11-17-2020 - AGENDA ITEM 06 CONSIDERATION OF SECOND AMENDMENT TO LEASE FOR INSTALLATION OF CELL TOWER EMERGENCY GENERATOR AT SHADOW OAK AND CAMERON PARKSAGENDA ITEM NO. 6
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: November 17, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND AMENDMENT TO LEASE FOR INSTALLATION OF
CELL TOWER EMERGENCY GENERATOR AT SHADOW OAK AND CAMERON
PARKS
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute a Second Amendment to Option and Lease
Agreement with CCATT LLC (commonly known as Crown Castle) for installation of emergency backup
generator at Shadow Oak Park, in substantially the form as attached and in such final form as approved
by the City Attorney;
2. Authorize the City Manager to negotiate and execute the Memorandum of Second Amendment to Option
and Lease Agreement for Shadow Oak Park, in substantially the form as attached and in such final form
as approved by the City Attorney;
3. Authorize the City Manager to negotiate and execute a Second Amendment to Option Lease
Agreement with CCATT LLC (commonly known as Crown Castle) for installation of emergency backup
generator at Cameron Park, in substantially the form as attached and in such final form as approved by
the City Attorney; and
4. Authorize the City Manager to negotiate and execute the Memorandum of Second Amendment to Option
and Lease Agreement for Cameron Park, in substantially the form as attached and in such final form as
approved by the City Attorney.
BACKGROUND:
The City entered into a lease dated May 17, 2005, for installation of a cell tower on approximately 265 square
feet of space in the southeast corner of Shadow Oak Park adjacent to the tennis courts. The original term was
for 5 years with 5, 5-year extensions. The original rent payment was $2,000 monthly with a 3% annual
increase. On February 18, 2014, the City entered into a First Amendment to the lease that increased the rent
payment to $3,200 monthly with a 3% annual increase. The final extension expires on December 8, 2035.
The City entered into a lease dated October 7, 2003, for installation of a cell tower on approximately 240
square feet of space on the eastern edge of Cameron Park adjacent to the parking lot. The original term was for
10 years with 4, 5-year extensions. The original rent payment was $1,700 monthly with a 3% annual increase.
TENANT:
CCATT LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
State of Texas
County of
Before me, a Notary Public, on this day personally appeared
of CCATT LLC, a
Delaware limited liability company, known to me (or proved to me on the oath of
or through driver's license, state id card, resident id card, military id card, or passport) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 20
(Personalized Seal) Notary Public's Signature
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
EXHIBIT A
(Legal Description of the Property)
PARCEL A:
THAT PORTION OF PARCEL 4 AS SHOWN ON MAP FILED IN BOOK 85, PAGES 10
THROUGH 12, INCLUSIVE, OF RECORDS OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN CURVE IN THE
CENTERLINE OF THE 80.00 FEET WIDE STRIP OF LAND DESCRIBED AS BEING
CONCAVE EASTERLY HAVING A RADIUS OF 800.00 FEET A LENGTH OF 772.01 FEET
AND A CENTRAL ANGLE OF 550 17' 28" IN PARCEL 1 OF THE DEED RECORDED AS
INSTRUMENT NO. 2847 ON FEBRUARY 18, 1971, IN BOOK D 4973, PAGE 636 OF
OFFICIAL RECORDS OF SAID COUNTY, SAID CENTERLINE AND SAID TERMINUS
BEING ALSO SHOWN ON MAP OF TRACT NO. 25512 FILED IN BOOK 807, PAGES 74
THROUGH 76, INCLUSIVE, OF MAPS IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE SOUTHEASTERLY ALONG THE CONTINUATION OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 270 33' 54" A DISTANCE OF 384.88 FEET; THENCE RADIAL TO
SAID CURVE N 360 32' 12" E 40.00 FEET TO A POINT IN A CURVE HAVING A RADIUS
OF 760.00 FEET BEING CONCENTRIC WITH SAID CURVE HAVING A RADIUS OF 800.00
FEET AND SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG SAID CONCENTRIC CURVE THROUGH A CENTRAL
ANGLE OF 70 36' 02" A DISTANCE OF 100.82 FEET; THENCE TANGENT TO SAID CURVE
S 610 03' 50" E 650.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF I I10.00 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 210 11' 36" A DISTANCE OF
410.58 FEET; THENCE NON -TANGENT TO SAID CURVE N 400 27' 18" W 353.80 FEET;
THENCE N 70 35' 39" W 168.11 FEET; THENCE N 510 30' 25" W 319.26 FEET; THENCE S
710 08' 10" W 217.59 FEET; THENCE N 710 15' 48" W 239.71 FEET TO THE
NORTHEASTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE
AS HAVING A BEARING AND LENGTH OF N 360 32' 12" E 40.00 FEET; THENCE ALONG
SAID PROLONGATION S 360 32' 12" W 178.96 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL B
THAT PORTION OF PARCEL 4 IN THE CITY OF WEST COVINA, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 85, PAGES 10, 11 AND
12 OF RECORDS OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 31481, AS PER MAP
FILED IN BOOK 857, PAGES 6, 7 AND 8 OF MAPS, IN THE OFFICE OF SAID COUNTY
RECORDER, SAID SOUTHWESTERLY CORNER ALSO BEING ON THE
NORTHWESTERLY LINE OF SHADOW OAK DRIVE, 80.00 FEET WIDE, AS DESCRIBED
Site Name: LA027-02 SHADOW OAK PARK 5 Exhibit A
Business Unit #: 856872
IN PARCEL 1 OF DEED RECORDED IN BOOK D6570, PAGE 102 OF OFFICIAL RECORDS
OF SAID COUNTY, THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 31481 THE
FOLLOWING COURSES: N 100 14' 50" W 93.84 FEET, N 030 44' 22" E 307.11 FEET TO A
POINT ON A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 500.00 FEET TO WHICH A RADIAL LINE BEARS S 180 54' 05" W,
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 53' 48"
A DISTANCE OF 95.09 FEET TO A TANGENT COMPOUND CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 100.00 FEET, NORTHWESTERLY ALONG
SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 440 55' 47" A DISTANCE
OF 78.42 FEET, TANGENT TO SAID CURVE N 150 16' 20" W 102.00 FEET, AND S 870 38,
04" W 126.12 FEET TO A POINT IN THAT CERTAIN COURSE IN THE BOUNDARY OF
TRACT NO. 31102 AS PER MAP FILED IN BOOK 862, PAGES 10 AND 11 OF MAPS, IN
THE OFFICE OF SAID COUNTY RECORDER, SHOWN AS "N 030 02' 19" E 238.80"',
DISTANT THEREON N 030 02' 19" E 9.14 FEET FROM THE SOUTHERLY TERMINUS
THEREOF; THENCE ALONG THE BOUNDARY OF SAID TRACT NO. 31102 THE
FOLLOWING COURSES: S 030 02' 19" W 9.14 FEET, SOUTHWESTERLY ALONG A
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET
THROUGH A CENTRAL ANGLE OF 890 46' 26" A DISTANCE OF 15.67 FEET, TANGENT
TO SAID CURVE N 870 11' 15" W 296.64 FEET, WESTERLY ALONG A TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 522.00 FEET THROUGH A CENTRAL
ANGLE OF 080 15' 28" A DISTANCE OF 75.23 FEET, WESTERLY ALONG A TANGENT
REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 273.00 FEET
THROUGH A CENTRAL ANGLE OF 340 56' 32" A DISTANCE OF 166.49 FEET, WESTERLY
ALONG A TANGENT REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS
OF 242.00 FEET THROUGH A CENTRAL ANGLE OF 600 47' 17" A DISTANCE OF 256.75
FEET, RADIAL TO SAID REVERSE CURVE N 310 17' 28" W 62.48 FEET, AND N 760 68' 04"
W 36.53 FEET; THENCE LEAVING SAID BOUNDARY OF TRACT NO. 31102, S 28012' 06"
W 72.52 FEET; THENCE N 86 0 54' 41" W 44.03 FEET; THENCE S 540 57' 00" W 205.25 FEET;
THENCE S 820 38' 52" W 140.66 FEET; THENCE S 470 03' 48" W 55.49 FEET; THENCE S
710 08' 10" W 35.83 FEET; THENCE N 760 24' 27" W 201.62 FEET; THENCE N 500 11' 47" W
113.25 FEET; THENCE 530 24' 41" W 19.29 FEET; THENCE S 810 58' 59" W 35.85 FEET;
THENCE N 710 10' 40" W 23.25 FEET; THENCE S 72014' 24" W 65.63 FEET; THENCE N 890
42' 49" W 129.36 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SHADOW OAK
DRIVE AS DESCRIBED IN SAID PARCEL 1 OF SAID DEED, SAID NORTHEASTERLY
LINE ALSO BEING IN A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
760.00 FEET, A RADIAL LINE TO SAID POINT BEARS S 550 17' 37" W; THENCE
SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 180 45' 25" A DISTANCE OF 248.80 FEET TO THE
MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED IN BOOK
D-5669, PAGE 474, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID
NORTHEASTERLY LINE AND ALONG THE BOUNDARY OF THE LAND DESCRIBED IN
THE LAST MENTIONED DEED THE FOLLOWING COURSES: N 360 32' 12" E 178.96 FEET,
S 710 15' 48" E 239.71 FEET, N 710 08' 10" E 217.59 FEET, S 510 30' 25" E 319.26 FEET, S 070
Site Name: LA027-02 SHADOW OAK PARK 6 Exhibit A
Business Unit #: 856872
35' 39" E 168.11 FEET AND S 400 27' 18" E 353.80 FEET TO A POINT IN THE NORTHERLY
LINE OF SAID SHADOW OAK DRIVE, SAID NORTHERLY LINE ALSO BEING IN A
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1110.00 FEET, A RADIAL LINE
TO SAID POINT BEARS S 070 44' 34" W; THENCE ALONG THE NORTHERLY AND
NORTHWESTERLY LINE OF SAID SHADOW OAK DRIVE, THE FOLLOWING COURSES:
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22016' 27"
A DISTANCE OF 431.52 FEET, TANGENT TO SAID CURVE N 750 28' 07" E 432.00 FEET,
AND NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 1190.00 FEET THROUGH A CENTRAL ANGLE OF 040 1703" A
DISTANCE OF 88.98 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL
MINERALS, TOGETHER WITH THE RIGHT TO DEVELOP, PRODUCE AND EXTRACT
THE SAME, AS GRANTED TO NARCISSE S. GARNIER, ET AL., BY DEED RECORDED
SEPTEMBER 29, 1944, IN BOOK 21288, PAGE 260, OFFICIAL RECORDS. BY
INSTRUMENTS OF RECORD, THE OWNERS OF SAID OIL, GAS AND OTHER
HYDROCARBONS AND MINERALS, RELINQUISHED OF ALL THEIR RIGHTS TO
ENTER UPON THE SURFACE OF SAID LAND OR THE SUBSURFACE THEREOF TO A
DEPTH OF 500 FEET BELOW THE SURFACE THEREOF (MEASURED VERTICALLY
FROM THE SURFACE) FOR THE PURPOSE OF DEVELOPING, PRODUCING AND
EXTRACTING THE SAME.
ASSESSOR'S PARCEL NO: 8731-020-900
Site Name: LA027-02 SHADOW OAK PARK Exhibit A
Business Unit #: 856872
ATTACHMENT NO. 3
SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT ("Second
Amendment') dated as of , 2020, is by and between the CITY OF WEST
COVINA, a municipal corporation ("City"), with a mailing address of 1444 West Garvey Avenue,
West Covina, California 91790, and CCATT LLC, a Delaware limited liability company
("Tenant'), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
RECITALS
WHEREAS, City and New Cingular Wireless PCS, LLC, a Delaware limited liability
company ("Original Tenant') entered into an Option and Lease Agreement dated May 17, 2005
(the "Original Agreement') whereby Original Tenant leased certain real property, together with
access and utility easements, located in Los Angeles County, California from City (the
"Premises"), all located within certain real property owned by City (the "Property"); and
WHEREAS, the Original Agreement was amended by that certain First Amendment to
Option and Lease Agreement dated February 18, 2014 (the "First Amendment") (hereinafter the
Original Agreement and the First Amendment are collectively referred to as the "Agreement');
and
WHEREAS, CCATT LLC is currently the tenant under the Agreement as successor in
interest to the Original Tenant; and
WHEREAS, the Agreement had an Initial Term of five (5) years that commenced on
December 9, 2005, and expired on December 8, 2010. The Agreement provides for five (5)
automatic extensions of five (5) years each. According to the Agreement, the final extension
expires on December 8, 2035, unless terminated sooner pursuant to the Agreement.
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, City and Tenant desire to amend the Agreement on the terms and conditions
contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, City and Tenant agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the
Agreement.
2. First Additional Lease Area. The existing Premises is hereby expanded in size to
include additional space, which consists of approximately two hundred twenty-one (221) square
feet at a location more particularly described in Exhibit A-1 attached hereto (the "First Additional
Lease Area"). All references to the Premises in the Agreement shall be deemed to include the
existing Premises and the First Additional Lease Area. Exhibit A to the Agreement is hereby
amended by inserting Exhibit A-1 attached hereto after the final page of the existing Exhibit A.
Notwithstanding anything to the contrary in this Second Amendment, Tenant is not relinquishing
any rights to any lease area, access easements, and/or utility easements that it possesses prior to
the date of this Second Amendment. In the event the location of any of Tenant's or its sublessees'
existing improvements, utilities, and/or access routes are not depicted or described on Exhibit A-
1, Tenant's leasehold rights and access and utility easement rights over such areas shall remain in
full force and effect and the Premises shall be deemed to include such areas.
3. First Additional Rent. In consideration of the lease of the First Additional Lease
Area, Tenant shall pay to City the amount of Four Hundred and 00/100 Dollars ($400.00) per
month ("First Additional Rent"), beginning upon the commencement of installation of
improvements within the First Additional Lease Area and continuing thereafter until the earlier of
(i) the expiration of the Agreement Term; or (ii) the "Return of the First Additional Lease Area"
as set forth below. The First Additional Rent shall be due and payable concurrently with and shall
escalate upon the same terms and at the same time as the monthly Rent set forth in the Agreement,
as amended, for so long as such First Additional Rent is payable to City as set forth herein.
4. Ri¢ht to Return the First Additional Lease Area. Tenant shall have the option, upon
thirty (30) days prior written notice to City, in its sole and absolute discretion, to return the First
Additional Lease Area to City and to terminate the lease of the same by removing all improvements
from the First Additional Lease Area and returning same to its condition as of the Effective Date,
ordinary wear and tear excepted (the "Return of the First Additional Lease Area"). Effective upon
Site Name: LA027-02 SHADOW OAK PARK 2
Business Unit #: 856872
removal of all improvements from the First Additional Lease Area, the First Additional Rent shall
cease and will no longer be due or payable.
5. Generator Project. Pursuant to Section 4 of the Original Agreement, City hereby
consents to the following modifications at the Premises: install one (1) ten foot by four foot (I O'x4')
concrete pad, install one (1) 30KW Generac Diesel Generator, install one (1) ATS (Automatic
Transfer Switch) with camlock; install one (1) fire extinguisher; and remove and recap existing
camlock, as more fully described in the plans attached hereto as Exhibit B.
6. City's Cooperation. If requested by Tenant, City will execute, at Tenant's sole cost
and expense, all documents required by any governmental authority in connection with any
development of, or construction on, the Premises, including documents necessary to petition the
appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary
by Tenant in Tenant's absolute discretion to utilize the Premises for the purpose of constructing,
maintaining and operating communications facilities, including without limitation, tower
structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables,
equipment and uses incidental thereto. City agrees to be named applicant if requested by Tenant.
City shall be entitled to no further consideration with respect to any of the foregoing matters.
7. Condemnation. Section 23 of the Original Agreement is hereby deleted in its
entirety and the following is inserted in its place:
If City receives written or other notice of a proposed taking by eminent domain of
any part of the Property upon which the Premises is situated, City will notify Tenant
of the proposed taking within five (5) days of receiving said notice and Tenant will
have the option to: (i) declare this Agreement null and void and thereafter neither
party will have any liability or obligation hereunder; or (ii) remain in possession of
that portion of the Premises that will not be taken, in which event there shall be an
equitable adjustment in rent on account of the portion of the Premises so taken.
With either option Tenant shall have the right to contest the taking and directly
pursue an award.
8. Notices. Tenant's notice address as stated in Section 21 of the Original Agreement
is hereby amended as follows:
If to Tenant: CCATT LLC
Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
9. Ratification.
a) City and Tenant agree that Tenant is the current tenant under the Agreement, the
Agreement is in full force and effect, as amended herein, and the Agreement contains the entire
agreement between City and Tenant with respect to the Premises.
b) City agrees that any and all actions or inactions that have occurred or should have
occurred prior to the date of this Second Amendment are approved and ratified and that no breaches
or defaults exist as of the date of this Second Amendment.
c) City represents and warrants that City is duly authorized and has the full power,
right and authority to enter into this Second Amendment and to perform all of its obligations under
the Agreement as amended.
d) City agrees to provide such further assurances as may be requested to carry out and
evidence the full intent of the parties under the Agreement as amended hereby, and ensure Tenant's
continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the
Agreement as amended hereby.
e) City acknowledges that the Premises, as defined, shall include any portion of the
Property on which communications facilities or other Tenant improvements exist on the date of
this Second Amendment.
8. IRS Form W-9. City agrees to provide Tenant with a completed IRS Form W-9, or
its equivalent, upon execution of this Second Amendment and at such other times as may be
reasonably requested by Tenant. In the event the Premises is transferred, the succeeding landlord
shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9,
or its equivalent, and other related paper work to effect a transfer in the rent to the new landlord.
City's failure to provide the IRS Form W-9 within thirty (30) days after Tenant's request shall be
considered a default and Tenant may take any reasonable action necessary to comply with IRS
regulations including, but not limited to, withholding applicable taxes from rent payments.
9. Remainder of Agreement Unaffected. The parties hereto acknowledge that except
as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In
the event of any conflict or inconsistency between the terms of this Second Amendment and the
Agreement, the terms of this Second Amendment shall control. The terms, covenants and
Site Name: LA027-02 SHADOW OAK PARK 4
Business Unit #: 856872
provisions of this Second Amendment shall extend to and be binding upon the respective
executors, administrators, heirs, successors and assigns of City and Tenant. This Second
Amendment may be executed simultaneously or in counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same agreement.
10. Survey. Tenant reserves the right, at its discretion and at its sole cost, to obtain a
survey ("Survey") specifically describing the Premises and any access and utility easements
associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to this Second
Amendment and any related memorandum for recording, which shall update and replace the
existing description, at any time prior to or after closing of this Second Amendment.
11. Recordation. Tenant, at its cost and expense, shall have the right to record a
memorandum of this Second Amendment ("Memorandum"), provided that City approves the
terns thereof as evidenced by City's signature on the Memorandum, in the official records of Los
Angeles County, California at any time following the execution of this Second Amendment by all
parties hereto. In addition, Tenant shall have the right in its discretion, to record a notice of lease,
affidavit or other form to be determined by Tenant without City's signature in form and content
substantially similar to the Memorandum, to provide record notice of the terms of this Second
Amendment.
12. Electronic Signatures. Each party agrees that manual signatures are required and
that such signatures may be transmitted by facsimile, email or other electronic means and that such
transmission shall have the same legal effect as if they were original signatures.
[Execution Pages Follow]
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
This Second Amendment is executed by City as of the date first written above.
CITY:
CITY OF WEST COVINA,
a municipal corporation
By:
Print Name:
Print Title:
[Tenant Execution Page Follows]
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
On September 18, 2012, the City entered into a First Amendment to the lease that increased the rent payment to
$2,553 monthly with a 3% annual increase. The final extension expires on March 31, 2035.
DISCUSSION:
On July 16, 2020, the California Public Utility Commission issued a ruling in response to the catastrophic
wildfires, which requires that cellphone carriers have backup power that will ensure a minimum level of cell
service (Attachment No. 1). The requirement applies in Tier 2 and Tier 3 high fire areas, which includes
portions of West Covina. In response, Crown Castle is seeking to expand the lease area at Shadow Oak
Park and Cameron Park for installation of emergency diesel generators.
For Shadow Oak Park, the added area totals 221 square feet for the installation of the backup generator. The
generator will be enclosed by a 6 foot high block wall to match the existing enclosure. No new towers will be
installed. For Cameron Park, the added area totals 40 square feet. There is no enclosure nor new tower as part
of this project. The emergency generator will be screened by landscaping, which is more appropriate for this
location. Lease payments for each new lease area is $400.00 monthly - the total annual lease payments will be
$9,600 annually. Installation of the generators increases reliability for cell phone customers in an emergency,
but does not increase income to the carrier, therefore there is no annual cost increase. Attached are copies of the
Memorandum of Second Amendment to Option and Lease Agreement for Shadow Oak Park (Attachment No.
2), Second Amendment to Option and Lease Agreement for Shadow Oak Park (Attachment No. 3),
Memorandum of Second Amendment to Option and Lease Agreement for Cameron Park (Attachment No. 3),
and Second Amendment to Option and Lease Agreement for Cameron Park (Attachment No. 4).
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the Memoranda of Second Amendment to Option and
Lease Agreement and the Second Amendment to Option and Lease Agreements as to form.
OPTIONS:
Options available to the City Council are as follows:
1. Approve the recommendation; or
2. Provide alternative direction.
Prepared by: Mark Persico, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The two lease amendments will generate additional General Fund revenue in the amount of $800 monthly or
$9,600 annually - Account Number 110.00.4430.
Attachments
Attachment No. 1 - California Public Utility Commission - Emergency Generator
Attachment No. 2 - Memorandum of Lease - Shadow Oak Park
Attachment No. 3 - Second Amendment to Lease - Shadow Oak Park
Attachment No. 4 - Memorandum of Lease - Cameron Park
Attachment No. 5 - Second Amendment to Lease - Cameron Park
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
This Second Amendment is executed by Tenant as of the date first written above.
TENANT:
CCATT LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
Exhibit A-!
Additional PWses
Site Name: LA0zSHADOW OAK PARK Bey
__ Unit wmm
Exhibit e
Generator Project
Site Name:
LA0 27-0 a__oAK PARK 9 Exhibit B
Business Unit wmm
LA0 27-0 a__oAK PARK 9 Exhibit B
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ATTACHMENT NO. 4
WHEN RECORDED RETURN TO:
Prepared by:
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
Space above this line for Recorder's Use
A.P.N. 8486-008-903 Prior recorded documents in Los Angeles County, California:
November 23, 2005 at #05 2863162
MEMORANDUM OF SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
This Memorandum of SECOND Amendment to Option and Lease Agreement is made
effective this day of , 20 by and between CITY OF WEST COVINA, a
municipal corporation ("City"), with a mailing address of 1444 West Garvey Avenue, West
Covina, California 91790, and CCATT LLC, a Delaware limited liability company ("Tenant"),
with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
City and AB Cellular LA, LLC, a Delaware limited liability company d/b/a, AT&T
Wireless ("Original Tenant") entered into an Option and Lease Agreement dated October 7, 2003
(the "Original Agreement"), a memorandum of which was recorded in the official records of Los
Angeles County, California on November 23, 2005 at Instrument No. 05 2863162, whereby
Original Tenant leased certain real property, together with access and utility easements, located in
Los Angeles County, California from City (the "Premises"), all located within certain real property
owned by City (the "Property"). The Property, of which the Premises is part, is more particularly
described on Exhibit A attached hereto.
Documentary Transfer Tax $
_ Computed full value of property
_ Computed full value less liens & encumbrances remaining at time of sale
_ Computed full value of lease surpassing the 35-year term limit
_ Computed leased area of the property
Exempt -remaining lease term with renewal options is 35 years or less
Site Name: AZUSA / CAMERON 1 Thrifty v. County of Los Angeles (1989) 210 Cal.App.3d 881
Business Unit #: 856871
Signature of Deelamnt or agent
2. The Original Agreement was amended by that certain First Amendment to Option
and Lease Agreement dated September 18, 2012 (the "First Amendment") (hereinafter the Original
Agreement and the First Amendment are collectively referred to as the "Agreement").
3. CCATT LLC is currently the tenant under the Agreement as successor in interest
to the Original Tenant.
4. City and Tenant have entered into a Second Amendment to Option and Lease
Agreement (the "Second Amendment"), of which this is a Memorandum.
5. By the Second Amendment, City and Tenant expanded the Premises to include
additional space, which consists of approximately forty (40) square feet of real property adjacent
to the existing Premises at a location more particularly depicted in the Second Amendment.
6. City and Tenant desire to execute this Memorandum, which is to be recorded in
order that third parties may have notice of the interests of Tenant in the Premises and of the
existence of the Second Amendment.
7. This Memorandum does not contain the social security number of any person.
8. A copy of the Second Amendment is on file with City and Tenant.
[Execution Pages Follow]
Site Name: AZUSA / CAMERON 2
Business Unit #: 856871
IN WITNESS WHEREOF, hereunto and to duplicates hereof, City and Tenant have
caused this Memorandum to be duly executed on the day and year first written above.
CITY:
CITY OF WEST COVINA,
a municipal corporation
By:
Print Name:
Print Title:
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary
Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
[Tenant Execution Page Follows]
(Seal)
Site Name: AZUSA / CAMERON
Business Unit #: 856871
TENANT:
CCATT LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
State of Texas
County of
Before me, a Notary Public, on this day personally appeared
of CCATT LLC, a
Delaware limited liability company, known to me (or proved to me on the oath of
or through driver's license, state id card, resident id card, military id card, or passport) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 20
(Personalized Seal) Notary Public's Signature
Site Name: AZUSA / CAMERON
Business Unit #: 856871
EXHIBIT A
(Legal Description of the Property)
LOTS 211 AND 216 OF E.J. BALDWIN'S FIFTH SUBDIVISION OF A PORTION OF
RANCHO LA PUENTE, IN THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGES 134 AND 135
OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WESTERLY 765 FEET OF SAID LOTS 211 AND 216.
ALSO EXCEPT THE NORTHERLY 147 FEET OF THE WESTERLY 260.26 FEET OF SAID
LOT 211.
EXCEPTING THERE FROM, THE "PRECIOUS METALS AND ORES THEREOF" AS
EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, SR. AND WILLIAM
WORKMAN IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE 39 OF DEEDS.
Site Name: AZUSA / CAMERON 5 Exhibit A
Business Unit #: 856871
ATTACHMENT 5
SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT ("Second
Amendment') dated as of , 2020, is by and between the CITY OF WEST
COVINA, a municipal corporation ("City"), with a mailing address of 1444 West Garvey Avenue,
West Covina, California 91790, and CCATT LLC, a Delaware limited liability company
("Tenant'), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
RECITALS
WHEREAS, City and AB Cellular LA, LLC, a Delaware limited liability company d/b/a
AT&T Wireless ("Original Tenant') entered into an Option and Lease Agreement dated October
7, 2003 (the "Original Agreement'), a memorandum of which was recorded in the official records
of Los Angeles County, California (the "Official Records") on November 23, 2005 at Instrument
No. 05 2863162, whereby Original Tenant leased certain real property, together with access and
utility easements, located in Los Angeles County, California from City (the "Premises"), all
located within certain real property owned by City (the "Property"); and
WHEREAS, the Original Agreement was amended by that certain First Amendment to
Option and Lease Agreement dated September 18, 2012 (the "First Amendment') (hereinafter the
Original Agreement and the First Amendment are collectively referred to as the "Agreement');
and
WHEREAS, CCATT LLC is currently the tenant under the Agreement as successor in
interest to the Original Tenant; and
WHEREAS, the Agreement had an Initial Term of ten (10) years that commenced on
March 21, 2005, and expired on March 31, 2015. The Agreement provides for four (4) automatic
extensions of five (5) years each. According to the Agreement, the final extension expires on
March 31, 2035, unless terminated sooner pursuant to the Agreement.
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
ATTACHMENT NO. 1
�ta�T'Ne California Public Utilities Commission
505 Van Ness Ave., San Francisco
~for cn.4�tp
FOR IMMEDIATE RELEASE PRESS RELEASE
Media Contact: Terrie Prosper, 415.703.1366, newsacpuc.ca.gov Docket #: R.18-03-011
CPUC REQUIRES WIRELESS COMPANIES TO
BETTER SERVE CUSTOMERS IN EMERGENCIES
SAN FRANCISCO, July 16, 2020 — The California Public Utilities Commission (CPUC), in its
ongoing efforts to help utilities better protect customers during emergencies, today ordered
California's wireless companies to develop comprehensive resiliency plans to ensure necessary
planning and network investments are made to maintain service to customers during a disaster or
power outage, including Public Safety Power Shut -offs (PSPS).
"Last October, Californians who were already impacted by power shut -offs were forced to evacuate
their homes as the Kincade Fire burned uncontrolled. In moments like these, Californians rely on
their cell phones to receive alerts from emergency responders and access vital evacuation websites,"
said CPUC President Marybel Batjer. "Today's Decision creates a framework to ensure that wireless
networks will provide reliable access to 9-1-1, 2-1-1, emergency alerts, and crucial Internet services
that are so critical to public safety and well-being in times of disaster."
During the October and November 2019 wildfire and PSPS events, widespread reports of
communications outages across all sectors were reported. Significant outages occurred on the
networks supporting mobile, cable, Voice -over -Internet -Protocol (Vole) communications, and
Internet traffic. For example, 57 percent of cell sites in Marin County were out of service between
October 26 and 27, 2019. Without access to 911 and the ability to reach first responders,
Californians cannot access needed services, be safe, or even function in an emergency.
Under today's Decision, wireless providers must:
• Submit to the CPUC within 60 days emergency operations plans that detail their protocols
for responding to a disaster, to the CPUC, the California Governor's Office of Emergency
I �., =_—; California Public Utilities Commission
WHEREAS, City and Tenant desire to amend the Agreement on the terms and conditions
contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, City and Tenant agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the
Agreement.
2. First Additional Lease Area. The existing Premises is hereby expanded in size to
include additional space, which consists of approximately forty (40) square feet at a location more
particularly described in Exhibit A-1 attached hereto (the "First Additional Lease Area"). All
references to the Premises in the Agreement shall be deemed to include the existing Premises and
the First Additional Lease Area. Exhibit A to the Agreement is hereby amended by inserting
Exhibit A-1 attached hereto after the final page of the existing Exhibit A. Notwithstanding
anything to the contrary in this Second Amendment, Tenant is not relinquishing any rights to any
lease area, access easements, and/or utility easements that it possesses prior to the date of this
Second Amendment. In the event the location of any of Tenant's or its sublessees' existing
improvements, utilities, and/or access routes are not depicted or described on Exhibit A-1,
Tenant's leasehold rights and access and utility easement rights over such areas shall remain in
full force and effect and the Premises shall be deemed to include such areas.
3. First Additional Rent. In consideration of the lease of the First Additional Lease
Area, Tenant shall pay to City the amount of Four Hundred and 00/100 Dollars ($400.00) per
month ("First Additional Rent"), beginning upon the commencement of installation of
improvements within the First Additional Lease Area and continuing thereafter until the earlier of
(i) the expiration of the Agreement Term; or (ii) the "Return of the First Additional Lease Area"
as set forth below. The First Additional Rent shall be due and payable concurrently with and shall
escalate upon the same terms and at the same time as the monthly Rent set forth in the Agreement,
as amended, for so long as such First Additional Rent is payable to City as set forth herein.
4. Right to Return the First Additional Lease Area. Tenant shall have the option, upon
thirty (30) days prior written notice to City, in its sole and absolute discretion, to return the First
Additional Lease Area to City and to terminate the lease of the same by removing all improvements
Site Name: AZUSA / CAMERON 2
Business Unit #: 856871
from the First Additional Lease Area and returning same to its condition as of the Effective Date,
ordinary wear and tear excepted (the "Return of the First Additional Lease Area"). Effective upon
removal of all improvements from the First Additional Lease Area, the First Additional Rent shall
cease and will no longer be due or payable.
5. Generator Project. Pursuant to Section 4 of the Original Agreement, City hereby
consents to the following modifications at the Premises: install one (1) ten foot by four foot (I O'x4')
concrete pad, install one (1) 30KW Generac Diesel Generator, install one (1) ATS (Automatic
Transfer Switch) with camlock; install (1) fire extinguisher; and remove and recap existing
camlock, as more fully described in the plans attached hereto as Exhibit B.
6. Notices. Tenant's notice address as stated in Section 21 of the Original Agreement
is hereby amended as follows:
If to Tenant: CCATT LLC
Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
7. Citv's Cooperation. If requested by Tenant, City will execute, at Tenant's sole cost
and expense, all documents required by any governmental authority in connection with any
development of, or construction on, the Premises, including documents necessary to petition the
appropriate public bodies for certificates, permits, licenses and other approvals deemed necessary
by Tenant in Tenant's absolute discretion to utilize the Premises for the purpose of constructing,
maintaining and operating communications facilities, including without limitation, tower
structures, antenna support structures, cabinets, meter boards, buildings, antennas, cables,
equipment and uses incidental thereto. City agrees to be named applicant if requested by Tenant.
City shall be entitled to no further consideration with respect to any of the foregoing matters.
8. Condemnation. Section 23 of the Original Agreement is hereby deleted in its
entirety and the following is inserted in its place:
If City receives written or other notice of a proposed taking by eminent domain of
any part of the Property upon which the Premises is situated, City will notify Tenant
of the proposed taking within five (5) days of receiving said notice and Tenant will
have the option to: (i) declare this Agreement null and void and thereafter neither
party will have any liability or obligation hereunder; or (ii) remain in possession of
that portion of the Premises that will not be taken, in which event there shall be an
equitable adjustment in rent on account of the portion of the Premises so taken.
Site Name: AZUSA / CAMERON
Business Unit #: 856871
With either option Tenant shall have the right to contest the taking and directly
pursue an award.
9. Ratification.
a) City and Tenant agree that Tenant is the current tenant under the Agreement, the
Agreement is in full force and effect, as amended herein, and the Agreement contains the entire
agreement between City and Tenant with respect to the Premises.
b) City agrees that any and all actions or inactions that have occurred or should have
occurred prior to the date of this Second Amendment are approved and ratified and that no breaches
or defaults exist as of the date of this Second Amendment.
c) City represents and warrants that City is duly authorized and has the full power,
right and authority to enter into this Second Amendment and to perform all of its obligations under
the Agreement as amended.
d) City agrees to provide such further assurances as may be requested to carry out and
evidence the full intent of the parties under the Agreement as amended hereby, and ensure Tenant's
continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the
Agreement as amended hereby.
e) City acknowledges that the Premises, as defined, shall include any portion of the
Property on which communications facilities or other Tenant improvements exist on the date of
this Second Amendment.
8. IRS Form W-9. City agrees to provide Tenant with a completed IRS Form W-9, or
its equivalent, upon execution of this Second Amendment and at such other times as may be
reasonably requested by Tenant. In the event the Premises is transferred, the succeeding landlord
shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9,
or its equivalent, and other related paper work to effect a transfer in the rent to the new landlord.
City's failure to provide the IRS Form W-9 within thirty (30) days after Tenant's request shall be
considered a default and Tenant may take any reasonable action necessary to comply with IRS
regulations including, but not limited to, withholding applicable taxes from rent payments.
9. Remainder of Agreement Unaffected. The parties hereto acknowledge that except
as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In
Site Name: AZUSA / CAMERON ¢
Business Unit #: 856871
the event of any conflict or inconsistency between the terms of this Second Amendment and the
Agreement, the terms of this Second Amendment shall control. The terms, covenants and
provisions of this Second Amendment shall extend to and be binding upon the respective
executors, administrators, heirs, successors and assigns of City and Tenant. This Second
Amendment may be executed simultaneously or in counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same agreement.
10. Survey. Tenant reserves the right, at its discretion and at its sole cost, to obtain a
survey ("Survey") specifically describing the Premises and any access and utility easements
associated therewith. Tenant shall be permitted to attach the Survey as an exhibit to this Second
Amendment and any related memorandum for recording, which shall update and replace the
existing description, at any time prior to or after closing of this Second Amendment.
11. Recordation. Tenant, at its cost and expense, shall have the right to record a
memorandum of this Second Amendment ("Memorandum"), provided that City approves the
terms thereof as evidenced by City's signature on the Memorandum, in the Official Records at any
time following the execution of this Second Amendment by all parties hereto. In addition, Tenant
shall have the right in its discretion, to record a notice of lease, affidavit or other form to be
determined by Tenant without City's signature in form and content substantially similar to the
Memorandum, to provide record notice of the terms of this Second Amendment.
12. Electronic Sianatures. Each party agrees that manual signatures are required and
that such signatures may be transmitted by facsimile, email or other electronic means and that such
transmission shall have the same legal effect as if they were original signatures.
[Execution Pages Follow]
Site Name: AZUSA / CAMERON
Business Unit #: 856871
This Second Amendment is executed by City as of the date first written above.
CITY:
CITY OF WEST COVINA,
a municipal corporation
By:
Print Name:
Print Title:
[Tenant Execution Page Follows]
Site Name: AZUSA / CAMERON
Business Unit #: 856871
This Second Amendment is executed by Tenant as of the date first written above.
TENANT:
CCATT LLC,
a Delaware limited liability company
By:
Print Name:
Print Title:
Site Name: AZUSA / CAMERON
Business Unit #: 856871
Exhibit A-1
Additional Premises
Site Name: AZUSA / CAMERON 8 Exhibit A-1
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Services (Cal OES), and local emergency response agencies. Wireless providers must also
provide emergency points of contact, verification of annual emergency preparedness
exercises, and plans for communicating with the public during disasters and outages
impacting their networks. These plans must be updated and filed annually.
• Adopt a 72-hour backup power requirement to ensure that a minimum level of service and
coverage is maintained during disasters or power outages in Tier 2 and Tier 3 High Fire
Threat Districts. Wireless providers must have this infrastructure ready for use within 12
months.
• File comprehensive Communications Resiliency Plans with the CPUC that detail their
ability to maintain a minimum level of service and coverage during a disaster or power
outage. The plans must detail their use of an array of strategies, including backup power,
redundancy, network hardening, temporary facilities, preparedness planning, and
communication and coordination with other utilities, emergency responders, and the public.
Minimum level of service and coverage includes 9-1-1 service, 2-1-1 service, ability to
receive emergency alerts and warnings, and to access evacuation and de-energization
websites. Wireless providers must submit these plans within 6 months.
Today's action builds on proposals issued in March by President Batjer and a series of
communications customer protection requirements the CPUC approved in a prior Decision Q.-I9-
08-025 . That Decision determined that the wildfires of 2017, 2018, and 2019, as well as the PSPS
events initiated by utilities, revealed failures in California's communications network that resulted in
a loss of service to customers and endangered the lives of customers and first responders.
"Wireless networks are critical infrastructure for emergency response. Recent events have
demonstrated that the days of short, temporary back-up power are behind us and that outages are not
an option. We must move forward with efficient back-up power and resilient networks," said
Commissioner Martha Guzman Aceves.
"Increasing wireless subscriptions in our LifeLine program show us that many of California's most
vulnerable populations rely on cell phones in an emergency," said Commissioner Genevieve
Shiroma. "Today's Decision is critical to ensuring that these phones remain a true lifeline in times
of crisis. "
California Public Utilities Commission
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Business Unit #: 856871
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In a forthcoming proposal the CPUC will consider resiliency requirements for wireline providers.
The proposal voted on is available at
https://docs.epuc.ca. eov/PublishedDocs/Published/G000/M343/K633/343633733.PDF.
Documents related to the proceeding are available at
https•//apps cpuc ca Qov/at)ex/f9y=401.56.0••NO:RP 57 RIR:P5 PROCEEDING SELECT:R1803011.
The CPUC regulates services and utilities, protects consumers, safeguards the environment, and
assures Californians' access to safe and reliable utility infrastructure and services. For more
information on the CPUC, please visit www.cpuc,ca.gov.
###
"/ii = California Public Utilities Commission
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Site Name: AZUSA / CAMERON 23 Exhibit B
Business Unit #: 856871
ATTACHMENT NO. 2
WHEN RECORDED RETURN TO:
Prepared by:
Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
above this line for Recorder's Use
A.P.N. 8731-020-900
MEMORANDUM OF SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
This Memorandum of Second Amendment to Option and Lease Agreement is made
effective this day of , 20_ by and between CITY OF WEST COVINA, a
municipal corporation ("City"), with a mailing address of 1444 West Garvey Avenue, West
Covina, California 91790, and CCATT LLC, a Delaware limited liability company ("Tenant"),
with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
1. City and New Cingular Wireless PCS, LLC, a Delaware limited liability company
("Original Tenant") entered into an Option and Lease Agreement dated May 17, 2005 (the
"Original Agreement") whereby Original Tenant leased certain real property, together with access
and utility easements, located in Los Angeles County, California from City (the "Premises"), all
located within certain real property owned by City (the "Property"). The Property, of which the
Premises is part, is more particularly described on Exhibit A attached hereto.
2. The Original Agreement was amended by that certain First Amendment to Option
and Lease Agreement dated February 18, 2014 (the "First Amendment") (hereinafter the Original
Agreement and the First Amendment are collectively referred to as the "Agreement").
Documentary Transfer Tax $
_ Computed full value of property
_ Computed full value less liens & encumbrances remaining at time of sale
_ Computed full value of lease surpassing the 35-year term limit
_ Computed leased area of the property
Exempt -remaining lease term with renewal options is 35 years or less
Site Name: LA027-02 SHADOW OAK PARK 1 Thrifty v. County of Los Angeles (1989) 210 Cal.App.3d 881
Business Unit #: 856872
Signature of Deelamnt or agent
3. CCATT LLC is currently the tenant under the Agreement as successor in interest
to the Original Tenant.
4. City and Tenant have entered into a Second Amendment to Option and Lease
Agreement (the "Second Amendment"), of which this is a Memorandum.
5. By the Second Amendment, City and Tenant expanded the Premises to include
additional space, which consists of approximately two hundred twenty-one (221) square feet of
real property adjacent to the existing Premises at a location more particularly depicted in the
Second Amendment.
6. City and Tenant desire to execute this Memorandum, which is to be recorded in
order that third parties may have notice of the interests of Tenant in the Premises and of the
existence of the Second Amendment.
This Memorandum does not contain the social security number of any person.
8. A copy of the Second Amendment is on file with City and Tenant.
[Execution Pages Follow]
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872
IN WITNESS WHEREOF, hereunto and to duplicates hereof, City and Tenant have
caused this Memorandum to be duly executed on the day and year first written above.
CITY:
CITY OF WEST COVINA,
a municipal corporation
By:
Print Name:
Print Title:
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, Notary
Public,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
[Tenant Execution Page Follows]
(Seal)
Site Name: LA027-02 SHADOW OAK PARK
Business Unit #: 856872