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HomeMy WebLinkAbout18-64 CC Resolution RESOLUTION NO. 18-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 959-390-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula owns the real property commonly known as 32099 De Portola Road, Temecula, and identified as Assessor's Parcel Number 959-390-002, which is improved with Paloma Del Sol Park ("Property"). B. The City and Cox PCS Assets, LLC, a Delaware limited liability company entered into a lease dated December 23, 1998 for installation and use of wireless communication facilities ("Original Lease"). The Original Lease authorized the construction, including the removal and replacement of an existing 80-foot ballfield light pole, the installation of four panel antennas, and re-installation of lights on the replacement pole, installation of another 80-foot pole with eight panel antennas, installation of six cabinets housing appurtenant equipment (on a 12-foot by 30-foot concrete slab screened by a six-foot high chain link fence with vinal screen slats). C. STC ONE LLC, a Delaware limited liability company, registered in California as Tower Company One LLC, by and through its Attorney In Fact, Global Signal Acquisition III LLC, a Delaware limited liability company is the successor to the interests of Cox PCS Assets, LLC, a Delaware limited liability company. D. The City and Tenant desire to amend the Original Lease and to fully restate and replace the Original Lease pursuant to that certain agreement entitled "Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park" and dated September 25, 2018 ("Amended and Restated Lease")for the installation and use of the existing wireless commmuniations antennas and supporting equipment, and related conduit and easement areas. Specifically, the Amended and Restated Lease includes (i) an approximte 331 square foot area for the existing wireless commmunications antennas and supporting equipment described on Exhibit B to the Amended and Restated Lease together with a non-exclusive easement described therein, (ii) conduit easement areas under the portion of the Property described on Exhibit C to the Amended and Restated Lease for the installation operation, maintenance, repair and/or replacement of utility wires, cables, conduits, and pipes connecting the leased premises with the nearest point of utility service Resos 15-64 1 in accordance with plans and specifications approved in writing in advance by the City, and (iii) access easement areas over and across the portions of the Property described on Exhibit D to the Amended and Restated Lease (collectively "Premises"). E. As part of the negotiations for the lease of the Premises, the City obtained an appraisal of the Premises. The compensation/rent for the Premises has been determined in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq., and in particular with the requirements set forth in Public Resources Code Section 5405. F. The initial monthly rent for the Premises is $3,000 per month and the intial term of the lease commences on September 25, 2018 and expires on September 24, 2023. The Amended and Restated Lease also provides for automatic five successive five-year terms, subject to the terms and conditions set forth therein. G. The City will use the funds received pursuant to the Amended and Restated Lease in compliance with the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq. Section 2. Approval of Agreement. The City Council of the City of Temecula approves that certain agreement entitled Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park, with such changes in the Amended and Restated Lease as may be mutually agreed upon between the City and Tenant as are in substantial conformance with the form of the Amended and Restated Lease presented to the City Council. The Mayor is hereby authorized to execute the Amended and Restated Lease on behalf of the City. A copy of the final Amended and Restated Lease, when executed by the Mayor, will be placed on file in the office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Amended and Restated Lease, and to administer the City's obligations, responsibilities and duties to be performed under the Amended and Restated Lease, including but not limited to, approval and execution on behalf of the City of necessary documents to implement the Amended and Restated Lease, including but not limited to, minor amendments or corrections as needed. Section 4. Environmental Analysis. The Amended and Restated Lease is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines. The proposed lease extends the existing 1998 Original Lease and continues to allow Tenant to use the property for the installation and use of the wireless telecommunications antennas and supporting equipment at Paloma Del Sol Park. The Amended and Restated Lease involves negligible or no expansion of the uses currently authorized by the 1998 Original Lease. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. Resos 18-64 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2018. Matt Rahn, Mayor ATTEST• Randi , ity Clerk [SEAL] Resos18-64 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-64 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Stewart, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 18-64 4