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CC SR 20191119 F - T-Mobile Antenna Agreement First AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/19/2019 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to approve an amendment to the license agreement with T-Mobile Communications for an antenna at Ryan Park RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor and City Clerk to approve an amendment to the license agreement with T-Mobile Communications, in a form approved by the City Attorney, for an antenna at Ryan Park. FISCAL IMPACT: The rent will continue to escalate by 3.5% annually, according to the agreement. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Gabriella Yap, Deputy City Manager REVIEWED BY: Same as above APPROVED BY: Doug Willmore, City Manager ATTACHMENTS: A) First amendment to T-Mobile license agreement (page A-1) B) 2006 License Agreement with Omnipoint Communications, Inc . (page B-1) C) Planning Commission Resolution No. 2017-20 (page C-1) D) Documents converting Omnipoint to T-Mobile (page D-1) BACKGROUND AND DISCUSSION: This item was initially placed on the September 3, 2019 City Council agenda and was subsequently removed from the agenda that evening because the City had not yet received a signed amendment from T-Mobile. Staff has received a signed copy of the amendment and is proceeding with obtaining Council approval. On September 21, 2006, the City entered into a license agreement (Attachment B) with then Omnipoint Communications, Inc., a subsidiary of T-Mobile, for 4-foot, 2-inch tall antennas on top of light standards with associated equipment cabinets at Ryan Park. The term of the license agreement was 10 years and commenced February 14, 2006, the approval date of Planning Commission Resolution No. 2006 -7 authorizing conditional use permit (CUP) Case No. ZON2004-00174. Omnipoint has since 1 converted to T-Mobile West LLC (Attachment D) and is now seeking a renewal of the license agreement. The City Attorney’s office has drafted and approved the first amendment to the agreement (Attachment A) extending the term of the license from 10 years to 20 years, coterminous with the CUP, and generally the same terms. The Planning Commission approved Resolution No. 2017-20 (Attachment C) to extend the CUP to allow the continued operation of these wireless telecommunications facilities. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Do not approve the amendment or direct Staff and/or the City Attorney to make changes 2 01203.0015/545053.3 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 California municipal corporation (“Licensor”) and T-MOBILE WEST LLC, a Delaware Limited Liability Company (“Licensee”) is effective February 14, 2016. RECITALS A. Licensor and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware Corporation (“Omnipoint”), as licensee, entered into a “License Agreement for Wireless Telecommunications Antenna Facilities,” which was fully executed as of September 21, 2006 (the “Agreement”). B. Omnipoint assigned its interest as licensee in the Agreement to TMO CA/NV Holdings, LLC, a Delaware Limited Liability Company (“TMO”) on June 17, 2009. Omnipoint subsequently merged into T-Mobile USA, Inc. on June 26, 2009. C. TMO merged into T-Mobile West Corporation, a Delaware Corporation (“T- Mobile West Corp.”) on June 26, 2009, and T-Mobile West Corp thereby acquired the licensee interest in the Agreement. D. On June 25, 2012, T-Mobile West Corp converted into T-Mobile West LLC, a Delaware Limited Liability Company (Licensee), and Licensee thereby acquired the licensee interest in the Agreement. E. As set forth in Section 4(A) of the Agreement, the term of the Agreement was for 10 years, commencing on February 14, 2006, which was the approval date of Resolution No. 2006- 7 of Licensor’s Planning Commission, authorizing Conditional Use Permit Case No. ZON2004- 00174 (the “Conditional Use Permit”). F. As set forth in Section 4(B) of the Agreement, “[p]rior to the expiration of the 10- year term of this License, Licensee may request from the Planning Commission an extension of the Conditional Use Permit. As specified in Condition No. 15 of Exhibit A that is attached to Resolution No. 2006-7, this extension will be granted upon a demonstration by Licensee that the antennas and related equipment are not using obsolete technology and are still in use. If the Planning Commission grants the extension, then the term of this License may, upon Licensee’s request, be extended for a period commensurate with the extension of the Conditional Use Permit.” G. On July 16, 2017, Licensee applied for an extension of the Conditional Use Permit pursuant to Condition No. 15 of Exhibit A to Resolution No. 2006-7, and Licensor’s Planning Commission approved the extension of the Conditional Use Permit on August 8, 2017, by adoption of P.C. Resolution No. 2017-20 (the “CUP Extension”). A-1 01203.0015/545053.3 H. The term of the Conditional Use Permit, as extended by the CUP Extension, expires on February 14, 2026 (the “CUP Extension Expiration Date”). I. Licensor and Licensee now desire to extend the term of the Agreement, retroactive to February 14, 2016, 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 from the original commencement date of the Agreement and continuing until the CUP Extension Expiration Date. 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 strikethrough): “4. TERM A. The term of this License is 10 20 years, commencing on February 14, 2006, which was the approval date of P.C. Resolution No. 2006-7 authorizing Conditional Use Permit Case No. ZON2004-00174. That date is referred to in this License as the “Commencement Date.” The original expiration date of the Conditional Use Permit, February 14, 2016, was extended by adoption of Resolution No. 2017-20 by Licensor’s Planning Commission on August 8, 2017 (the “CUP Extension”), and the expiration date of the CUP Extension is February 14, 2026 (the “CUP Extension Expiration Date”). This License shall expire on the C UP Extension Expiration Date. This license is not revocable except in accordance with the terms of this Agreement. B. Prior to the CUP Extension Eexpiration Date of the 10-year term of this License, Licensee may request from the Planning Commission an further extension of the Conditional Use Permit. As specified in Condition No. 15 26 of Exhibit A that is attached to Resolution No. 2006-7 2017-20, this extension will be granted upon a demonstration by Licensee that the antennas and related equipment are not using obsolete technology and are still in use. If the Planning Commission grants the extension, then the term of this License may, upon Licensee’s request, 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 A-2 01203.0015/545053.3 mean the Agreement, as amended by this Amendment to the Agreement. 4. Affirmation of Agreement; Warranty Re Absence of Defaults. Licensor and Licensee each ratify and reaffirm each and every on e 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. Licensor represents and warrants that it is the current Licensor under the Agreement, and Licensee represents and warrants that it is the current Licensee under the Agreement. Licensee represents and warrants to Licensor that, as of the date of this Amendment, Licensor 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. Licensor represents and warrants to Licensee that, as of the date of this Amendment, Licensee 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. 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. 6. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement 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] A-3 01203.0015/545053.3 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 February 14, 2016. LICENSOR: CITY OF RANCHO PALOS VERDES, a California municipal corporation ___________________________ Jerry Duhovic, Mayor Date: _______________, 2019 ATTEST: ___________________________ Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ___________________________ William W. Wynder, City Attorney LICENSEE: T-MOBILE WEST LLC, a Delaware Limited Liability Company By:_____________________________ Name: ______________________ Title: ______________________ Date: ______________________ 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. A-4 01203.0015/545053.3 STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) I certify that I know or have satisfactory evidence that ____________________________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the _____________________________________________________________________ of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________________________ ________________________________________ Notary Public Print Name ______________________________ My commission expires ____________________ (Use this space for notary stamp/seal) A-5 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 OMNIPOINT COMMUNICATIONS, INC., a subsidiary ofT-MOBILE USA, INC., a Delaware corporation ("Licensee"). RECITALS: A. Licensee seeks to construct, operate and maintain 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, 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: R6876.0054\879035v7 814106 City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Designated Representative: City Manager Site Name: Ryan Park Site Number: LA02999 B-1 Licensee: Omnipoint Communications, Inc. 3 Imperial Promenade, Suite 1100 Santa Ana, California 92707 Attn: Lease Administration Manager, Site No. LA02999A Designated Representative: PCS Lease Administrator, Site No. LA02999A With a copy to: Attn: Legal Department, Site No. LA02999A With a copy to: T-Mobile USA, Inc. 12920 S.E. 38th Street Bellvue, Washington 98006 B. Any notice required to be given under the provisions ofthis 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. 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 legal description of which is set forth in the attached EXHIBIT A. The location and dimensions of the portion to be licensed to Licensee are delineated on the Project Documents attached as EXHIBIT B. (b) Space upon an existing support facility owned by Licensor and referred to as a light standard. The location and dimensions of the portion of the support facility to be licensed to Licensee are delineated in the Project Documents attached as EXHIBIT B. The number, location, and orientation of the wireless telecommunications antennas that Licensee is authorized to install upon this support facility are delineated in the Project Documents attached EXHIBIT B. Licensee may replace existing equipment on the light standard with substantially similar equipment, subject to the prior written approval of the Director of Planning, Building and Code Enforcement, which approval shall not be unreasonably withheld, conditioned, or delayed. Licensee has the burden of demonstrating, to the satisfaction of the Director of Planning, Building and Code Enforcement, the substantial similarity of any proposed replacement equipment. Licensee may modify its ground-mounted support equipment only ifthe modification (i) does not require any changes in the dimensions of the support equipment cabinet or the concrete pad; (ii) does not generate noise levels in excess of 65 DBA; and (iii) is otherwise consistent with all Conditions of Approval for Licensee's Conditional Use Permit subject to prior written approval of the Director of Planning, Building and Code Enforcement, which approval shall not be unreasonably withheld, conditioned, or delayed. R6876.0054\879035v7 8/4//06 2 Site Name: Ryan Park Site Number: LA02999 B-2 2. Easements for ingress, egress, access, and utilities required by the Licensee to construct, install, operate, repair, or replace the wireless telecommunications antenna facilities referenced below in paragraph C, when agreed upon by the parties, will be described in the attached EXHIBIT C. B. The portions of the real and personal property described above in paragraph A that are subject to this License are collectively referred to as the "Premises." C. The wireless telecommunications antenna facilities, and the supporting structures and 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. 2006-7 authorizing Conditional Use Permit Case No. ZON2004-00174, a copy of which is set forth in the attached EXHIBIT D and incorporated by this reference. 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 and maintenance of Licensee's Facilities described in EXHIBIT B. Licensee's use of the Premises must comply with all conditions imposed byP.C. Resolution No. 2006-7 authorizing Conditional Use Permit Case No. ZON2004-00174, and with all 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 5.A., Licensee must apply for and obtain all licenses, permits, and approvals required by all governmental agencies 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 as may reasonably be requested in Licensee's efforts to obtain the required licenses, permits, and approvals. C. Licensee has the right to construct, operate, and maintain on the Premises unmanned wireless telecommunications antenna facilities, including but not limited to radio frequency transmission lines, radio transmitting and receiving antennas, and any support equipment and improvements that are described in EXHIBIT B. Licensee aclmowledges 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 any support structure described in EXHIBIT B, that excess space may be made available to other wireless telecommunications service providers if joint use of the support structure is technically feasible. Any determination by the Licensee that such joint use and co-location is not technically feasible will be reviewed and approved by the City Engineer. Any disputes between the Licensor and Licensee regarding any proposed co-location will be resolved at a hearing to be conducted by the Planning Commission. If the co-location of facilities on any support structure subject to this License is determined to be technically feasible, R6876.0054\879035v7 8/4//06 3 Site Name: Ryan Park Site Number: LA02999 B-3 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. D. Licensee must not hinder the joint use of the Premises 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. Licensee may charge a fee for the use by third parties of space on a support structure or building, under written agreements with those third parties that are within the usual parameters of industry practice. 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 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), or an amount equal to fifty percent (50%) of the then current License Fee, whichever is greater. 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. Any third party seeking to co-locate with an existing licensee on the Premises, whether under a Sub- U se 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, and operation 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 is ten years, commencing on February 14, 2006, which was the approval date of P.C. Resolution No. 2006-7 authorizing Conditional Use Permit Case No. ZON2004-00174. That date is referred to in this License as the "Commencement Date." This license is not revocable except in accordance with the terms of this Agreement. B. Prior to expiration of the 10-year term of this License, Licensee may request from the Planning Commission an extension of the Conditional Use Permit. As specified in Condition No. 15 of Exhibit A that is attached to Resolution No. 2006-7, this extension will be granted upon a demonstration by Licensee that the antennas and related equipment are not using obsolete technology and are still in use. If the Planning Commission grants the extension, then the term of this License may, upon Licensee's request, be extended for a period commensurate with the extension of the Conditional Use Permit. R6876.0054\879035v7 8/4//06 4 Site Name: Ryan Park Site Number: LA02999 B-4 5. LICENSE FEE A. The first annual license fee in the sum of Eighteen Thousand Dollars ($18,000) will be paid to Licensor upon the date of issuance of a building permit by Licensor's Building Official that authorizes construction of Licensee's Facilities on the Premises. This payment will be prorated from the payment date through July 1, 2007. Thereafter, Licensee will make an annual license fee payment of Eighteen Thousand Dollars ($18,000) on each July 1 commencing in 2007. The July 1, 2007, payment, and subsequent annual license fee payments, will be adjusted as provided for in paragraph C below. Payment must be mailed to Department of Finance, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. B. If legally permissible, the parties may agree to substitute services for the monetary consideration provided herein if Licensor determines that such substitution is in its best interests. C. Commencing on July 1, 2007, and thereafter on each July 1 during the term of this License, 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%). D. If Licensee fails to pay the annual license fee within twenty (20) days of 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, ifthe 12% rate exceeds that maximum. E. If Licensee occupies the Premises for ten years, then prior to the commencement of the eleventh year (assuming an extension by the Planning Commission of Licensee's Conditional Use Permit) the parties will renegotiate the base annual license fee to reflect the fair market value of the Premises. 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 agreeable appraiser who is a Member of the Appraisal Institute ("MAI") for a binding determination. F. 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 promptly remove all of its facilities and equipment from the Premises within 45 days after expiration or earlier termination of the term, Licensor may, after five 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 reasonable efforts of removal. Licensee must pay to Licensor, upon written demand, 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. G. 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. R6876.0054\879035v7 8/4//06 5 Site Name: Ryan Park Site Number: LA02999 B-5 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 real estate taxes, possessory interest taxes, and other taxes, fees, and assessments attributable to Licensee's use of the Premises and to all equipment and facilities placed on the Premises, as well as any improvements 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 promptly 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 5.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. 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 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. 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. B. In connection with the construction, operation, and maintenance 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. Licensee may perform emergency repairs on a 24-hour basis; provided, however, that Licensee and Licensor will agree upon the use of keys and 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 R6876.0054\879035v7 8/4//06 6 Site Name: Ryan Park Site Number: LA02999 B-6 Licensee's sole expense, in a good and workmanlike manner, 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, twenty-four hours a day, seven days a week, at no charge to Licensee. Licensor represents that it has full rights of ingress to and egress from the Premises, and Licensor grants those rights to Licensee to the extent required to construct, install, operate, and maintain Licensee's Facilities on the Premises. Licensee's exercise of these rights must not cause undue inconvenience to Licensor. D. Licensor will maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to provide 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 promptly repaired by Licensee. 9. CONDITIONS FOR CONSTRUCTION OF LICENSEE'S FACILITIES A. Licensee must provide to Licensor detailed plans of the proposed initial construction, and such other information as may be required in writing by Licensor's authorized representatives, in accordance with the Conditions of Approval attached to P.C. Resolution No. 2006-7. 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, without limitation, costs and fees for building permits, plan checking, inspections, water used for construction, location of utilities, and any repairs made by Licensor due to construction damage caused by Licensee. Licensee is responsible for any damage caused by the construction, including but not limited to damage to public right-of-way, private property, streets, existing utilities, curbs, gutters, sidewalks, and any premature deterioration of the above. Licensee will pay Licensor any costs incurred, and will complete the restoration or repair of any damage caused by the construction within 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 construction standards and uniform codes. All structural work or reinforcement on an improvement must be approved by a licensed structural engineer at Licensee's sole cost and expense. During construction, Licensee must perform all work in such a manner as not to interfere with services provided by Licensor or by any pre-existing third parties. D. It is Licensee's responsibility to verify the location of all existing utilities. Licensee must exercise due caution to ensure that underground irrigation systems, electrical · systems, and other utilities are not damaged during construction. During any authorized excavation, appropriate techniques must be employed that safeguard all existing utilities and underground facilities, including contacts with Underground Service Alert ("U.S.A."). E. Licensee guarantees the first-class quality of all construction and of all materials and equipment used or installed. R6876.0054\879035v7 8141106 7 Site Name: Ryan Park Site Number: LA02999 B-7 F. 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 will remain responsible for compliance with the terms of this License. G. 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. 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 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 pay on demand 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. 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 or claiming jurisdiction, 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 expiration or termination of the License, and restore the Premises to their original condition, ordinary wear and tear excepted. 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 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. R6876.0054\879035v7 8141106 8 Site Name: Ryan Park Site Number: LA02999 B-8 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 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 Licensor's real property in a manner that materially interferes with the wireless telecommunications services provided by Licensee's Facilities, as described 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 30 days prior written notice to Licensor. 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 30 days and must promptly remove those Facilities at its own expense, in the manner set forth in Section 5 .F. 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 within five days after the due date of 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 oflife, personal injury, or damage to property, 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 of which the Premises are a part, 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 is not liable for any damage or any actions 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. Lkensee specifically agrees to indemnify, defend, and hold Licensor, its officers, agents, and employees, harmless from all claims of injury or damage arising from Licensee's equipment and operations, including all claims allegedly attributable to Maximum Permissible R6876.0054\879035v7 8/4//06 9 Site Name: Ryan Park Site Number: LA02999 B-9 Exposure ("MPE"), as defined and regulated by the Federal Communications Commission, caused by Licensee's equipment or operations. 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 ofliability 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, and excess/umbrella coverage of$5,000,000. 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 $1,000,000 per occurrence; 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 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 or reduced in coverage without 30 days' prior written notice to Licensor. 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 msurance. 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. 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 (except those reasonably foreseeable in connection with the uses contemplated by this License), or by any other cause that is without fault and beyond the control of the party obligated R6876.0054\879035v7 8/4//06 10 Site Name: Ryan Park Site Number: LA02999 B-10 (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 prompt 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 failure continues for a period of five 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 30 days after written notice thereof by Licensor to Licensee; provided, however, that ifthe nature of Licensee's default is such that more than 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 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 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 30 days. 18. REMEDIES ON DEFAULT BY LICENSEE Upon any default or breach by Licensee as referenced in Section 1 7, 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. In that event, Licensor is entitled to recover from Licensee all damages incurred by Licensor by reason of Licensee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of relicensing, including necessary renovation and alteration of the Premises; and reasonable attorney's fees; or (ii) Pursue any other remedy now or hereafter available to Licensor under the laws or judicial decisions of the State of California. 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 30 days after written notice by Licensee to Licensor specifying R6876.0054\879035v7 8/4//06 11 Site Name: Ryan Park Site Number: LA02999 B-11 wherein Licensor has failed to perform such obligation; provided, however, that ifthe nature of Licensor's obligation is such that more than 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 30 days prior written notice to Licensor, Licensee may terminate this License without further liability at the following times or under the following circumstances: (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, having exercised due diligence, is unable to obtain all licenses, permits, or other approvals 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. C. Additionally, this Agreement may be terminated by Licensee as follows: (i) upon thirty (30) days written notice by Licensee ifthe 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. (ii) immediately upon written notice by Licensee ifthe 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. fu 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 (iii) 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 (i) or (iii) 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, 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 Licensor's Premises. 20. PROHIBITED USES R6876.0054\879035v7 8/4//06 12 Site Name: Ryan Park Site Number: LA02999 B-12 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 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 14 days, of nonhazardous 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. That 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. 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 60 days after that taking, to terminate this License upon 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 whatsoever, Licensor is entitled to all awards or settlements that maybe given (other than awards for the taking of Licensee's Facilities or other R6876.0054\879035v7 8/4//06 13 Site Name: Ryan Park Site Number: LA02999 B-13 personal property), and Licensee will have no claim against Licensor for the value of any unexpired term of this License. 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 present 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 prov1s1on. 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 are in addition to and not in lieu of any requirements of law that Licensee obtain approvals or permits. However, 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 R6876.0054\879035v7 8/4//06 14 Site Name: Ryan Park Site Number: LA02999 B-14 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. 28. MODIFICATION A. This License may be modified 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 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. Licensor may assign this License, or convey its interest in the Premises or any part thereof, provided that the assignee will assume responsibility for the performance of all of the terms and conditions to be performed by Licensor under this Agreement. Such assumption of responsibility must be evidenced by a written document that is filed with the Licensor within 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 aclmowledged a memorandum of license, in form and substance satisfactory to legal counsel for the respective parties, and suitable for recording. Licensee will bear the cost of all recording R6876.0054\879035v7 8141106 15 Site Name: Ryan Park Site Number: LA02999 B-15 charges associated with recording all documents required or authorized to be recorded under this License. 32. FURTHER DOCUMENTS From and after the Commencement Date of this License, each of the parties will promptly execute, aclrnowledge, and deliver, or cause to be executed, aclrnowledged and delivered, 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 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. R6876.0054\879035v7 8/4//06 [Signature page follows] 16 Site Name: Ryan Park Site Number: LA02999 B-16 TO EFFECTUATE THIS LICENSE, the paiiies have caused this License to be executed by their duly auth01ized representatives as of the dates set forth below their respective signatures. ATTEST: APPROVED AS TO FORM: APPROVED AS TO FORM: CorpoMe Counsel R6876.0054\879035v7 8/4//06 17 "LICENSOR" CITY OF RANCHO PALOS VERDES "LICENSEE" OMINIPOINT COMMUNICATIONS, INC., a subsidiary ofT-MOBILE USA, INC., a Delaware corporation Area Director (Titlb of auth01ized representative) Site Name: Ryan Park Site Number: LA02999 B-17 EXHIBIT A LEGAL DESCRIPTION OF THE DESIGNATED PORTION OF LICENSOR'S REAL PROPERTY SUBJECT TO THE LICENSE The area shown as the "Premises" on the Site Diagram attached as Exhibit B is legally . described as follows: R6876.0054\879035v7 8141106 [To Be Added] 18 Site Name: Ryan Park Site Number: LA02999 B-18 : ... . . . . . . . . ~ . . . . . . . .. .. .' :'" . . . . ~ .. . . · ... .. . ·:. . . . .. . . . . : ... . · ..... ·.·· . . . ... . ' . . . . '··. .·. . . . ~ ' ..... \".,. . .. .. . :· .. ',:. \ . . . . . . ,. : .. .. . .. . · ........ , . . . . •. ·. ·:··· _: .. · .. : .... ·. :, .·· ... · .· .. .. .. . . .· T.HAT POl~Tl·ON OF T~IAT .CERTAIN i'.1A'RCEl...OF .. LA°ND IN 'LOTS ·77 AND 84, li'(TH~ CITY. ·:··OF RANCHO P.ALOS VERDES, COUNTY OF LOS ANGELl:S,.STATE OF CALIFORNIA, AS ... : SHOWN ON LOS ANGELEiS COUf'JTV ASSESSOR'S MAP NO'. .. 61' 1 . RECO'FmED IN' BOO!\ 1', "". · . .. PAGE 1; OF AS'Sl~SSOR'S IVIAPS,· IN TH~:: oi;:1:1C't: OF THE RECORDER 6F'.SAICrCOqNTY, .. ~ · : DESCRIBED AS PARCEL A IN DEED TO COUNTY OF tOS ANGELES, RECORDE.D AS· . DOCUMENT. NO. 1766, ON JANUARY 31, 195ar IN OFHCIAL RECORD.·S BOOK 96460, PAGE 324, IN THE·Ol:::FICE OF THE liECORDER·O.F SAID COUNTY WITHIN THE.' 'FOLLOWING DESC~1lBED BO.UNDAl~IES: .' · · · . ·. . · · .. •, . . . ·. · ·· BEGll\INING. AT THE EASTERLY TEFHVllNUS OF.THAT CERTAIN COURSE DESCRIBED AS ·HAVING A BEARING. AND LENGTH· OF SOUTH 85°24 1 03 11 WEST 66.ZJ.,22 FEET IN THE SOUTHERLY BOUNDARY OF SAID CERTAIN·PARCEL OF LAND; TrlENCE SOUTH . 59 °.G9'63" WEST AL.ONG SAID ~OUTHE.F\LY BQUDARY 564.22·Pr:!ET TO THE . . SOUTHEASTERLY BOUNDARY OF SAID GERTAIN.PARCEL. OF LAND; THENCE SOUTH . . · 59.0 39'1·5·3."·WEST ALONG SAID SOUTHEASTERLY BOUNDARY 354.48 FEIET;. THENCE: NORTH 30°20'07 11 WEST 136.80 FEET;·THENCE NORTH 49·0 1'4'.30" EAST 277.24 FEETi. . THEN.CE NOHTH 2 .. 1 °42 1 60." EAS.T.243.26 FEET; THENCE NORTH 1°7 °44'16'~ WEST' · ·: 311.82 FEE"!"; THl3NCE NORTH 6·1°13 1 40~1 WEST 169.82 FEET· TO A L.INE PARALLEL ... . WITH AND 80 FEET SOUTHEASTERLY, MEASUREb AT.RIGHT ANGLES, FROM THAT . : ... C.GRTAIN QO.URSE DESCl~IBED AS .H-AVll').G A .Ei.EAHING AND LENGTl~I OF NORTH . . . · .. . 31°15~08" GAST 67.06 FEET IN·THENOl~THWt;S:TERLY BOUNDARY OF SAID' CERTAIN . . PAHCEL O.F LAND; THENCE NORTH 3f0 ·16 1·08" ££AST Al:ONG· SAID P.AHALLEL UNI: . : 67.05 FEET;.THENCE NORTH 74°23'42" .EAST 24.81 FEET TO THE NORTHERLY. · ._ .. . .. BOUNDARY .OP SAID CERTAIN PARCEL Q.F LAND; THl~NCE EAST.l;l~L.Y', $0.UTHEASTERLY .. AND S.OUTHERL.Y ALONG THE NORTHERl.Y,NORTHE:ASTltRLY AND EAS,TERLY · .. ·BOUNDARIES OF SAID CERTAIN PARCEL OF LAND TO THE POINT OF BEGINNING •. .EXCEPTING Tl~IEREFRO.M UNTO· THE couN;rY·o1= Los·ANC:IELES; AL.L 011.>.GAS·, .: .· : HYDROCARBON, OR OTHER .MINERALS ·IN AND UNDER Al:fOVE DESCRIBED PAliCE;L OF . LAND· w1rHOUT THE RIGHT.OF S.URFACE ENTRY FOR.THE DEVELOPMENT THEREO'F, Aff . RESERVEO. IN THE DEED. RECORDED APRIL. 27, 1982 AS INSTRUMENT NO. 82H431558 '. · Oi= OFFICIAL RECORDS '·. . . .. : . . . ~ . ~~ .. , . ·~.~:.!. . '. , .. ,, • • .... 11.\1 . ... · .. . : : ...... : . : . . ~· . . . .. : '· . . . .. B-19 R6876.0054\879035v7 8/4//06 EXHIBITB PROJECT DOCUMENTS [See Attached] 19 Site Name: Ryan Park Site Number: LA02999 B-20 FTE!JJSYMBOLOGY SHEET INDEX 1£GALDESCRJl'T/Oll llT1Ul1E5 5¥.MBal IJESCRJl'T/Oll COUH1' I SllEETNO. SHEETTT1l£ TTTl£11EPOfrTIOENTIFICAT70H I LEGALDESCRJl'T/Oll I GEOIJET1CCOORDINATE SVRm' £C1A EDGEOFlWtr I I OFT rmEJ>EEr I 2 OFT SU5TRUC1Ul£"1FIWI T.B.D. T...._ LltmllE n·.e"D6.01'N ... ,.., g;g__ VERIZON CALJF. /UTE) l.tJffGml)E 111"%14.lnt' I J OFT "'1'.US llcb-,.,,,_ Wit MffTELllE JIXJH.-Zlf9W. t61nd5t. I <OFT -'"".US Rll/.t.o,Ctf2J7'4 ~lbdl,c.smn I SOFT S11FaEYATIOH Ffrnr.(909)QD.!dllJ Pfow:(JID)m-4t59 ltO.W. RJGHT"OFWAY , d OFT l'1Jr110CAL"'1'.US I TOFT 1l1'0>WfiC511MY E.O.P. lJ:ll2'DFPAman' PROJECTTEMf en. CDfTERUE C/F """'"" 1111 II II 1111 1111 ~ 1111 ·Mobile· ENGINEERJHG COOP.ANY: Pl.ANH/NG COHSllf.TANr: ..... _ ......... ---tD!UO~/J/t'd.SU/tat nfttm Td:IDSari::a" Alitdcr!Hfl1.CL91MS 5'1tlA:tsiA~.Sfb211Z Pit PRCHRTfl.llE (ltl}8'JIS-2JSZ ___ ,,.,,,,, Ftaw: (l14} 799-2aXJ!lct. .JQS F.r:{1UJ19'r2t1lf1 -x-x-x-x-x-lfHCE 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 APPIJCAN[: WAIL Phone: (714) 850-2400 , ........ 'k1J:a*IA1m:nll:t',..R*1tl'lJ SwJCiAM,CAf1Z7117 Fax:. (714) 850-6690 l'bone:(l'U)li!51-l«l1 l?F#I """""r h;c(114}~· ~ lllJSHES SITE #LA02999A -Robert E. Ryan Park Sllil'EY COOP.ANY: Ci 7R£E --HAWTHORNE BLVD.(N7) e-ir. t»M:::Garmt:*AMt.Sl.itlJllCU DUPRE DR. Cc:st.l.Ym..GlR'Z&M @ llTVTYPOtE l'honc(1UJ5SMSU Flo::(1t.f}S11·t561 * STRIEl'UGHT . IW!lrHiJl£TUt/mfETSK;i( PROJEr:T DESCll/l'T/Oll Al'PROVAJ.S VICINTTY MAP ms PRD.E.rr CDH!ilS1S OF11E IH5TAUA110H Ii OPEllA110H OF ANTENNAS a ASS<XlAral EQ.UIPMEHT. APPROVED BY: NAME SJGNATIJllE INfTIALS DATE REFERENCE: 2005 ~Bmlhlnlbp~,.,,,. LAB22-H3 (1}-t~ DIRECT10NAl.ANTE1#/ASMDIMTEDAT2T-6" NJO'IEGRADE, (t}-24.2SX48"xt7.2.5" DUAL T"""1URF ~~ \\~ x °"""GUY M!ElSELECT111CAJ.METERPEDE5TAL, (1}-t7'X3fl'XJ(J"VAl.f.13', {l}-2"3'x3'VAOCT, (l}-tntl4'ct0.6J"RBS23D/J T-MDl!tl.EstTESP£rWEr MJCRfXS. WITH (t}-7.5"Jc9.5"5.26"'.IER. CALIF. (GTE)NIUAND(t}-6"JtSltd"POWFR.JfllCTKJHBOXHOUSED T...wm&EmE'ACQ.REP. ll&DE (t}-25"z36"Xtl!"CHAlffU.SFH 1<1/J EJ/Cl.DS/JRE PlAaz> OH (l}./Ux<l!".xlf"CDNa/ETE P,4JJ WITH ...,..,,., b ~ '0) <> FlREIM!RNfT A42"HIGH ~lM" BLOCK WALL ON 1l\OS/DG FOii El/PIPMENT5CREEHJHG. ,.,,... C£1!MID/l'S: . l/1Zl1YIW.VE .,. ~ .. !QI llTVTYJWH%E ~~ GI .....,._ ~ ~ ~ .. . ,,,_..,,,. ~ . _..,,,. $~ ~ """"""""""' """""' ....-"'-_,,,.,,,. ees~-" REVISIO/IS PROJECT HO.: .....,.15 l'fRlltTNO.: """ ~ "' T.aG.llAPNo..: "'"""" "'"" tWOCAP.--_,._ .... nmu TRDICHRXJTAGE: -""' """°'""'" ..... fP """"1'~11C. -_,.. __ .... 1:-~~~'=~~~ ·------ENOHE!lmB» CLS. ~re DIJ.:lf6.D5 """"' LmN«1EJES ----.... DRIJ'Tmllr: cu ,,,,,,_ ltlrE-l.AIJ2999A ---a .... • • • • • tF • ·Mobile· ORJGJNAL S1JBM!1TAL /JA7E': Oll-29-o5 """...., {Pf1EUMIWIY ADDRESS) SHEETrmE -V2HAWTHOllNEBLITI. =--RANCHO PALOS VERDES, Cl 90275 ..... .,. ..... 77TLESHEET ~~~Ill l'IANlb.: Dll0501f ISHEEr l OF T -:-'-: .1 ~ -~-_, . :.,::ts.i.~~~ii{~ B-21 llifil; VAULTS TO BE EQUIPPED WllH PUWNG IRONS AND RACKS (LID TO BE MARKED T-MOBILE). VER. CALIF.(GT£) TO INTERSET 2• SIUB OUT & CONTINUE TO Sm: LOCATION TYPICAL PULL VAULT & INTERSET VAULT DETAIL 1.:-;~· ~ .. ~ TYPICAL (SPLICE) VAULT i~:t (UDTOS(IUJ!lllilfMliCOl.(ca.al) Pll.LmUES .SHALL BE NEW MATERIAL, FREE OF KNOTS, KINKS, ANO ABRASIONS. .SHALL BE Pl.ACED AS A SINGLE CONTINUOUS LENGTH IN EACH. .SHALL BE SECURED AT FACH ENO • • SHALL BE NEW 3/8" POLYPROPYLENE ROPE WllH l!INll.IUY 2,200 TENSILE SlllENGTH. T-MOel.E cotmlACTOR TO MERCEPT EXIST. 2· VER. CALIF. (GTE) CONDUIT ANO PLACE 1-17"x.JO"x.JO" INTERSET VAULT AT TIHIS APPRO~MATE LOCATION. (NOTE: CONTIRACTOR TO PLACE PULL ROPE FROM EXIST. VER. CALIF. (GTE) VAULT TO PULL VAULT.) HIOEll..EcotmlACTOATOFSKM: EXIST. t.NERS ELECTRICAL METER PEDESTAL ANO REPLACE WllH NEW 24.25 .. x4B"x17.25• DUAL MYERS 8.ECTR!CAL METER PEDESTAL AND NEW 2B.25'"x21.25•xa• CONC. PAD. VMl..Tu:ic:1'TICNJ (HOTf: m. DlS&llS m£. 10 coom Of Si11UCIU!!£J """'""' """"' •r30•&30" umRSElVAUl.T 1161"± E. C/LDUP!!E DR. lr ur H.Of' llOJR!fX:EP»l!OHGll:XGSllD. -h·--· --· -----256.5":!:E.Cjl..OOPR(al.A:1.25'S.Cl'S.CU!l!f"J.CEPJ.'\lCltE>la:ss!E. 301':!: E.C/L DUAAE:M. lr2S S. Of'S.CURBfACt PJ.R:U!GLOL ees -·· .. ,,,,._,,_,, --PRESCOTT COl&UICAllONS flC. · • • · • ql • ·Mobile· ---lnbl,.c.\82:1114 r.:-:~~lllJ Q.1.1.'fUUl'nDllllS. --m TICKET # ------ THE l.!JCATIONS A/ID EXISTENCE OF ANY IJN1JE1/Gl/alJM PIPES, Sl1IUC1Ul£S Oii catDUlTS SHOWllONT1USPWIMGE06TAMZ>BY A SEARCH CF AVAILABLE REaJRDS. TIERE. AMY BE EX UT1l.IT1ESOTHER TnWTHOSESHOWNat T1US Pl.AN. 11£ CONTRACroll IS llSJIJ111£D 70 TAXE PR£CN/T10NMY /JIEAStm£S TD PROTECT 7HEUT11.JlrUESSHOWNANDANYrRHERUNES NUT SHOWN ON 110S PLAN. STA. NO. llS+29.01 C/L HAWTilORNE BLVD. (N7)= STA. NO. o+oo c/L DUPREE DR. ne.u @ G) G> OE5CAlPTION 131'-0" IITTERSET VAULT 1 TO (PULL) VAULT 2 1-4" SCH. 40 PVC CONDUIT (VER. CALIF. (GTE) 142'-o" DUAL MYERS METER TO SPH 1420 1-2" SCH. 40 PVC CONDUIT (I-MOBILE PWR) i~°4-0 ~c<:i'~J ~L~a2NJ8ITS~4~F. (GTE) & & & R • .(-(/" 11 •.(-ff' R •.(-ff' 4 · m• 4-W' 4: • •' l • C-l" L • 1'-T l • .r-l" 1.l'l!IO\lCIM:l;ll:CllC>PCCS»rr~lolOllA:llQC)IJttJC Q)Ul:!i(CS~fllla.tlit~twU.f\Ul'ecn.IPl.T ~~~~io#f~ICJCW"l'1l l. ..U.MJUS>WJ.Cl:Nt)l:llll:ltlfturatQlll'ICIHOFCOU., IU,.UO tHtS't.<HIWC"R'~fllllf'l.ltu:~~.u ~~QIT.c:r»f!TaA$W't.Ull:IClnllll!'~l'IJJCI 5. ~~~~M~~lgrk, .. ntt~IWU.llCTfT'llC:Cll'l'.CMllTCll$W'([loQ<ttll 41~4'0,£ "IV.e .6'.t ,,,,_ '.G/~01 NOTE TO cotmlACTOO EXTREME CARE ANO SAf£IY MEASURES WJLL BE TAKEN TO PROTECT TIHE PARK PATRONS, INCWOING CAUTION TAPE. BARRICADES ANO WARNING ~GNS ~~~="~~~~TWil~ltTCU: J. :it~~~~~~~~ NC~f'lattlltatT,Q:IUNTl'OilSWL a. il:i~~~~~~DPfll.l'Of~tr L ~~-lll~~~~~lHJCIC!lt:U051Wl..at UT1LITY UNETfPE l..EGEJID ~~~~~-T"'1BllEtrNUT·~~~~~ --------l'OfffR-------------G<S-~-----~-----~~mi~-----~ --···--··--------···-------·--S111£EIJJCHT-------_______ .,. _____ ....,, _____ _ ------CUUJV------- ""'""'""'""'""'s.SllXIJ/DtWN=======: IF NECESSARY. ~ =--«~··~ K:trr.s .. "'- T-MOEll.E cotmlACTOA TO FLACENE\i/4" OLI. x #" TAUL POLE TOP EXTENSlON ON EXIST. 25'-o• TAUL ROUND SlllEET LIGHT POLE toR ANIDINA MOUNTING. T-MOEll..E CONTRACTOR TO Fl.ACE 6-B"x8"x.l6" IWUlOAD TIES WllH 24•,35• LANDINGS IN BETWEEN FOR ACCESS STEPS TO ~i:M8~uTllfu ECtUl~rfiilTiff-lilf:'lfu~ ~l.)fs1\llM\i8/iiTO !~ ~~T0~~-1.:25'.~·:~1!. (~~ ~~o NOffTll ARROW if 10.ll<t~DW.J.l\.la<ll...U.Cl.RO.llOc:urml:S~DCRt.iu. CXJHatUtOllM)U,TSllO~IJfHi:~OFnttcrr, '1llllltfoan.ut-=~ 11.~»0~~COJllTl'~~~AlH 11-UJ..5Nllli=t,""'4TSOllT!la:Slll.IJt\!Kllll)l~~txmJUDI ~ir~~~~~~~~ ll.lr~a::c:llSlClllCa!'l"C.ecum't~l!!t~ ~ IWll!WaT lfltlf'r, TIWJ1C COlmlO., uc:mu:I; (llO) ll4+-$Ul, '11ltO'UIOlf!llC{llOC))~ \4.l.Jw.sftlCQ.ll'Sl'RDllllM:~flMlr~ICTF'T - -·llll;PQJa:'!IWTX:lli""""1(J1gJ:U..~•a•»11TIU:na:~1 (llO)JTI..CUC. 11.tHt~'SU-U:IUSl'QttUUrat'IK:rrt=ic:tr.iu. ~raMrroftl4MDOC:W:IHl'llCRD:IU&lllUOOUIT ~muG,cu:;.u;i.T~llW"T-uclllLlHtan'. eowi'ITQllS1Al'tMl.l.'l::l~Mmmtlltll.SUDUl4lm'taUlNCC~ TlltNOJllTCll'"~~nl:'!o:HJlll'ICtul~ 11.~l'OltSUl.S.Cl;Uc;UfSNQCTtOtm::!Cll'"~ N<£lJl!O?tmC mncs l"WI at11U.DC~nnc ~~~~=~~~~~ ~~~uoo:ir. 1'1. ;1t1.w:;.o:KUt~8CSDCU~Oll DCmJL ILCOl<llUl'R!mllQIOl!S;~~~~COIO.t!S 1'.~~ ' 'f•;;:o1~tt:M;nt f:Jl~SUNDDUl'f:S'/.lO 1JrJOi:a1:1~r..-rcu :ll!.'ll<l:lnD!Sncr:nu::i4.Wrrtlll'UUVL.l<tllSs:uD«:~IJll,O,l:t ~~Pm~.::£."'~,~~~..'?'~- l1. Pl;ltllll ltllUf!OIOOl'till~:tt!NC[ 12:0/2'°"- ll..~StlloU.l<CITTI'll<.~•tn=a:iwl'JH:ll'll<lltttlAtt l"Rl:l'l11:1tt.UlttSWIJU. """ am 11WC1D MUIS' KRt:e aunr. l.DSAllJElES ""'"°" LAQ2999A ~ I I~---------~~--------il:=7- SUBSTRUCTURE STTE PLAN ~•~ ... ...,.,.. ,....,,. ''-.f B-22 10 T-MOLB!LE POWER & lEl.£0 SOURCE LOCATIONS I ... ..,.._ I I I ... , CeiS oalll• ::=:::'"" • • • • • IF • ·Mobile· ---nt.,C4DM ~tt3~" -!l'..j NOTE< ,-NO REBAR IS TO BE 86" I . PLACED IN CONC. IN I ""2!IlU I I 1E SPH 1420 LOCATION I I IFI I --------------------~(~~~~\Eiwt [5PHl I SPH I ~ • f!-.L-, ([ ~ ,: r~~:r :. ~ l~~- ;;;;;-·-=s Jll -•=M- -... -.......... ',, ', '',, lJ RAILROAD TIE SECURITIZATION DETAIL TOP VIEW 24" COMPACTED DIRT LANDING l\\ll' ~~Si!El/i&'j,GREGATE ~ I 5o· I ',, \ TYPICAL ACCESS STEPSPLACEMENT DETAIL SCALE:l "=2' CONCRCTE PAD DETAIL SCALE:l "=2'' P'lar ,,,1' / ,,·"'' \ \ \ \ \ \ \ \ I / I I I I \ I \ \ \ \ \ \ \ I I I I I I I I I I I I ' > ,-l~~-D-CAP=CONlll.\-CD_N_Du~filf'l-F"ir'_R_'VM3u=our-RE~I ocrAL•A• SCAl.Er-6' ITB.U G @ SPH 14 20 ENCLOSURE. cesaFTION 43'-0" SPH 1420 TO (SPLICE) VAULT 13 2-3" SCH. 40 PVC CO~DUIT (T-MOBILE COMM.) 6'-0" (SPLICE) VAULT f3 TO SITE POLE 3-2" SCH. 40 PVC CONDUITS (T-MOBILE COMM) 4'-o· SPH 1420 TO FU1lJRE SPH 1420 CONCRETE PAD R£BAR DETAIL PROFILE A L Propmd&oowU~ Rep!occ base Cnd flnlshcd :wrfocecqua!toQl"~lcr than 111X1stlng 01 per agency 1tondord1 and approvol of elly, county or stole Inspector. -l f· MINI PROFILE B "' ...... =- ~~--= NOTES: 0 •--•-•u-A.:luo+a~m...,, -)1--11.!S~ ©.u.a.1.a..s-£Cwrar ©ur:s.D .. mct!ICC&D UWUCDIWS:IML.K @1;JD1£CH.Gll'I. ©---...... SCALE:t "=2" ©---·--raGOtt;£m.ta:J @MllKi:rl:P''IC..-IXa :::,~::!~~ ®...ana_,_•UNVAC .. on:a11 ..... JmN!,. _,, __ &i..t. _l<.GJ __ ,._ mtea11S:llU.Ul'll~ ®-"-..u.•IWICO © 0 © 1-2" SCH. 40 PVC CONDUIT (T-MOBILE lEl.£0) TYPICAL CONDUIT PLACEMENT DETAIL (TRENCH) N.T.S. ®=~=== ©S~~-=ui: 4'-o" SPH 1420 TO MURE SPH 1420 1-2" SCH. 40 PVC CONDUIT (T-MOBILE POWER) 4S'-O" MURE SPH 1420 TO (SPUCEl VAULT #3 2-3" SCH. 40 PVC CONDUIT (f-MOBll.t COMM) ~UTUJTIESNUT'E utJi.JTY UNETYPE LECiEND THE UJCATIOllSNID EXJS1ENC£ OF NIY T~Ct!IDIT l/ll/J£1IG/IOIJP!Pf!I. S111WTVR£SOllr:tJND/JHS _______ ,,,..,, _______ SHOWN ON 11IJS Pl.AN fffRE OBTAINED BY A -----~--O<S-----~-- SEARCH OF AVAllABLERECORDS. TIERE .H4Y BE -------HH.nii' EX. unllTlESOTHERnwtTHOSESHOtff{ON --·---··------·--··-- THJSPUJI. TIEaJrV'l'lW:lr)RJSREQll1RED 1?1 ------smEETUGHT-----·--Oii.-------WCE PR£I:AU1'IOtWiY llEASVRES TO PRUTECr ______ ,.,,.. ______ THE urJUTYlJNES SIKIWNANDANYUTHERWIES ----·--CAJX.£1V------- NOT SHOWN al THIS PUJl lm>llllllMI ~-iKNTTHARRoW REYISIOHS if . .,, ,.__ --~-~•~ ---------... ------a o4 """" , .... --.,,,.,.,. --"' T.aG.IW'Ml: .. ....,,, "'"" ... ~ TDT.U 1RE1Q{ RJOTNZ: 1%1 """ IWOIDIW.DS,..... -_,,,, c.u ZM.Je C'da.D5 """"' U1S-.S ... DRAFffD"" t:£S. """' Dlla<tll .,,.,.,., LAD2999A ~ ORJGINAL SUBMlrTAL AA.TE: 08-29-0!5 """"""' (PREJJMINARY AtJilESS) S>UTTTt!E -HAWTHOllNEBLK>. DETAILS RANCHO PALOS~ C190275 B-23 B-24 B-25 Ii I i B-26 ;g NOuanaS'Ja I I I I I I I I I I I I I I I I I I I I I !i.l.C:06 V::> 'S30!13A S01Vd OH::JNV!I ~ ~. i ~ ! ~.1 'OA18 3N!IOHJ.MVH U~ 6?&0& '~ ~ 666~0'11 ll ~ § r-J 1--~~~~~~~~~~~~-l§._.~o~il ~ A3J\MnS :>IHdVM~OdO.L • ; I I I I I I I I I --------- ll . B-27 EXHIBITC EASEMENTS The easements for ingress, egress, access and utilities required by the Licensee are desribed as follows: R6876.0054\879035v7 8141106 [See Attached] 20 Site Name: Ryan Park Site Number: LA02999 B-28 .IS OF BEARINGS: 'CENTERLINE OF HAWTHORNE BOULEVARD BEING NORTH 89"07'32" f PER MAP OF TRACT NO. 32673, M.8. 875 / 60 62, \, TflJ.\CT NO. 32673 / / / 1'~ J\JJB. 876 j 60 ~ 62 /// )ROS OF LOS ANGELES COUNTY. E REPORT IDENTIFICATION: -o"~-()~", ~~ra~, ();§f7(7 - - ,~, u"':.. ~6' '-"'.sti ·'" UlY NATIONAL TITLE COMPANY PRELIMINARY TITLE REPORT: ORDER '9712168-A, DATED AS OF AUGUST 3, 2006. I ESSOR'S IDENTIFICATION: I 0 o"' " 'ANGELS COUNTY A.P.N. 7588-018-901 I ;;"'· I ("'> "'i'o;;-. S• A.P.N. 7588-018 --0s-e ~ ! ""' <,,,. I' ~"<J> ''.>o(}. ~ ........____ ACRES PER LOS ANGELES COUNlY ASSESSOR ·O~, "' ---....-. '1~~'<<: ~ ;--ii OF SURVEY: i030 LOT 30 -r~/ / I ~ROPOSEO T-MOBILE UTILITY EASEMENT / /// LOT 2D ---r· ?_5~-~~ ~EE SHEET 2 FOR DET~ -0-GEOOETIC COOROINA TE LOCATION POR LOT 84 AP N. 7588-018-902 SCALE: 1" = 60' • : ~ /, ST 30, 2005 l?~;.s....., 0 ~ O.oa., "' H MARK: S. BENCH MARK "BM 563" .cSTATES GEOLOGICAL SURVEY BENCH MARK "BM S63" AS SHOWN HE "REDONDO BEACH" 7.5 MINUTE QUADRANGLE MAP. f:::'Qf:?. >N: 565.5. FEET A.M.S.L. (NAVD88) \ ____ , __ _ \ ·• .1···· :;.: "' 0 w "' "" fu it ii: 0 "- 0 w ~ fu "' ll. 0 ::c c.. <( a: " 0 c.. 0 I- cl ~ ll: ).. ::; u a Ill ~ 15 ~ al ii: "' i:i ;:; a i5 a Gl "" "" " i:! I!! ~ :g " u; & ~~ t3 it Cl Gl ~ ~ a Cl "" <o <o "' ~~ ~I!! ~~ ~d .., "' -ci " limu§g~ z CL .... t0 --o.."":;:; <( "'N ~vi=z;-01 ~x w m!f iE~ 11111-~ uj~OIO ::(.!) ~~~;g u~ !E!;f~'T 15Do>-<{ui!,lf; tn~ g~:g~ ~tnO::::::Ew.:-.-. <t :::> 0:: :::0: ,....,..... fJaJ tn g<r-:- 0 I-' oD ::z:~ \ fmljzZgu; <t :s ..... ~ Ill , .. <l) ,..---1 • ""'1 ~,:.. .,.0 ~~ 0 u.i"' Ct) 15 . ~ ~~ "' a.,. ~~ Ill • w a. "' ~ "' SCALE: 1· = 20' DATE: 9/20/05 DRAWN BY1 YT CHECKED BY: 8.H. DRAWING: S02.006/LA02999 SEE SHEET 2 FOR SITE DETAILS SHEETJ_OF_g_ B-29 ' ~ " :Zl-I " '1 0 ' m----t ' CX> ".. g [\3 I :l> 'u :z r (Jlo Q) -l ~ '-{ m:::a . )> mn ""-, % \'.:);' '~ ''""' 0 ----1rr::::::....--1;;:---·~-r----n1 1 :::! -·-r f::l YI II "I I ~~ I m I I I I I I § I~ I TOPOGRAPHIC SURVEY ". g I P. "'i; ....... "' ii; " q LA02999 0 ~ .., g 2 "' 30349 1/2 HAWTHORNE BL VD IN i ~~ ~o ~~ RANCHO PALOS VERDES, CA 90275 w "' lD :f. "' ',~' CD 6o:i i$ 0 § PREPARED FOR: ~----t ----l5 m· oo:i l [\) m ".[ ~(!.) T II ·Mobile· 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, CA 92707 / / / / / '~ / ~> "E,/ / / / '~ '~<)&.,._ '':'~ / I / -v;p:$-A ·u(~~~- / L ____ -x--~ "'o~,,,~ ~~ I ~ ~ o oc======= PREPARED BY: "' o_ llBl!liJi!l :El4~B AN 0 ASSOCIATES, JN C. I -""- REVISIONS: LAND SURVEYING & MAPPING 3 10/17/06 ADDED PROPOSED EASEMENTS MDL 130 McCORMICK AVENUE, SUITE If 102 2 10/13/06 ADDED 771LE INFO cww COSTA MESA, CALIFORNIA 92626 1 11/16/05 REVISED SITE: ADDRESS DR 714 557-1567 OFFICE 714 557-1568 FAX NO. DATE: DESCRIP770N BY B-30 R6876.0054\879035v7 8141106 EXHIBITD P.C. RESOLUTION NO. 2006-7, AS ADOPTED ON FEBRUARY 14, 2006 APPROVING CONDITIONAL USE PERMIT CASE NO. ZON2004-00174 [To be Attached] 21 Site Name: Ryan Park Site Number: LA02999 B-31 P.C. RIE:SOlU'T!ON INO. 2CW6 .. ·1 A RESOLUT~ON OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APP.ROVING COND~T!ONAl-USE PERMIT CASE NO. ZON2004··001'74 TO ALLOW THE iNSTALLATION OF TWO (2) 2'"·8" HIGH DIRECTIONAL ANTENNAE MOUNTED ON THE EXISTING 25' HIGH UGHT STANDARD ADJACENT TO THE PARKING LOT ON THE NORTH END Of THE PARK, RESULTING IN A 27' .. 811 HIGH STRUCTURE, AND ONE (1) SUPPORT EQUIPMENT CABINET MEASURING 25"X36"X18" ALONG THE ADJACENT SLOPE, ON PROPERTY LOCATED AT . 30359 HA\NTHORNE BOULEVARD (ROBERT E. RYAN COMMUNITY PARK) WHEREAS, on April 8, 2004, the applicant, AFL Telecommunications for Cingular Wireless, submitted a Conditional Use Permit Case application No. ZON2004~ 00174 and associated Environmental Assessment to replace the existing light standard with a 35' high telecommunication antennae and a support equipment cabinet; and, WHEREAS, on May 7, 2004, the application for Case No. ZON2004-00174 was deemed incomplete by Staff; and, WHEREAS, on April 25, 2005, the City received a letter reflecting the ownership of the project antennae had been transferred to T-Mobile; and, WHEREAS, on December 13, 2005, Trillium Telecom Services for T-Mobile submitted a Conditional Use Permit application and associated Environmental Assessment to construct two (2) 2'-8" high directional antennae mounted on the existing 25' high light standard and one (1) support cabinet; and, WHEREAS, on January 9, 2006, the a·pf)ilcation for the Case No. ZON2004·· 00174 was deemed incomplete by Staff; and, WHEREAS, on January 25, 2006, after receiving additional information and verifying the mock··Up of the antennae on the existing light standard, the application was deemed generally complete for processing; and,· WHEREAS, pursuant to the provisions of the California Environmental .Ouality . Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit Case No. ZON2004-00174 and associated Environmental Assessment would have a P.C. Resolution No. 2006-7 Page 1of5 B-32 signifitant effect on the environment and, therefore, the proposed project has been found .to be categorically exempt (Class 1, Section 15301 ); and, \ WHEREAS, after notice issued pursuant to the requirements of the Hancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 14, 2006, at which time all interested 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 f~ESOLVE AS FOLLOWS: Sectio11jl The Planning Commission hereby makes the following findings of fact with respect to the application for Conditional Use Permit Case No. ZON2004- 0017 4 for the installation of two (2) 2'-8" high antennae mounted on the existing 25' high light standard and related equipment cabinet: · A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by the Development Code or by conditions imposed to integrate said use with those on adjacent land and within the neighborhood because the proposed project complies with the City's development standards for commercial antennae installation; the proposed antennae and support equipment do not encroach into any required setback areas or exceed the height 100· feet for an unguyed tower; there is adequate off-street parking to meet the requirement for two (2) off- street parking spaces for maintenance and service vehicles; and the antennae do not require special markings or lighting to comply with Federal Aviation Administration (FAA) requirements. . . .. "·""· B. The site for the proposed Lise relates to streets and highways sufficient to carry the type and quantity of traffic gene.rated by the subject use because the subject property is served by Hawthorne Boulevard and Dupre ·Drive, which are public streets that are fully improved with curbs"and sidewalks; and tl1e only traffic expected to result from the proposed project is an occasional service vehicle for T-Mobile at nights every few weeks for maintenance. C. 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 involves only minor physical modifications to the existing site; the support equipment would not gener~te any significant noise and the painting of the antennae to ... P.C. Resolution No. 2006-7 Page 2 o'f 5 B-33 match the color of the existing light standard would minimize its visual impacts. In regards to radio frequency emissions, the City is prohibited from "[regulating] the placem19nt, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [Federal Communications] Commission's regulations concerning such emissions," pursuant to the Telecommunications Act of 1996. D. The proposed use is not contrary to the General Plan because the subject property is designated Open Space Recreational, which states that "[recreational] uses are those areas held by public agencies and developed or proposed for development for active or passive recreational activity ... additional recreational land may be designated after more specific study is made. of subcommunity needs"; and the implementation of screening techniques (i.e., painting the antennae to match the existing light standard color, locating the support equipment in an enclosure on the adjacent slope is consistent General Plan goals and policie.s __ calling upon the City to "ensure adequate public utilities and communications services to all residents, while maintaining the quality of the environment" and "[require] adequate landscaping or buffering techniques for all new and existing facilities and networks, in order to reduce the visual impacts of many infrastructure facilities and networks." E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by RPVDC Chapter 17.40 (Overlay Control Districts), the proposed use complies with all applicable requirements of that chapter is not applicable because the subject property is not located within any of the overlay control districts esta6fished by RPVDC Chapter 17.40. ·F. Conditions of approval, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed and·· include painting the proposed antennae to match the color of the existing light standard in order to reduce their visual impact, ensuring that the proposed antennae will not extend higher than 100 feet to protect views from surrounding properties; prohibiting the use of a back~up generator for auxiliary power so as to avoid significant noise impacts; and limiting construction hours the City's standard days and hours (i.e., 7:00 AM to 7:00 PM, Monday through Saturday only). P.C. Resolution No. 2006-7 Page 3 of 5 B-34 G. The required findings that no existing or planned tower can accommodate the applicant's proposed antenna or proposed service area, or that the proposed tower cannot be located on the site of an existing or planned tower is not applicable because the proposed project does not involve the construction or placement of a new antenna tower. Section 2:. The approval of Conditional Use Permit Case No: ZON2004-0017 4 is consistent with the City's VVireless Communications Antenna Development Guidelines. §ectfon 3: The approval of Conditional Use Permit Case No. ZON2004-00'l '7 4 is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and 17.'76.040(1-1) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no. J~ter than fifteen ·'(15) days following February 14, 2006, the date of the Planning Commission's final action. Section 5:. For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records o'f proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit Case No. ZON2004~0017 4 thereby approving the installation o'f two (2) 2'-8" high directional antennae on the existing 25' high light standard, resulting in a 27'-8" high structure, and the installation of one (1) new support equipment cabinet measuring 25"x36"x18" along the adjacent slope by constructing a concrete pad, 7'-2" long and 4'- 6" wide, on property located at 30359 Hawthorne Boulevard, subJect to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare iii th-Efr;area. .... P.C. Resolution No. 2006 .. 7 Page 4 of 5 B-35 PASSED, APPROVED, AND ADOPTED this '14t 11 day of February, 2006, by the following vote: AYES: Gerstner, Mueller, Tetn~ault, Knight~ Karp, Perestam NOES: none ABSTENTIONS: none ABSENT: none U-~-Paul Tetreault Chairman ·~· P .C. Resolution No. 2006 .. 7 Page 5 of 5 B-36 GENERAL Exhibit "A11 Condlitions of Approval Case No. ZON 2004 ... 001'74 (Conditional Use Permit) 1. Within ninety (90) days following adoption of this Resolution, the applicant shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said statement shall render this approval null and void. 2. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Othetwise, any substantive change shall require approval o'f an amendment to Conditional Us.e Permit Case No. ZON2004-0017 4 by the Planning Commission and shall require a new and separate environmentarreview. 3. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the OR (Open Space Recreational) district development standards of the City's Municipal Code. 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revol<e the approval of the project by the Planning Commission after conducting a public hearing on the matter. 5. If the proposed facility has not been established (i.e. building permits obtained) within one (1) year of the effE:lttive date of this resolution, or if construction has not been completed within one hundred eighty (180) days of the i8suance of building permits, approval o·f the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Planning Commission. Otherwise, a conditional use permit revision must be approved prior to further development. 6. In the event that any of these conditions conflict with the recommendation and/or requirc~ments of another permitting agency or City Department, the stricter standard shall apply. 7. Unless otherwise designated on these conditions, all construction shall be completed in substantial conformance with the plans submitted and stamped with the effective date of this approval. . .., EXHIBIT 'A' P.G. RESOLUTION NO. 2006·· 7 Page 1of3 B-37 8. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be p0)rmitted on Sundays or on legal holidays. COl\)DITIO~AL. USE PEHMIT CA$.l;.l':10: ZON2004--0017 4 9. This approval is for the installation of two (2) 2'-8" high antennae on the existing 25' high light standard, resulting in a 27'-8" high structure. The antennae shall be painted to match the color of the existing light standard. 10. The new support equipment cabinet measuring 25"x36"x18 11 shall be located along the slope by constructing a concrete pad, 7'-2" long and 4'w6" wide. a. The concrete pad shall be barricaded on two sides with 3'-6" high downsloping retaining walls. Applicant shall be required to obtain appropriate building permit for said walls. b. · The support equipment shall be enclosed with a 3'-6" high cha'in linl< fence, connected to a 3'-6" high metal guardrail on either side of said at-grade steps. A gate with . locking capabilities with a "No Trespassing" sign bearing the T-Mobile logo shall be installed. c. The chain link fence shall be screened with nine (9)-five (5) gallons of the drought-tolerant variety of rhaphiolepis indica ("Indian hawthorn") shrubs. 11. The applicant shall place six (6) -8"x8"x36" concrete steps with 24"x36" landings in between for access steps to the enclosure location. 12. This approval does not include the use or installation of a permanent back-up generator for the antenna support ·eq.ufprnent. Any 'future request for a permanent back-up generator will require the approval of a conditiqnal use permit" revision by the Planning Commiss.ion. However, the use of temporary back-up generator during emergencies or extended· power outages is permitted, provided that the generator does not exceed 65 DBA, as measured from the closest adjacent property line. 13. The support equipment shall not gi:;nerate noise levels in excess of 65 DBA, as measured from the property lirie of the su.bject property. Any additional sound attenuation measures to achieve this standard shall be the responsibility of the applicant, and shall be subject to the review and approval of the Director of Planning, Building and Code Enforcement. 14. Prior to signing of the. lease agreement with the City, the applicant shall establish a $1,000.00 trust deposit with the City to ensure that the antennae EXHIBIT 'A' P.C, RESOLUTION NO. 2006·7 Page 2 of 3 B-38 /and the suppori equipment are installed in accordance to this approval. , Within thirty (30) days of installation of the antennae and the support equipment, the applicant shall contact Staff so that Staff can perform I inspection of antennae and support equipment installation. The trust deposit shall be returned to the applicant if Staff determines that the antennae and ·the support equipment were installed correctly and/or the applicant performs any corrective actions required by Staff to Staff's satisfaction. 15. This Conditional Use Permit shall expire ten (10) years after its approval date; at such time, the wireless antennae and all related equipment shall be removed from the site. However, the Planning Commission shall grant an extension to the Conditional Use Permit provided the service provider demonstrates that the antennae and related equipment are not using obsolete techn9logy and are still in use. EXMIBIT 'A' P.C. RESOLUTION NO. 2006~'7 Page 3 of 3 B-39 P.C. RESOLUTION NO. 2017-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES EXTENDING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF AN EXISTING T-MOBILE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED ON AN EXISTING LIGHT STANDARD AT 30359 HAWTHORNE BOULEVARD (ROBERT E. RYAN COMMUNITY PARK) UNTIL FEBRUARY 14, 2026. WHEREAS , on February 14, 2006, the Planning Commission ("Comm ission") adopted P.C. Resolution No. 2006-7, approving a Conditional Use Permit (''CUP") under Planning Case No. ZON2004-00174, allowing T-Mobile to install two 2' 8" tall directional antennas mounted on an existing 25' tall light standard (total he ight 27' 8") and service equipment located along the adjacent slope (Case No. 2006-00174). Cond ition No. 10 of P.C . Resolution No. 2006-7 states that the CUP shall expire 10 years after its approval date; at such time, the wireless antenna and all related equipment shall be removed from the site. However, the Commission shall grant an extension to the Conditional Use Permit provided that the service provider demonstrates that the antenna and related equipment are not using obsolete technology and are still in use; and , WHEREAS , on February 7 , 2013 , the Director of Community Development approved a ·minor modification to the Commission-approved CUP, allowing T-Mobile to replace two 2' 8" antennas with talle r 4' 2" antennas, associated equipment cabinets, and increase the height of the existing block wall up to 6' to screen the equipment cabinet; and, WHEREAS , on February 22, 2017, pursuant to Condition No . 10 of P.C. Resolution No. 2006-7, the applicant (Lynda McClung of Synergy Development Services) submitted a CUP application to extend the expired entitlement for the T -Mobile wireless telecommunication facility that expired on February 14, 2016 ; and , WHEREAS , on Ma rch 23, 2017, after reviewing the initial submittal of the project plans and application , Staff deemed the application incomplete due to missing information. After applicant's submittal of additional information, the application was deemed complete for processing on July 16, 2017 ; and , WHEREAS, on Ju ly 20, 2017 , a public notice was mailed to all property owners within a 500' radius of the site and published in the Peninsula News ; and , WHEREAS , pursuant to the provisions of the California Environmental Qua lity 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 proposed project has been found to be categorically exempt under Class 3 (Section 15301); and, WHEREAS , the Planning Commiss ion held a duly-noticed public hearing on August 8, 2017, at which time all interested parties were given an opportun ity to be heard and present evidence. P.C. Resolut ion No . 2017-20 Page 1 of 9 C-1 NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Conditional Use Permit is extended to allow the continued operation of an existing T -Mobile wireless telecommunications facility consisting of antennas at the top of an existing light standard measuring 27' 8" in total height and support equipment on the adjacent slope enclosed by a 6' tall wall at Robert E. Ryan Community Park until February 14, 2026 because : A The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks , walls, fences, landscaping and other features required by the Development Code or by conditions imposed to integrate said use with those on adjacent land and within the neighborhood. The T-Mobile facility complies with the City's development standards for commercial antennae installation; meets setback and height requirements; there is adequate amount of off-street parking spaces for the maintenance and service veh icles ; there is adequate screening provided for the on- ground supporting equipment; and the antenna does not require special markings or lighting to comply with Federal Aviation Administration requirements . B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. The continued operation of the existing wireless telecommunication facility will not generate additional traffic since any required service will be part of the current routine maintenance schedule for the existing antennae panels and re lated equipment on the subject property. Typical maintenance usually takes approximately 1-3 hours to inspect the overall site integrity and perform operational calibration. The impact created by the occasional service vehicles is negligible. C. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. The request does not involve modifications to the existing use and structure. The maintenance to the facility is conducted on an as-needed basis. New traffic will not be created with the continued operation of the wireless ·telecommunications facility as its existing operation has not created any known significant effect on adjacent properties. The existing equipment is surrounded by a 6 ' tall retaining block wall enclosure, and does not produce significant noise and the existing antennas continue to match the color of the light standard . D. The proposed use is not contrary to the General Plan. The General Plan's Urban Environmental Policy No. IV (General Plan, pages 100 and 138) states , "It shall be the goal of the City to ensure adequate public util ities and communications services to all residents , wh ile maintaining the quality of the environment." The existing T-Mobile wireless facility will continue to provide improved communications services to its residents . In addition, Infrastructure Policy No . 8 in the City's General Plan requires "landscaping or buffering techniques for all new and existing facilities and networks, in order to reduce the visual impact of many infrastructure facilities and networks." The existing T -Mobile antennas match the color of the light standard on which they are mounted, and the related equipment is screened within an enclosed equipment area. No changes are proposed to the existing T-Mobile facil ity . E. Conditions regarding any of the requ irements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety, and general P.C. Resolution No. 2017-20 Page 2 of9 C-2 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; maintenance of structures, grounds or signs; service roads or alleys; and such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title (Title 17-Zoning). The existing T -Mobile antennas match the color of the light standard and the support equipment is screened within a 6 ' wall enclosure. Additional landscaping is be ing required around the wall enclosure for additional screening , as no modifications are proposed to the ex ist ing antennas or associated equ ipment. Section 2: The extension of the Conditional Use Permit (Case No. ZON2017- 00074) is cons istent with the City 's W ireless Communications Antenna Development Guidelines because : A The City processed the subject application in an expeditious manner, based upon the timely subm ittal of all requested information from the wireless telecommunications service provider applying for the permit. B. Installations on existing buildings , light standards , utility poles , and other structures on public property or comme rcial, institutional and multi-family residential property was encouraged . The T -Mobile antennas are installed on an existing light standard , wh ich is located within a publ ic park. The supporting equipment is located adjacent to the park ing lot of the public park . C. The existing antennas are not co-located on an existi ng site with other antennas as it is not feasible given the height of the l ight standard upon wh ich they are installed . However, this is the second light standard to be equipped with antennas at the park , thus maximizing the co-location of antenna at one site . D. The existing view corridors are being preserved as no modifications are proposed to the existing T-Mobile wireless facility. E. The proposed request will continue to provide improved recept ion for T -Mobile customers in the vicinity, which benefits the public and less on financial gain that the wireless carrier may receive in return . F. The applicant provided a Propagation Map for the specific area identifying signal strength including othe r T-Mobile sites . Furthermore, the applicant also provide an additional map illustrating all T-Mobile sites within City boundaries and service coverage . G. Photographic simulations and full -scale mock-ups were not requ i red as the applicant is not proposing modifications to the existing facility , but rat her to allow the continued operation of the wireless telecommunications fac ility. H. Updates on w ireless communicat ion technology are required every 5 years to identify both new and emerging techno logies, as well as outdated or obsolete techno log ies whose facilities and infrastructure could be replaced or removed . The submitted plans show the ex isting facilities to remain with no removal or upgrades to the existing infrastructure. The applicant submitted a RFE-EME Compliance Report and Statement P.C. Resolution No. 2017-20 Page 3 of9 C-3 of Compliance which indicates that the facility is running at full power and continues to be in compliance with FCC Rules and Regulations. Exhibit 'A' includes a condition which requires the provider to continue submitting periodic updates every 5 years for the facility. I. All accessory support equipment are adequately screened by a 6' tall block wall enclosure. In order to further screen the appearance of the existing block wall from the public park, Exhibit "A" includes a condition to plant nine, 5-gallon rhaphiolepis indica ("Indian Hawthorn") shrubs along the retaining wall and chain link fence within 60-days of approval. J. The Planning Commission is granting the requested extension for 10 years, and language to this effect has been included in Exhibit 'A'. Section 3: The extension of Conditional Use Permit is consistent with the zoning and land use authority reserved to the City pursuant to the Telecommunications Act of 1996 because the City's regulation of commercial antenna does not unreasonably discriminate among providers of functionally equivalent services; does not 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 after the request is duly filed, taking into account the nature and scope of such request; the decision to approve this permit has been made in writing and supported by substantial evidence contained in a written record; and the City's conditional approval of this request has been made irrespective of any actual or perceived environmental effects attributable to radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. Section 4: The approval of this Resolution supersedes all Conditions of Approval that were a part of the original approval under P.C. Resolution No. 2006-7 and any subsequent amendments. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 PM on Wednesday, August 23, 2017. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on Wednesday, August 23, 2017. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-20, extending a Conditional Use Permit for an existing T -Mobile wireless telecommunication facility located on an existing light standard at 30359 Hawthorne Boulevard until February 14, 2026, subject to the Conditions of Approval contained in the attached Exhibit 'A'. PASSED, APPROVED AND ADOPTED this 8th day of August 2017, by the following vote: AYES: Commissioners Bradley, Emenhiser, Leon, Nelson Vice Chairman James, and Chairman Cruikshank NOES: None P.C. Resolution No. 2017-20 Page 4 of9 C-4 ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tomblin Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2017-20 Page 5 of 9 C-5 GENERAL CONDITIONS EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2017-00074 (30359 HAWTHORNE BOULEVARD) 1. This approval supersedes all Conditions of Approva l that were a part of the orig inal Planning Commission approval under P.C. Resolution No. 2006-7 and any subsequent amendments. 2 . Prior to the submittal of plans to Building and Safety plan check, the applicant and/or property owner shall submit to the City a statement , in writing, that they have read , understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement w ithin ninety (90) days following the date of this approval shall render this app roval null and void . 3 . The applicant shall indemnify, protect, defend, and hold harmless, the City , and/ or any of its officials , officers, employees, agents, departments, agencies , and instrumental ities thereof, from any and all cla ims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal , equitable , declaratory, admin istrative or adjudicatory in nature), and alternative dispute resolutions procedures (including , but not limited to arbitrations , mediations, and other such procedures) (collectively "Actions"), brought aga inst the City, and/ or any of its officials, officers , employees, agents , departments, agencies, and instrumentalities thereof, that challenge, attack , or seek to modify, set aside, void , or annul , the action of, or any permit or approval issued by , the City and/or any of its officials , officers , employees, agents , departments, agencies , and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 4. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 5. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations , or any Federal, State, County and/or City laws and regulations . Unless otherwise expressly specified , all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply . 6. The approval shall become null and void after one year from the date of approval , unless approved plans are submitted to the Bui lding and Safety Division to initiate the "plan check" review process . 7. Pu rsuant to Section 17.78.040 , the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same resu lts as would strict compliance with the approved plans and conditions . Substantial changes to the project shall be considered a revision and require approval of a revis ion by the final body that approved the original project , wh ich may requ ire new and separate env ironmental review and public notification. P.C. Resolution No . 2017-20 Page 6 of 9 C-6 8 . The project development on the site shall conform to the Commission-approved plans and to the specific standards contained in these conditions of approval or, if not addressed here in·, shall conform to the OR, Open Space Recreation , standards of the City's Municipal Code. 9. Failure to comply w ith and adhere to all of these conditions of approva l may be cause to revoke the approval of the proj ect by the Planning Commission after conducting a public hearing on the matter. 10 . In the event that any of these conditions conflict with the recommendations and/or requ i rements of another permitting agency or City department, the stricter standard shall apply . 11 . Unless otherwise designated in these conditions , all construction shall be comp leted in substantia l conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 12. This approval is only for the items described within these conditions and ident ified on t he stamped APPROVED plans and is not an approval of any existing illegal or legal non- conform ing structures on the property, unless the approval of such illegal or legal non- conform ing structure is specifically identified with in these conditions o r on the stamped APPROVED plans. 13. The construction site and adjacent public and pr ivate 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 may include, but not be limited to : the accumu lation of debris , garbage, lumber, scrap metal, concrete aspha lt , piles of earth , salvage materials, abandoned or discarded furniture , appliances or other household fixtures. 14. All construction sites shall be maintained in a secure , safe, neat and orderly manner, to the satisfaction of the City's Bui lding Official. All construction waste and debris result i ng from a construction , alteration or repa ir project shall be removed on a weekly basis by the contractor or property owner. Exist in g or temporary portable bathrooms shall be provided during construction . Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners , to the satisfaction of the City 's Building Official. 15 . Perm itted hours and days for construction act ivity are 7:00 AM to 6 :00 PM , Monday through Friday , 9 :00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code . During demolition , construction and/or gradi ng operations , trucks shall not park , queue and/or idle at the project site or in the adjoining street rights-of-way before 7 AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equi pment. These areas shall be located to maximize the distance between staging activities and neighboring properties , subject to approval by the building official. All grading, landscaping and construction activities shall exercise effective dust control techniques , P.C . Resolution No. 2017-20 Page 7 of 9 C-7 either through screening and/ or watering. 16. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the applicant shall prov ide temporary construction fencing, as defined in Section 17.56.050(C) of the Deve lopment Code . Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of constructi<?n . 17. Fo r all grading, landscap ing and construction activities , the applicant sha ll employ effective dust control techniques , either throug h screen ing and/or watering . PROJECT SPECIFIC CONDITIONS 18. This approval allows the cont inued operation of aT-Mobile wireless telecommunication faci lity, originally approved by the Planning Commiss ion on February 14, 2006 under P.C . Resolution No. 2006-7, to allow commercial antennas to be mounted at the top of a 25' tall light standard , totaling 27' 8" in overall height. The w ireless facility includes two 2' 8" antennas and three twin AWS TMA's . This approval also includes support equipment within a 6' ta ll retaining block wall enclosure adjacent to a slope at the northern edge of the parking lot. 19. The 6' tall support equipment cabinet shall be located within an existing 7' 2" long and 4 ' 6" wide equipment area along the slope. 20. The equipment area shall be enclosed with a 6 ' high down sloping retaining walls on two sides. The rema i ning two sides shall be enclosed w ith a 3' 6" high chain link fence, connected to a 3' 6" high meta l guardrail on both sides of at-grade steps. A gate with locking capabilities with a "No Trespassing" sign bearing the T -Mobile logo shall be maintained. 21 . The applicant shall maintain six (6) -8"x8"x36 " concrete steps with 24"x36" landings in between for access steps to the enclosure location . 22. The retaining block wall and chain link fence around the support equipment shall be screened by nine , 5-gallon of the drought tolerant variety of rhaph iolepis indica ("Indian Hawthorn ") shrubs within 60-days of the approval date (August 8 , 2017). 23. This approval does not include t he use or installation of a permanent back-up generator for the antenna support equipment. Any future request for a permanent back-up generator will require approval of a conditional use permit revision by the Planning Commission. However, the use of a temporary back-up generator during emergencies or extended power outages is permitted , provided that the generator does not exceed 65 dBa , as measured from the closest adjacent property line. 24. The support equi pment shall not generate noise levels in excess of 65 dBa, as measured from the property line of the subj ect property. Any additiona l sound attenuation measures to achieve this standard shall be respons ibility of the applicant, and shall be subject to the review and approva l of t he D irector of Community Development. P.C. Resolution No . 2017-20 Page 8 of 9 C-8 25. T-Mobile shall submit updates on Wireless Communications Technology every five years from the date of this approval, to be reviewed by the Director of Community Development. The purpose of these updates is to identify both new and emerging technologies as well as outdated or obsolete technologies whose facilities and infrastructure could be replaced or removed. Additionally, T-Mobile shall keep on file with the City the name, address, and phone number of a contact person for said updates. The contact information shall be filed with the Director of Community Development prior to the issuance of building permits . 26. This Conditional Use Permit shall expire on February 14, 2026, which is ten (10) years from the original expiration date (February 14, 2016); at such time, the wireless antenna and all related equipment shall be removed from the site. However, the Planning Commission shall grant an extension to the Conditional Use Permit provided that the service provider demonstrates that the antenna and related equipment are not using obsolete technology and are still in use. P.C. Resolution No . 2017-20 Page 9 of 9 C-9 D-1 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement is made and entered into as of this 171h day of June, 2009, by and between OMNIPOINT COMMUNICATIONS INC., a Delaware corporation ("Assignor"), and TMO CA/NV HOLDINGS LLC, a Delaware limited liability company ("Assignee"). WITNESSETH: WHEREAS, Assignor is the holder of the wireless markets listed in Exhibit A, attached hereto and incorporated herein by reference, and the assets relating thereto including, without limitation, cell site and/or commercial and/or other leases under which Assignor is lessee (collectively the "Wireless Market Assets"); WHEREAS, Assignor now wishes to transfer to the Assignee (which is a subsidiary of Assignor), and Assignee is willing to assume and discharge Assignor from all of its obligations under, the Wireless Market Assets effective June 30, 2009 at 4:30 p.m. EDT (the "Effective Time"); NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, and for other good and valuable consideration, Assignor and Assignee agree as follows: Assignor hereby assigns, conveys and transfers to Assignee all of its right, title and interest in and to the Wireless Market Assets, and Assignee hereby accepts such assignment and agrees to assume and discharge Assignor from all of its obligations under or relating to the Wireless Market Assets, in all cases effective as of the Effective Time. Assignor hereby grants its power-of-attorney to Assignee and hereby appoints Assignee as Assignor's attorney-in-fact to take any appropriate action in connection with the Wireless Market Assets transferred hereby, in the name of Assignor or in its own or any other name, it being understood that this authorization and power-of-attorney are coupled with an interest and are irrevocable. Assignor covenants and agrees promptly to execute and deliver any additional documents and instruments and perform any additional acts that may be reasonably necessary or desirable to effectuate and perform more fully the provisions of this of Assignment and Assumption Agreement and the assignment and transfer provided for herein. This Assignment and Assumption Agreement (a) shall be governed by and construed in accordance with the internal laws of the State of Delaware without regard to the principles of conflicts oflaw thereof, and (b) shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Assumption Agreement as of the date first written above. OMNIPOINT COMMUNICATIONS .. INC. Name: David A. Miller Title: Vice President, General Counsel and Secretary 1-1003.2 TMO CA/NV HOLDINGS LLC Name: David A. Miller Title: Vice President, General Counsel and Secretary D-2 California Nevada 1-1003.2 Exhibit A D-3 rJJe[aware PAGE 1 %e :First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "TMO CA/NV HOLDINGS LLC", A DELAWARE LIMITED LIABILITY COMPANY, WITH AND INTO "T-MOBILE WEST CORPORATION" UNDER THE NAME OF "T-MOBILE WEST CORPORATION", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-SIXTH DAY OF JUNE, A.D. 2009, AT 7:30 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS THE THIRTIETH DAY OF JUNE, A.D. 2009, AT 4:50 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 2516821 BlOOM 090655179 You ~y veriLy thi• certiLicate online at corp.delaware.gov/authvar.shtml AUT HEN DATE: 06-29-09 D-4 6-1004.2 STATE OF DELAWARE CERTIFICATE OF MERGER OF DOMESTIC LIMITED LIABILITY COMPANY INTO A DOMESTIC CORPORATION Pursuant to Title 8, Section 264(c} of the Delaware General Corporation Law and Title 6, Section 18-209 of the Delaware Limited Liability Company Act, the undersigned corporation executed the following Certificate of Merger: FIRST: The name of the surviving corporation is T·Mobile West Corporation --------------• a Delaware Corporation, and the name of the limited liability company being merged into this surviving corporation is----- TMO CA/NV HOLDINGS LLC SECOND: The Agreement of Merger has been approved, adopted, certified, executed and acknowledged by the surviving corporation and the merging limited liability company. THIRD: The name of the surviving corporation is------------ T-Mobile west Corporation FOURTH: The merger is to become effective on June 30, 200s ot 4' so p.m. EDT FIFTH: The Agreement of Mergerisonfileat 12920 SE 38th Street ..:::B:.::e..:::l..:::l..:::e~vu=e.!.., _.:.:W:..:A.'---"'9~8~0::.0::.6 ____ ., the place of business of the surviving corporation. SIXTH: A copy of the Agreement of Merger will be furnished by the corporation on request, without cost, to any stockholder of any constituent corporation or member of any constituent limited liability company. SEVENTH: The Certificate of Incorporation of the surviving corporation shall be it's Certificate oflncorporation IN WITNESS WHEREOF, said Corporation has caused this certificate to be signed by an authorized officer, the 17th day of June ,A.D., 2 009 By: /jvYL-~kdOff'iCer Name:David A. Miller Print or Type Title: Senior Vice President, General Counsel and Secretary D-5 6-1004.2 STATE OF DELAWARE CERTIFICATE OF MERGER OF DOMESTIC LIMITED LIABILITY COMPANY INTO A DOMESTIC CORPORATION Pursuant to Title 8, Section 264(c) of the Delaware General Corporation Law and Title 6, Section 18-209 of the Delaware Limited Liability Company Act, the undersigned corporation executed the following Certificate of Merger: FIRST: The name of the surviving corporation is T-Mobile West Corporation --------------'a Delaware Corporation, and the name of the limited liability company being merged into this surviving corporation is----- TMO CA/NV HOLDINGS LLC SECOND: The Agreement of Merger has been approved, adopted, certified, executed and acknowledged by the surviving corporation and the merging limited liability company. THIRD: The name of the surviving corporation is------------ T-Mobile West Corporation FOURTH: The merger is to become effective on June 30, 2009 at 4' 50 p.m. EDT FIFTH: The Agreement of Merger is on file at 12920 SE 38th Street ..:B:..:e:..:l:..:l:..:e:...:v..:u:..:e:...c•_:_Wc:..A:......=9..:8..:0..:0..:6 ____ ,, the place of business of the surviving corporation. SIXTH: A copy of the Agreement of Merger will be furnished by the corporation on request, without cost, to any stockholder of any constituent corporation or member of any constituent limited liability company. SEVENTH: The Certificate of Incorporation of the surviving corporation shall be it's Certificate of Incorporation IN WITNESS WHEREOF, said Corporation has caused this certificate to be signed by an authorized officer, the 17th day of June ,A.D., 2009 By: /jvJA~ ~iZed()ffi(;er Name:David A. Miller Print or Type Title: Senior Vice President, General Counsel and Secretary D-6 'lJe[aware PAGE l '!fie :First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "OMNIPOINT COMMUNICATIONS INC. ", A DELAWARE CORPORATION, WITH AND INTO "!!'-MOBILE USA, INC." UNDER THE NAME OF "!!'-MOBILE USA, INC. ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-SIXTH DAY OF JUNE, A.D. 2009, AT 7:21 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE THIRTIETH DAY OF JUNE, A.D. 2009, AT 4:40 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3058821 BlOOM 090655150 DATE: 06-30-09 You may veriLy thi• certificate online at cozp.d&lawaro.gov/authvor.•html D-7 State of Delaware secretary of State Division o£ Corporation.o Delivered 01:2l PM 06/26/2009 FILED 01: 2l PM 06/26/2009 SRV 090655150 -30S882l FILE CERTIFICATE OF OWNERSHIP AND MERGER OF OMNIPOINT COMMUNJCA TIONS INC. a Delaware corporation INTO T-MOBILE USA, INC. a Delaware corporation Pursuant to Section 253 of the General Corporation Law of Delaware It is hereby certi tied that: l. T-Mobile USA, loc. (the "Corporation") is a business corporation of the State of Delaware. 2. The Corporation is the owner of all of the outstanding shares of the stock of Omnipoint Communications Inc. ("OCf'), which is also a business corporation of the State of Delaware. 3. On June 22, 2009, the Board of Directors of the Corporation adopted the following resolutions to merge tho Subsidiary into the Corporation: RESOLVED, that OCI be merged into the Corporation, and that all of the estate, property, rights, privileges and franchises ofOCI be vested in and held and enjoyed by the Corporation as fully and entirely and without change or diminution as the same were before held and enjoyed by ocr ; and be it further RESOLVED, that the Corporation assume all of the liabilities and obligations of OCI; and be it ·further RESOLVED, that the merger shall become effective on June 30, 2009 at 4:40 p.m. EDT; and be it further RESOL VBD, that the officers of the Corporation and any person or persons designated and authorized to act by any such officers be, and each of them acting individually hereby is, authorized, empowered and directed in the name and on behalf of the Corporation to execute a Certificate of Ownership and Merger setting forth these resolutions to merge OCI into the Corporation, and the date of adoption thereof, and to cause the same to be tiled in the offiee of the Secretary of state of the State of Delaware. D-8 I•UIOU RESOLVED, that any acts of any of the officers of the Corporation and of any person or persons designated and authorized to act by any such officer, which acts would have been authorized by the foregoing resolutions except that such acts were taken prior to the adoption of such resolutions, are hereby severally ratified, confinned, approved and adopted as acts in the name and on behalf of the Corporation. EXECUTED on June 17,2009. T-MOBILE USA, INC. ;{))~1-- By~~~~---------David A. Miller Senior Vice President, General Counsel & Secretary -2- D-9 tJJe[aware PAGE 1 IJJie :First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE CORPORATION UNDER THE NAME OF "T-MOBILE WEST CORPORATION" TO A DELAWARE LIMITED LIABILITY COMPANY, CHANGING ITS NAME FROM "T-MOBILE WEST CORPORATION" TO "T-MOBILE WEST LLC", FILED IN THIS OFFICE ON THE TWENTY-FIFTH DAY OF JUNE, A.D. 2012, AT 8:03 O'CLOCK A.M. 2516821 8100V You may verify this certificate online at corp.delaware.gov/authver,shtml D-10 STATE OF DELAWARE CERTIFICATE OF CONVERSION FROM A CORPORATION TO A State of Delaware Secretary of State Division of Corporations Delivered 08:03AM 06/25/2012 FILED 08:03 AM 06/25/2012 SRV 120770831 -2516821 FILE LIMITED LIAlllLITY COMPANY PURSUANT TO SECTION 18-214 OF THE LIMITED LIABILITY COMPANY ACT I. The jurisdiction where the corporation first formed is Delaware. 2. The jurisdiction immediately prior to filing this certificate is Delaware. 3. The date the coqJoration first formed is June 16, 1995. 4. The name of the corporation immediately prior to filing this certificate is T- Mobile West Corporation. 5. The name of the limited liability company as set f011h in the Ceriificate of formation is T-Mobile West LLC. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Conversion on June 25, 2012 as of8:00 a.m. EST. A1 d/l_____, By ____ -7>~~~-------------------- David A. Miller, Authorized Person D-11 tJJe[aware PAGE 2 1Jie :First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND CORRECT COPY OF CERTIFICATE OF FORMATION OF "T-MOBILE WEST LLC" FILED IN THIS OFFICE ON THE TWENTY-FIFTH DAY OF JUNE, A.D. 2012, AT 8:03 O'CLOCK A.M. 2516821 81 oov You may verify this certificate online at corp. delaware. gov/authver. shtml D-12 STATE OF DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF FORMATION State of Delaware Sacretacy of State Division of-Corporations Delivered 08:03 AM 06/25/2012 FTLED 08:03AM 06/25/2012 SRV 120770831 -2516821 FTLE I. The name of the limited liability company is T-Mobile West LLC. 2. The address of its registered office in the State of Delaware is 271 I Centerville Road, Suite 400, Wilmington, DE 19808. The name of its registered agent at such address is Corporation Service Company. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation on June 25, 2012 at 8:00a.m. EST. David A. Miller, Authorized Person