCRIPTION DATE , 8Y PROPOSED VERIZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET r\ r. ,A a wo ALTA VISTA B .-+ IMZ A N D A S S O C I A T E S � LAND SURVEYING & MAPPING OF 9 SHEETS 30359 HAWTHORNE BLVD ver/ ,g wire/ess 3188 AIRWAY AVE., SUITE —1DRAWN: O8/ %09 RANCHO PALOS VERDOS CA COSTA MESA, CALIFORNIA 92626 EY: CWW Southern California 714 557-1567 OFFICECwECKED 8714 557-1568 FAX —ETH/JA 90275 11. ';505 Sand Canyon Avu Irvine CA 92 1f� JR. 510.005 LEGEND AND LINE/CURVE TABLES LINE TABLE LINE LENGTH BEARING Li 7.85' S66'28'35"E L2 15.72' N23'31'25"E L3 16.58' S36.35'29”W L4 21.85' S20.52154”W CURVE TABLE _ _ • CURVE LENGTH RADIUS DELTA Cl 17.99' 12.00' 8553'36" C2 15.25' 10.00' 87'21'28" P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING r*P1/41.- LAND CENTERLINE " 114 4<c? (e 0 a cc N 0. 7_2 131 REC‘‘NEWA eLAO\ 1 B)64169 n C O u 1 ISSUED FOR REVIEW 08/04/09 CW* REV. # DESCRPTION DATE BY PROPOSED VERIZON EASEMENTS PREPARED FOR: PREPARED BY: SHEET ALTA VISTA \,.• ° BERT NAZE AND ASSOCIATES OF 9 SHEETS LAND SURVEYING & MAPPING 30359 HAWTHORNE BLVD verizm wireless 3188 AIRWAY AVE., SUITE K-1 DRAWN: 08/04/09 RANCHO PALOS VERDOS, CA COSTA MESA, CALIFORNIA 92626 BY: Cww Southern California 714 557-1567 OFFICE CHECKED. BH/,,A 90275 15'95 Sand Canyon AVP Ir.np CA 9268 714 557-1568 FAX JN. 510.006 0 0 EXHIBIT D P.C. RESOLUTION NO. 2009-02,AS ADOPTED ON January 27, 2009,APPROVING CONDITIONAL USE PERMIT CASE NO. ZON2007-00243 [See Attached] Licensee Site Name:Alta Vista 22 41Ik0130209 14:39 31544 CITY OF RPV PBC PAGE �1I13 CITY OF RANCHO PALOS VERDES PL. NNINC, BUILDING, d CODE ENFORCEMENT January 30, 2009 NTiC OF DECISION NOTICE IS HEREBY GIVEN that t has approved the Planning Commission of the Cit �� ped a Conditional Use Permit (Case Y of Rancho Pains �erde� panel No. ��N�o07-Q02�3 to allow • antennas on an existing light standard, located � Verizon to install E, Ryan Community near the center of the parking lot Park. gat Robert LOCATION: 30359 Hawthorne Blvd. (Robert E. Ryan Community Park) APPLICANT. Verizon Wireless LANDOWNER; City of Rancho aloe Verdes Said decision is subject to the conditions ians of approval set forth in the attached Resolution No. This decision may be appealed, in writing,. grounds for appealritir-�g, to the City Council.. The appeal shall and any specific action beingrequested Rp I set forth the must be filed within fifteen (15) � s#ed by the aPPeflant. Any ap eeJ letter calendar days of the date of this Wednesday, February 11, 2OOg, A $1344.00 notice, or by 5:30 PM on no appeal appeal fee must accompany is filed timely, the PlanningCommission's . . Pany any appeal letter. If February 11, 2009. decision will be final at b: 0 P N! on If you have any questions regarding t ' s project, please contact So Kim, Assistant Planner, at (310))544-5228 or via a-mall at sokGrpv,corn. p Director of s -nnin , Building 9 a Code Enforcement Attachment: RC)Resolution No. 2009 -02 Cc: Robert McCormick, 27 Via Granada, Rolling Hills Estates, CA 90274 �'�.,�NNf1V ,. 30940 I-1AwrHc?RN[: F31 ). /IAN Pr11.[.�'a Vr; 3 r- �:/t;c�1���_ ��i�c��c:i:nrrr�vI'��o)544-522$�r�ui1.r�rrv�; �:r.i�� r r.f-�_ �.�1 �.���� ���ca)285-7e00 orf r. FAX(310).544-5 / E-MAIL Pi ANNiruC/2WV.COM 01/30/2009 14:39 3105444111CITY OF RPV PBC PAGE 02/13 P.C. RESOLUTION NO.2009-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERGES APPROVING A CONDMONAL USE PERMIT (Z0N2007-00243) TO INSTALL PANEL ANTENNAS ON AN EXISTING LIGHT STANDARD NEAR THE CENTER OF THE PARKING LOT AT ROBERT E. RYAN COMMUNITY PARK (30359 HAWTHORNE BLVD.). WHEREAS, on May 30, 2007, the applicant, Cindy Leinart for Verizon Wireless submitted a Conditional Use Permit application, requesting an installation of a new 27' tall monopole to accommodate three panel antennae at Ryan Park. The new pole is proposed to be located between two existing light standards. The proposed request also included grading to accommodate a new lease area for equipment cabinets; and, WHEREAS, on January 27, 2008, the applicant submitted revised plans, proposing to co-locate three panel antennae below existing Cingular Wireless antennae panels on an existing light standard at Ryan Park; and WHEREAS, on Augusti12, 2008, the applicant submitted revised plans, requesting to install a new 29'tall monopole n Ryan Park instead of co-locating on an existing light standard; and, WHEREAS, on October 8, 2008, the application for a Conditional Use Permit was deemed complete by staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the Planning Commission found no evidence that the Conditional Use Permit will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 18303); and, WHEREAS, after notice issued on October 9, 2008, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 11, 2008, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on November 11, 2008, the Planning Commission continued the public heating to December 11th to allow the applicant additional time to complete the Indemnity Agreement with the City to construct the temporary mock-pp; and, WHEREAS, on December 11, 2008, the Planning Commission continued the public hearing to January lath, directing the applicant to further analyze the feasibility of co-locating the proposed antennas on existing structures and report the results at the next meeting by means of a photo simulation; and, WHEREAS, on January 13, 2009, the Planning Commission conceptually approved the applicant's revised plans to co-locate the proposed antennas on an existing light standard P.C. Resolution No. 2009-02 Page 1 of 7 01/30/2009 14:39 3105444111CITY OF RPV PBC0110 PAGE 03/13 located near the center of the parking area at Ryan Park and ' resolution of approval for adoption following directed staff to prepare a pR p ion at the following meeting onJanuary 27, 2009; and WHEREAS, on January 27, 2009, the Planning Commission held . hearing, at which time all interested a duly noticed public parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1; That the proposed project includes a request to the topof a n existing light � install antenna panels to s g standard, located near the center of the parkingarea at Ryan Park. The overall height will increase from y g26' to 30' as a result of this proposal. The request also includes 67yd3of grading to accommodate a 250ft2 lease area near the bottom behind the lawn area for of a slope, equipment cabinets. Section 2: That the site is adequate in size and shape to accommodate e the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title (Title 17 — Zoning) or by conditions imposed under this section 1 7.0 0.050 to integrate said (RPVMC use with those on adjacent land and within the neighborhood. Specifically, the proposed installation of antenna g P , a ten a panels on top of an existing light standard does not require additional area nor significantly alter any existingfeatures on the subject f color matching • 1 site. Additionally, the proposed antennas with the existing light standard integrates said use with the subject site and is aesthetically consistent with the design and height of other antennas co-located on site. 9 Section 3: That the site for the proposed use relates to streets and s sufficient highways to carrytheand9 Y type quantity ty of traffic generated by the subject use because the proposed antennae and equipment are unmanned and do not require additional parking at Ryan Park. y Section 4: That in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because the proposed project will not be readily noticeable to neighboring properties due to the proposedosed color matching and minimal increase in overall height. Section 5: That the proposed use is not contrary to the General Plan because as proposed and conditioned, the project implements goals and policies of the General Plan to "ensure adequate public utilities and communication services to all residents, while maintaining the quality of the environment" and "require adequate landscapingtechniques . .. . � q or buffering for all new and existing facilities and networks, in order to reduce the visual n impact of ma infrastructure facilities and networks"; andR y is consistent with the underlying land use designation of Residential, and the surrounding single-family and multiple-family residential neighborhoods. Section 6 That the site of the proposed use is not within the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of this title. Section 7: That conditions regarding any of the requirements listed in this paragraph, necessary to protect the health, which the Planning Commission finds to be safety and general welfare, have been imposed (including but not limited to): setbacks and buffers; fences or walls; lighting; vehicular ingress or egress; noise, vibration, odors and similar emissions; landscaping; P.C. Resolution No, 2009-02 Page 2 of 7 411/ • 01/30/2009 14:33 310544 IT OF RPV PBS PAGE 04/13 4111 maintenance of structures, grounds or signs; service road will make possible � or alleys; and such other conditionsas development of the city in an orderlyand efficient ' conformity with the intent and purposes manner and in th p R es set forth in this title 17 —Zoning), as described in conditions of approval of the attached Exhibit 'A.' Thero painted to match the colorp posed antennae panels will be of the existing light standard. Additionally, the minimal increase the overall height is consistent with other light standards to � on site_ Section That either no existing or planned tower approved after fter the effective date for the ordinance can accommodate the applicant's proposed antenna or proposed service area, or that the proposed tower cannot be located on the site of an towerexisting not applicable because no new or planned tower, is is proposed. Specifically, the proposed project involves the installation of antennas on an existing light standard with a other structures on site. height that is consistent with Section 9: That the approval of this Conditional Use Permit is consistent City's Wireless Communications Antenna with the Development Guidelines because the proposed antennae panel and related equipment enclosure is associated and compatible with the uses ses of the subject property; it will have no impact upon view corridors due to the minimal height permit is being granted for a 10-year increase and integrative design, and the issuance of the9 period, Section 10: That the approval of this Conditional Use Permit is consistent with limitations on local zoning authority imposed by the Telecommunications Act of 1996 because the City's conditional approval of this permit does not unreasonablydiscriminate among providers of functionally-equivalent services, or prohibit or have the effect of prohibiting the provision of personal wireless services; the City has acted upon this request within a reasonable period of time afterthe request was duly filed, considering its nature and scope; the decision to approve this permit has been � in made and supported by substantial evidence contained in a written record; and the City's conditional approval of this reqtest has been made irrespective of any actual or perceived environmental effectsp P attributable to radio frequency emissions, to the extent that the proposed project complies with the Federal Communications Commission's regulations concerning such emissions. Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council, Thea appeal shall set forth a the grounds for appeal and any specific action being requested by the appellant, Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, February 11, 2009. A $1,344.00 appeal 1 fee must pp accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on February 11, 2009. Section 12: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other Planning of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Conditional Use Permit for the proposed installation of antenna panels on an existinglight standard and 67 d3 of gradingto accommodate 9 Y equipment cabinets at Robert E. Ryan Community Park (Case No. Z0N2007-00243). P.C. Resolution No, 2009-02 Page 3 of 7 O• 01/30/2009 14:39 31054 ITV OF RPV PBS PAGE 13 PASSED, APPROVED AND ADOPTED this 27th dayof January uary 2009, by the following vote: A►Y7 't$s1oneT Gerstner, Knight, Ruttenber s � Tetreault, Chairman Perestam NOES: None ABSTENTIONS: Vice Chairman Lewis RECLJSALS: None ABSENT: Commissioner Tomblin, Stephen Perestam, Chairman Joel -.jas, AICP Directs'r of -lannin., L uilding and Co,- nforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2009-0/ Page 4 of 7 AII0X1 '30} X09 14:39 31054 ._ CITY OF RPV PBC PAGE 0b/13 EXHIBIT'A' CONDITIONS OF APPROVAL FOR CASE NO.Z0N2007.00243 (Verizon Wireless—30359 Hawthorne Blvd.) General Conditions: 1, Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, understand, and agree to all conditions that they have read, 9tions of approval contained in this Resolution. Failure to provide said written statement within ninety rev this days y following the date of this approval al shall render this approval null and void. 2. Prior to the submittal of plans into Buildingand Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any dumpsters in the street or anyother curb cuts, temporary or permanent improvements within the public rights-of-way. 3, Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, Countyand/or Citylaws • Unless otherwise and regulations_ expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4_ The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval modifications will achieve pp oval �' f such substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, p any substantive change to the project shall require approval of a revision by the final body that approved the original project,which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards . these conditions of approvalP contained in or, if not addressed herein, shall conform to the Open Space Recreation development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards standards. 6. Failure to comply with and adhere to all of these conditions of approval is cause revoke thea revel of the projectPp to PP pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a buildiinpermit for the project or not commenced the � in9 approved , approved project as described Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution approval of the project shall expire and be of no further effect unless, prior to iration, a written request for extension is with �P filed the Department of Planning, Building and Code Enforcement and approved by the Director. 8. in the event that any of these conditions conflict with the recommendations t' ons a ndlor requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed substantial conformance with thep eted in plans stamped APPROVED by the City with the effective date of this Resolution. P.C, Resolution No. 2009-02 Page 5 of 7 01/30/2009 14: 39 31054451 CITY OF RPV PBG PAGE 07/13 10,The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material mayinclude but not to: the accumulation debris,of be limited garbage, lumber, scrap metal, concrete asphalt, iles of earth, salvage materials, abandonedp or discarded furniture, appliances or other household fixtures. 11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified ed in Section 17.96.920Y 9 Y R of the Rancho Palos Verdes Development Code. Trucks shall not park, queue and/or idle at the project site or in the adjoiningpublic rights-of-way before 7:00 AM, in . Y Monday through Saturday, accordance with the permitted hours of construction stated in this condition. 12.All grading, landscaping and construction activities shall exercise effective dust control techniques,either through screening and/or watering. 13.All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. Prior to the submittal of plans Into Building and Safety Department, the applicant shall submit pians to the Director of Planning, Building and Code Enforcement that are consistent with the photo simulations submitted to the Planning Commission on January 13, 2009. The maximum height of the co-located antenna shall not exceed 30' in height. 15. This approval allows: i. The installation of panel antennas on an existing light standard (located near center of the parking area)at Ryan Park; ii. 67yd' of grading to provide for a 250112 area to accommodate equipment cabinets. 16. The panel antennas shall be painted to match the exterior color of the existing light standard. The overall height of the light standard (including the antenna panels) shall not exceed 30', as measured from the lowest point of grade adjacent to the light standard to the top of the antenna panels. 17.The equipment area shall be screened from view from adjacent properties with foliage or other appropriate screening, subject to review of the Director of Planning, Building and Code Enforcement. The approved screening method shall be maintained,. 18, Verizon Wireless shall submit periodic updates on Wireless Communications Technology upon the request of the Director of Planning, Building and Code Enforcement, from the date of this approval, to be reviewed by the Director of Planning, Building and Code Enforcement. The purpose of these updates is to identify both new and emerging technologies, as well as outdated or obsolete technologies whose facilities and infrastructure (i.e., antennae, parapet, etc.) could be replaced or removed. E.C. Resolution No, 2009-02 Page 6 of 7 A11/01/30/2009 14:39 310544, CITY OF RPV PBC PAGE 08 13 19. This approval shall be valid for atriad action �r until JanuarP of 10 years from the date of the City's final January 27, 2019. The applicant and/or it approval, in its successor(s) interest may request an extension of this a pp , writing and accompanied by the applicable so long as such extension request is filed with thepP fee, expiration. City on or beforethe date of P.C. Resolution No. 2009-02 Page 7 of 7 • 411) j1/3B/2Bø9 14:39 31054 4. UITY OF RPV PBC P�► � LIII certification of Acceptance of Project A� Conditions of Approval Project: CUP- Case Flo. Z020017,02,43) 7,00243 Project Location: 30359 Hawthorne Blvd. (Ryan Parks Apprevai Date: ^ Jan aaL27,2009 �-- I, Robert McCormick the representative of Verizon Wireless, for the above-mentioned project, hereby certify that i have read, understand, and accept all conditions.3f approval applicable to this project. 12.9 Signature of Verizon Wireless Representative Date (NOTE:This certification must be signed and returned to the City of Rancho Pales Verdes Department of Planning, Building and Code Enforcement at 30940 Hawthorne Boulevard, Rancho Palos Verdes,CA 90275, prior to submittal into Building and Safety plain check or by April 27, 2009 whichever occurs first.) 01/30/2009 1 :39 310 44 CITY OF RPV PBC PAGE �9/13 ", CITY OF L41,111 RANCHO PALOS VERDES PLANNING, BUILDING, 6 CDD January 30, 2009 ENFORCEMENT Robert McCormick McCormick Consulting Company 27 Via Granada P Y Rolling Hiile Estates, CA 90274 SUBJECT: CONDITIONAL USE PERMIT (CASE NO. ZON2O07 0244 30359 HAWTHORNE BLVD Dear Mr. McCormick On January 27,2009, the PlanningC • X1 . 1 007 Commission approved the application referenced ). Attached is a copy of the PlanningClearance above(Case are no interested parties involved with for your files_ Since the there Safety Department to begin your project, you may submit your plans to Building n the plan check process immediately. and As discussed in the resolution,please ' the discussed PlanningCommissionsubmit 3 full sets of plans reflectingthe project on January 13 and subsequently P )est presented to � Y approved �r�January�7 _ Additionally,I have attacher!the Certification of Acceptance of Project Conditions of be signed end returned to me boloApproval. This April 27, 2009,whichever comes first. yousubmit plans to building plan check or you Ifhave questions, or would like contact me at to discuss your project in further detail X310)544-5228, er vie a-mail at sok . please feel free to Sincerely, . b s So Kiri Assistant Planner cc: Gregory Pffst, Deputy Planning File Director 30q4o HAwnr-rs)RNf f3r.�rr�. /RANG a U) PN OS VI.RDI.s. CA 90Z75-5391 Pi.,nNNINc:,lCODE rNFOInCr-:MErvT(310)544.5220/ 13i_11tDIrwcC� � , 1a)265-7500/Dr PT, I-AX 1310)5d4-5293 l l=-MAIr nNN1Nr,@KYv.CO • AII001/30/2009 14:39 310544, CITY OF RPV PBO PAGE 11/13 CITY OF RANCHO PALOS VERDES 11111 PLANNINGCLEARANCE Planning, Building and Code Enforcement Department PE Planning Division PERMIT 111 .. Z lV OQ7-0024 30940 Hawthorne Blvd, APPLIED: 5/30/2007 Rancho Pala Verdes � CA 002 5 ISSUED: 1/30/2009 (31 0)544-5228 FAX: 544-5293E-mail: EXPIRES: 7/29/2009 (310) _mail. planningrpv,com SITE ADDRESS: 30359 HAWTHORNE BLVD ASSESSOR'S PARCEL NO.: 7588022900 PROJECT DESCRIPTION: Verizon co-locate antenna panels on an existing light standard @ Ran Park OWNER/APPLICANT C PRIMARY CONTACT-I-- CITY OF RANCHO PALOS VERDES VERIZON WIRELESS 30940 HAWTHORNE BLVD 515 22ND ST RANCHO PALOS VERDES CA 90275 HUNTINGTON BEACH CA 92648 PE OF USE:Other Use and/or Structure ZONING: OR-Open Space Recreation APPLICATION TYPE(S): Conditional Use Permit Environmental Assessment FEES NOTES: Type By Date _ Amount DATA AH 5f30t2 00 T - $3.60 �. CUP AH 5130/2007 $3,120.00 EA AH 5130/2007 $1,599.00 i Total: $4,722.60 CONDITIONS OF APPROVAL General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the propertyowner shall submit to the City a statement, In writing,that they g� have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this Y pp approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the .ublic rights-of-way. P 9 Y 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zonin yregulations, or any Federal, State, Countyand/or City laws and regulat-ons. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. The Director of Planning, Building and Code Enforcement Is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantiallythe same results as would strict compliance with thea roved plans and conditions. - Pp Otherwise,any substantive change to the project shall require approval of a revision by the final body that approved the project, original � Page 1 of 3 41k01/30/2009 14:39 310544 CITY OF RPV PEC PAGE 12/13 CITY OF RANCHO PALOS VERDES PLANNING CLEARANCE Planning, Building and Code Enforcement Department PERMIT NO.: _ 4111111 Planning Division z �12 �� X0243 30940 Hawthorne Blvd. APPLIED: 13012007 Rancho Palos erdes 02� ISSUED: 1/30/2009 � EXPIRES: 7I29l2009 (310) 544-5228 FAX: (310)544-5293 E-mail: planning@rpv.con which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the Open Space Recreation development standards of the City's Municipal Code, including but not limited to height,setback and lot coverage� standards. 6. Failure to comply with and adhere to all of these conditions of approval is cause to revoke the project pursuant to the revocation procedures the approval of Code. contained in Section 17.86.060 of the City's Municipal 7. If the applicant has not submitted an application for a building permit for thea moved r commenced the approved project as described in Section 17.86.070PP project or not of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of effect unless, prior to expiration, a written request fore P no further qextension n Is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. 8. in the event that any of these conditions conflict with the recommendations and/or requirements of permitting agency or Citydepartment,the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED bythe CityeffectiveP with the date of this Resolution. 10. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that materialp used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, , metal, concrete asphalt, g scrap P , piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Mondaythrough Saturday, er mitted on Sundays orholidaysg with no construction activity P yon the legal specified In Section 17.98.920 of the Rancho Palos Verdes Development Code. Trucks shall not park,queue and/or idle at thero ect site or in P J the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if requiredOfficial. Said by the City's Building officid portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. Prior to the submittal of plans into Building and Safety Qepartment,the applicant shall submitlans to the Director of Planning, Building and Code Enforcement that arep consistent with the photo simulations submitted to the Planning Commission on January 13, 2009. The maximum height of the co-located antenna shall not exceed 30' in height. 15. This approval a l lbws: I. The installation of panel antennas on an existing light standard (located near center of the parking p rig area)at Page 2 of 3 AII001/30/2009 14:39 310544 CITY OF RPV PBS PAGE 13/13 CITY OF RANCHO PALOS VERDES PLANNING C Planning, Building and Code Enforcement Department PERMIT NO.: Planning Division L ON200 -Q0243 30940 Hawthorne Blvd. APPLIED: 513012007 ill Rancho Palos Verdes, CA 9025 ISSUED: 1/30/2009 (310) 54��52�� FAX: (310) ��- E-mail: EXPIRES: 7/29/2009 5293 � ilplanningrpv.com Ryan Park; ii. 67yd3 of grading to provide for a 250ft2 area to accommodate equipment cabinets. 15. The panel antennas shall be pain#ed to match the exterior color of the existinglight • g standard. The overall height of the light standard(including the antenna panels) shall not exceed 30', as measured from the lowest point of grade adjacent to the light standard to the top of the antenna panels. 17. The equipment area shall be screened from view from adjacentro erties with foliage appropriate screening, subject to review of the Directorof P P p or other Planning, Building and Code Enforcement. The approved screening method shall be maintained. 18. Verizon Wireless shall submit periodic updates on Wireless Communications Technology request of the Director of Planning, Building and Code Enforcement, from upon the the date of this approval, to be reviewed by the Director of Planning, Building and Code Enforcement. The purpose of these updates identify both new and emerging technologies, as well as outdated � pates is to andg g 9 or obsolete technologies whose facilities infrastructure(i.e.,antennae,parapet,etc.)could be replaced or removed. 19. This approval shall be valid for a period of 10 years from the date of the City's final action,or until 27, 2019. Thea applicant and/or itsJanuary PP successor(s) interest may request an extension of this approval, In writing and accompanied by the applicable fee, so long as such extension request is filed with the City the date of expiration. on or before 71-1—le City strongly urges thea applicant for this project to conte T � � ... .`— pPcontact the Homeowners Association or local Art Jury, if any, to gain any additional approvals that may be required before applying for a building permit. A list of Homeowners' Associations is on file with the Planning, Building and Code Enforcement Department of Rancho Palosowners p Verdes. f 730 For Director of Planning, Building and Code Enforcement Date THIS APPROVAL SHALL BE NULL AND VOID AFTER Jul 29 2009 UNLESS THE APPROVED PLANS SUBMITTED TO BUILDING AND SAFETY TO INITIATE THE ARE "PLAN CHECK" REVIEW PROCESS. THIS APPROVAL SHALL ALSO BECOME NULL AND VOID IF AFTER INITIATING THE "PLAN CHECK' REVIEW PROCESS RECEIVING A BUILDING PERMIT TO BEGIN CONSTRUCTION, ��E OR SAID PERMIT OR "PLAN CHECK' IS ALLOWED TO EXPIRE OR IS WITHDRAWN BY THE APPLICANT. Page 3of3