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Home My WebLink AboutC-3706(B) - Telecommunications License Agreement (for 101 (CS) West Coast HighwayFinal 7/14/05 TELECOMMUNICATIONS LICENSE AGREEMENT (Streetlight) This LICENSE AGREEMENT ("Agreement") is entered into between Sprint PCS Assets, LLC, a Delaware limited liability company ("Company") and the City of Newport Beach, a municipal corporation and charter city ("City") this 14th day of July, 2005. Company and City are each el "Party" and together the "Parties" to this Agreement. RECITALS A. City is the fee title owner of a streetlight located within the public right of way on the south side of Pacific Coast Highway near the southeast intersection of Dover Drive and Pacific Coast Highway, otherwise known as 101 (CS) W. Coast Highway, City of Newport Beach, California, as depicted in Exhibit "A" attached hereto, ("Streetlight"); B. Company desires to license from City, on a non-exclusive basis, the right to replace the Streetlight with a new streetlight ("Replacement Streetlight") to accommodate both the City's standard streetlight fixture and the operation of its wireless telecommunications antenna and related facilities, including any ground support equipment such as electric meters, vaults, above ground boxes, switch gear, transformers, etc., on property within City's jurisdiction or control which is shown as Reference Note 3 in Exhibit "A" (hereinafter the "License Area"); C. City is willing to make the License Area available to Company, subject to the covenants and conditions set forth in this Agreement, on a non-exclusive basis, in order to facilitate the efficient and orderly deployment of communications facilities in the City of Newport Beach; and D. Company hereby represents that the Replacement Streetlight is upon land owned and operated by Caltrans. Company has obtained an Encroachment Permit from Ca!trans, which is attached hereto as Exhibit "B", and fully incorporated herein. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. License: City grants a non-exclusive license ("License") to Company for the term of this Agreement, to replace the Streetlight with the Replacement Streetlight, as it is described in the Telecom Permit, for the uses specified in this Agreement. City further grants to Company a non-exclusive license to access the Replacement Streetlight seven (7) days a week, twenty-four (24) hours a day, or as subject to the conditions of the Encroachment Permit issued by the Public Works Department, attached hereto as Exhibit "C", and to the terms of all governmental licenses, permits and approvals required by Federal, State or local governmental agencies, for construction, installation and maintenance of the facilities and utility 1 wires, cables, conduits as necessary to operate the Telecommunications Facilities, as defined below, and for the construction and installation of a working streetlight pursuant to City standards, and as approved by the City. All installation and maintenance activities shall be at Company's sole cost and expense, including but not limited to the fees and costs associated with the permits and government approvals described in Article 3, pursuant to plans approved in advance in writing by the City. The license granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Company covenants, as a material part of the consideration for this license, to keep and perform each and every term, covenant and condition of this Agreement. The Company shall be responsible for all maintenance associated with the Telecommunications Facilities. The City shall be responsible for all maintenance associated with the streetlight portion of the Replacement Streetlight, including but not limited to, the working streetlight itself, the wires and equipment necessary to operate the streetlight, and the physical pole. Notwithstanding Company's construction and installation of the Replacement Streetlight, it is the parties' intention that Company's interest in the Replacement Streetlight is restricted to this License and the City retains all rights, title and interest in the Replacement Streetlight. 2. Uses: Company shall use the Replacement Streetlight for the sole purpose of constructing, maintaining, securing and operating a wireless telecommunications antenna, wires and/or cables, described in the Telecom Permit, to transmit and receive radio communication signals an various frequencies (between 1850 and 1945 MHZ), all in compliance with the approved site plans and related drawings dated May 27, 2004,on file with the City Planning Department, and the conditions of approval contained in the Telecommunications Permit issued by the Planning Department in accordance with Chapter 15.70 of the Newport Beach Municipal Code, ("Telecom Permit" No. TP 2004-001, (PA2004-023)), attached hereto as Exhibit "D" (collectively, the "Telecommunications Facilities" or "Facilities"). The Telecommunications Facilities and operating frequencies may not be expanded or Modified except upon written approval of art amended Telecom Permit and as may be required by this Agreement. Construction and operation of the Telecommunications Facilities shall be at Company's sole expense. Company shall keep the Telecommunications Facilities free from hazards or risk to the public health, safety or welfare. Except as provided under this Agreement, Company shall not make or permit to be made any alterations, additions or improvements to the Replacement Streetlight, or paint, install lighting or decorations, or install any signs, lettering or advertising media of any type or any other visual displays, on or about the Replacement Streetlight without the prior written consent of City. Notwithstanding the foregoing, Company shall have the right to place warning signs on or about the Telecommunications Facilities in the manner required by Federal, State or local law. 2 3. Telecommunications Permit And Government Approvals: Prior to the issuance of a building permit for construction of the Telecommunications Facilities, Company shall obtain a Telecom Permit from the City and an Encroachment Permit from the Public Works Department. Company shall comply with all conditions of approval contained in the Telecom Permit and the Encroachment Permit. ,Company shall obtain all other governmental licenses, permits and approvals required by Federal, State or local governmental agencies, enabling Company to construct, operate, repair and remove the Telecommunications Facilities in the License Area. 4. Term: The initial Term of the license granted hereunder ("Term") shall commence on the Commencement Date and continue for a period of five (5) years. For purposes of this Agreement, the "Commencement Date" shall be the first to occur of (i) the first day of the month following the date City issues a building permit to allow Company to construct the Facilities on the License Area, or (ii) six (6) months after the date of this Agreement, whichever comes first. After the Commencement Date, this License shall not be revoked or terminated except as expressly provided in this Agreement. This Agreement shall automatically be extended, on the same terms and conditions as set forth in this Agreement, for up to three (3) successive terms of five (5) years each ("Renewal Terms") unless at least thirty (30) days prior to the expiration of the Term or any Renewal Term, Company notifies City in writing of Company's intention not to extend this Agreement and by the end of the then curfent Term or Renewal Term the Company also complies with the surrender conditions of Section 17 below. Notwithstanding the above, this Agreement shall not be automatically extended if Company has defaulted in the performance of any term or condition of the Agreement and has failed to cure such default after notice as provided in this Agreement. 5. Fees and Costs: a. Within fifteen (15) days following the Commencement Date, and on the first day of each month during the Term and each Renewal Term, Company shall pay to City a License Fee in an amount of One Thousand and 00/100 Dollars ($1000.00) per month, adjusted in accordance with paragraph (b) immediately below (the License Fee, as adjusted herein, is referred to as the "License Fee"). The License Fee for any partial month shall be prorated in accordance with the actual number of days in that month. b. Beginning in year two of the Term of this Agreement, the License Fee shall automatically increase each and every year during the Term and any Renewal Term, upon the Anniversary Date, with the exception of any Anniversary Date on which the fee is being increased under Section 6, below, to "Market Rate" (as defined below). The amount of increase shall 3 be four percent (4%) of the License Fee in effect immediately preceding the increase. Notwithstanding the foregoing, the License Fee upon which the annual increase is calculated may be adjusted prior to and effective upon each Renewal Term in accordance with Section 6 below. c. A ten percent (10%) penalty shall be added to the License Fee if not received by City within thirty (30) days following the due date. In addition all unpaid fees shall accrue interest at the rate of One and a Half Percent (11/2%) per month or any portion of a month until paid in full. 6. Adjustment of License Fee Upon Renewal: The City shall conduct rent surveys and appraisals of rents or license fees paid for similar facilities in similar California locations. The Telecommunications Committee shall then meet to review such rent surveys and appraisals and make a recommendation to the City Manager's office for the Market Rate of the Telecommunications Facilities. Sixty (60) days prior to the start of the second (2nd) Renewal Term, and each Renewal Term thereafter, the City Manager shall establish the Market Rate of the Telecommunications Facilities based upon the Telecommunications Committee recommendations. The Parties recognize that the annual increase in the License Fee as required by Section 5(b) may cause the License Fee to be greater than, less than, or equal to the Market Rate. If the Market Rate is greater than the License Fee as adjusted by the annual increase in Section 5(b) above, then the License Fee for the second (2nd) Renewal Term, and each Renewal Term thereafter, shall be adjusted to the higher Market Rate for that Renewal Term. If the Market Rate is less than or equal to the License Fee as adjusted by the annual increase in Section 5(b) above, then the License Fee for the Renewal Term shall be the License Fee at the expiration of the term immediately preceding the Renewal Term. 7. Adjustment of License Fee Upon Modification of Uses: The License Fee set out in this paragraph is based upon the Facilities, Replacement Streetlight and License Area permitted by the Telecom Permit. Changes in the Facilities, Replacement Streetlight or License Area may increase the value of this License Agreement. To the degree that a change in the Facilities requires amendment or modification to the Telecom Permit, City and Company understand and mutually agree that a corresponding increase in the Market Rate of the Telecommunications Facilities may be reflected in an adjustment to the License Fee. Such an adjustment may be defined at the time at which Company seeks City's approval for modifications in the Telecommunications Facilities described in Paragraph 2, and shall be mutually agreed to by the Parties as a condition of the City's approval of such expanded service by the Company. 8. Interference with City Telecommunications: 4 a. Company agrees that its operation of the Telecommunications Facilities shall at all times comply with all Federal Communications Commission ("FCC") requirements and shall not cause any direct or indirect interference with the operation of the Replacement Streetlight as a streetlight or City's own wireless communications facilities, including but not limited to public safety transmissions, police and fire communications, water or sewer internal or external radio signals and communications, as they now exist or may from time -to -time hereafter exist ("City's facilities"). b. In the event of any interference with City Police and Fire Department public safety communications, Company shall work with the affected Department to correct the interference within two (2) hours of City's written or telephone notice to Company. In the event of interference with City's streetlight or own wireless communications system or external radio signals and communications other than Police or Fire Department, Company shall work with City to correct the interference within twenty-four (24) hours of City's written or telephone notice. If it is determined the interference is caused by the Facilities and if Company is unable to correct interference to City's satisfaction, Company shall cease its operation of the Telecommunications Facilities at the end of such time period until the cause of the interference is corrected to City's satisfaction. If Company fails to correct any interference, City may, in addition to and without compromising any other available remedy cut off power to the facility in the manner set forth in Section 9 below. c. Prior to making any changes to the frequency or operating conditions approved by the Telecom Permit, Company shall submit plans for the proposed changes to City for its review and approval. Company agrees to fund any studies required to ensure that any contemplated changes will be compatible with the City's facilities. No Company change shall occur prior to the City's approval. 9. Emergency: a. Company understands that the Telecommunications Facilities are located on a public structure or within public property and emergency situations may develop from time -to -time that require power to the Telecommunications Facilities to be immediately shut off and thereby interfere or temporarily terminate the Company's use of its Facilities on the Replacement Streetlight and License Area. Notwithstanding Paragraph 8 of this Agreement, Company agrees that if such a situation occurs, and there are frequency interferences of any nature between City's Police and Fire Department public safety communications equipment or City's facilities affecting operation of sewer or water service and that of Company in a manner that threatens public health or safety, City shall have the right to immediately shut off power to the Telecommunications Facilities and any equipment of Company's located an the Replacement Streetlight for the duration of the emergency. Company agrees not to hold 5 City responsible or liable for and shall protect, defend, indemnify and hold City harmless for any damage, Toss, claim or liability of any nature suffered as a result of the Toss of the use of the Telecommunications Facilities or other communication facilities by the shut off of power. b. Company agrees to install a clearly marked & accessible master power "cut-off' switch on thgir equipment for the purpose of assisting City in such an emergency. c. Unless otherwise specifically provided in a notice of termination of this Agreement, City's exercise of the right to shut off any power to the Telecommunications Facilities pursuant to Paragraph 9a is not intended to constitute a termination of this Agreement by either party and such event is a risk accepted by the Company. Company and City shall meet after the City determines that an emergency situation has ended to establish the time and manner in which power shall be restored. The License Fee, prorated to a 365-day year, shall be abated for any day, or part thereof, in which power to the Telecommunications Facilities is shut off pursuant to Paragraphs 8 or 9 of this Agreement. d. City shall have the right to reasonably determine what constitutes an "emergency situation" pursuant to this Section. 10. Acceptance of Condition of License Area: Company shall accept use of the Replacement Streetlight, Streetlight and License Area in an "as is" condition, with no warranty, express or implied from thq City as to any latent, patent, foreseeable and unforeseeable condition of the Replacement Streetlight, Streetlight and License Area, including its suitability for the use intended by Company. To the best of City's knowledge, the Replacement Streetlight, Streetlight and the License Area has not been used for generation, storage, treatment or disposal of Hazardous Substances as defined in Section 26. The Company has conducted its own appropriate due diligence investigation of the Replacement Streetlight, Streetlight and License Area prior to its'execution of this Agreement. 11. No Interest in Property: Nothing herein shall be deemed to create a lease, or easement of any property right, or to grant any, possessory or other interest in the Replacement Streetlight, Streetlight, License Area, or any Caltrans property, other than a license to use and access the Replacement Streetlight and License Area, revocable and for a term as set forth in this Agreement. 12. Reservation of Rights: Company understands, acknowledges and agrees that any and all authorizations granted to Company under this Agreement are non-exclusive and shall remain subject to all prior and continuing regulatory and propriety rights and powers of 6 City to regulate, govern and use City property, as well as any existing encumbrances, deeds, covenants, restrictions, easements, dedications and other claims of title that may affect City property. 13. Utilities: Company shall not do, nor shall it permit anything to be done that may interfere with the effectiveness and accessibility of the Replacement Streetlight, except as may be specifically permitted by the Telecom Permit. The Telecommunications Facilities shall be separately metered. In addition to the License Fee, Company shall be responsible for the cost of all utility services necessary for the operation of the Telecommunications Facilities, and if required by City, shall have such utilities installed underground and/or connected if already installed, and maintained at Company's sole cost and expense (along with all ongoing use charges). Subject to City's approval, Company shall obtain an encroachment permit from City's Public Works Department and submit plans for underground construction of any required utility lines to City for its review and approval prior to commencement of construction. 14. Inspection: City shall be entitled to inspect the Replacement Streetlight and Telecommunications Facilities for compliance with the terms of this Agreement, and with all applicable Federal, State and local (including those of the City) government regulations. 15. City Retention Rights: Company's right to use the Replacement Streetlight and License Area during the term of this Agreement shall be subordinate and junior to the rights of City to use and occupy the Replacement Streetlight and License Area for any purpose that does not interfere with Company's use of the Replacement Streetlight and License Area as provided herein. 15. Company's Retention of Title: Title to the Telecommunications Facilities placed on the Replacement Streetlight and License Area by Company shall be held by Company or its equipment lessors, successors, or assigns. The Telecommunications Facilities shall not be considered fixtures. Company has the right to remove any or all of the Telecommunications Facilities at its sole expense from time -to -time and in all events by the expiration of this License or within thirty (30) days after an early termination of this License. 17. Surrender: Upon expiration or termination of this Agreement, Company at its sole cost and expense, shall within sixty (60) days of written notice from City, remove the Telecommunications Facilities, restore the Replacement Streetlight and License 7 Area to its original condition or to a condition satisfactory to and approved by City, and vacate the Replacement Streetlight and License Area. Should Company fail to restore the Replacement Streetlight and License Area to a condition satisfactory to City, City may perform such work or have such work performed by others and Company shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of an invoice for such costs. Company shall continue to pay the License Fee until the Replacement Streetlight and License Area is so restored as required by this Agreement. 18. Assignment: a. All of the terms and provisions of this Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. This Agreement and the rights and obligations of Company shall not be assigned, transferred, or hypothecated (collectively referred to as "transferred"), in whole or in part, without the express written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned and may be withheld if assignee is of lesser financial status than Company when this Agreement was executed. Any attempted transfer in violation of this Section shall be void. Except as provided below, the transfer of the rights and obligations of Company to any successor in interest or entity acquiring fifty-one percent (51 °/o) or more of Company's stock or assets, shall be deemed an assignment requiring consent. Company shall provide City at least thirty (30) days advance written notice of any proposed transfer. b. If Company desires at any time to effect a transfer, it shall first deliver to City (1) a written request for approval, (2) the name, address and most recent financial statements of the proposed transferee and (3) the proposed instrument of assignment or sublease, which in the case of assignment shall include a written assumption by the assignee of all obligations of this Agreement arising from and after the effective date of assignment. c. Notwithstanding paragraph 18(a) above, Company may, without prior approval from time -to -time, do any of the following: 1. Grant to any person or entity a security interest in some or all of Company's Telecommunications Facilities which lien shall be subordinate and junior to this License; and 2. Assign financial and/or operating interest in Company: (i) to any entity which has, directly, or indirectly, a thirty percent (30%) or greater interest in Company (a "Parent") or in which Company or a Parent has a thirty percent (30%) or greater interest (an "Affiliate"); (il) to any entity with which Company and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Company or any Affiliate; or (iv) to the holder or transferee of the FCC license under which 8 the Telecommunications Facilities is operated, upon FCC approval of any such transfer. Any such assignment shall be conditioned upon and not be effective until Company cures any defaults under this Agreement and the assignee signs and delivers to City a document in which the assignee accepts responsibility for all of Company's post, current and future obligations under the Agreement. d. No assignment by the Company shall release Company from continuing liability under this Agreement with the exception of a buyout of the Company by another entity which formally assumes all post, current and future obligations of the Company under this Agreement. 19. Taxes: Company shall pay all personal interest property taxes, real property taxes, fees and assessments which may at any time be imposed or levied by any public entity and attributable to the Telecommunications Facilities authored herein. City hereby gives notice to Company, pursuant to Revenue and Tax Code Section 107.6 that this Agreement may create a possessory interest which is the subject of property taxes levied on such interest, the payment of which taxes shall be the sole obligation of Company. 20. Relocation: Company agrees that whenever any City improvements may be required (for example, the widening of a street or replacement of a bridge), the City may require the relocation of any such Telecommunications Facilities at the Company's expense, without making any claim against the City for reimbursement or damage therefore. 21. Termination: a. This Agreement may be terminated by either party (1) for cause, for failure to comply with any covenant, condition or term hereof by the other party, including payment of the License Fee which failure is not cured within thirty (30) calendar days of receipt of written notice of default. If such breach, other than payment of the License Fee, is not capable of cure within such thirty (30) calendar -day period, then no breach or default shall be deemed to have occurred by reason of such failure so long as the defaulting party promptly commences and diligently prosecutes such cure to completion within a reasonable time period; or (2) Company fails to construct and commence operation of the Telecommunications Facilities authorized by this Agreement within one year of the date of this Agreement or ceases to operate the Telecommunications Facilities for a continuous period of six (6) months. b. City may also terminate this Agreement, without cause, upon one hundred and eighty two (182) calendar days advance written notice to the other 9 party that the License Area is necessary for a public purpose. City agrees to cooperate with Company to identify alternate locations to relocate the Telecommunication Facilities. c. Company may also terminate this Agreement by providing the City with advance written notice: (1) if Company is unable to reasonably obtain or maintain any certifica,te, license, permit, authority or approval from any governmental authority, thus, restricting Company from installing, removing, replacing, maintaining or operating the Telecommunications Facilities or using the License Area in the manner described in Section 2 of this Agreement; or (2) Company determines that the License Area is not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, provided that for any termination by Company under this subsection 21(c)(2) after the Commencement Date, Company shall provide City not Tess than one hundred and eighty two (182) days prior written notice of termination. d. Any termination is subject to the Company complying with the surrender obligations of Section 17, above. Additionally, following any termination of this Agreement, City shall reimburse Company for any advanced payments of the License Fee, prorated to a 365-day year. 22. Construction: a. Company agrees to take all prudent action to protect the Telecommunications Facilities and City facilities from any damage or injury caused by any work performed by or on behalf of Company regarding the construction, installation, operation, inspection, maintenance, repair, reconstruction, replacement, relocation, or removal of its Telecommunications Facilities or the failure, deterioration or collapse of such Telecommunications Facilities. b. Company shall, at its sole cost and expense, continually maintain in a first- class manner, and repair any damage to the Replacement Streetlight and License Area, to the extent such damage is caused by Company or any of its agents, representatives, employees, contractors, subcontractors, or invitees. Company shall immediately notify the City Manager and the appropriate public safety agency (e.g. police and fire department) of any damage or injury caused by work authorized pursuant to this Agreement. c. Without limitation of any other remedy available hereunder or at law or in equity, if Company fails to repair or refinish any such damage, City may, at its sole discretion, but not be required to, repair or refinish such damage and Company shall reimburse City of all costs and expenses incurred in such repair or refinishing. d. Company, prior to the issuance of an Encroachment Permit by the Public Works Department for the Facilities, shall submit to the City and, 10 throughout the Term and each Renewal Term, maintain in effect, a bond, letter of credit or other security, in the principal amount of One Thousand and 00/100 Dollars ($1000.00) ("Security") to ensure and secure faithful compliance with the conditions of this Agreement. The Security shall be in a form acceptable to the City, and shall remain in effect throughout the term of this Agreement. The purpose of the Security is to provide payment to the City for any ant all expenditures incurred by the City under this Agreement, including but not limited to costs of repairs and cost of removal of the Facilities upon expiration or termination of this Agreement should Company fail to do so as required by this Agreement, including attorneys' fees and costs, reasonably necessary to enforce the terms of this Agreement. The Security shall in no way limit the liability or obligations of Company or its insurers under this Agreement. If the funds represented by the Security become exhausted, Company shall immediately provide the City with a new security in the amount necessary to provide full required Security. 23. Maintenance: Company shall take good care of the Telecommunications Facilities and keep the Telecommunications Facilities neat, clean and free from graffiti, dirt and rubbish at all times. 24. Multiple Companies: The Parties recognize that this Agreement contemplates installation and use by multiple entities or companies, other than City, seeking to place telecommunications facilities in or about the Replacement Streetlight, License Area or Caltrans property. Company shall use its best efforts to coordinate its activities with those other such entities to reduce the costs of all such parties and to avoid interference with each such party's realizations of benefits of this and similar Agreements. If City deems reasonably necessary, City shall coordinate any such cooperative efforts. City will not enter into a subsequent agreement with another entity to place telecommunications facilities within the License Area orin proximity to the License Area if Company has shown to City's satisfaction, after compliance with this section, that additional telecommunications facilities are technically incompatible with the operation of the Telecommunications Facilities under this Agreement. 25. Indemnification: Company shall indemnify, release, defend and hold harmless City, its officers, agents, and employees against any and all claim, demand, suit, judgment, loss, liability or expense of any kind, including attorneys' fees and administrative costs, arising out of or resulting in any way, in whole or in part, from the latent or patent defects in design and construction of Replacement Streetlight, Telecommunications Facilities or any acts or omissions, intentional or negligent, of Company or Company's officers, agents or employees in the performance of their duties and obligations under this Agreement, except to the extent such 11 claims are caused by the active negligence, or willful misconduct of City, its officers, agents and employees. a. During the term of this Agreement, Company shall maintain, at no expense to City, the following insurance policies with a minimum financial rating of Best A-VII or better; 1. A comprehensive general liability insurance policy in the minimum amount of one million ($I,000,000.00) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000.00) dollars per occurrence; b. The insurance coverage, shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or coverage for any contribution. 2. The insurance policies shall be endorsed for contractual liability and personal injury; 3. The insurance policies shall be specifically endorsed to include City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies; 4. Company shall provide to City's Risk Manager, (a) original Certificates of Insurance evidencing the insurance coverage required herein, and (b) original specific endorsements naming City, its officers, agents, employees, and volunteers, as additional named insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City's Risk Manager; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five (5) years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The insurance shall be approved as to form and sufficiency by the City's Risk Manager and the City Attorney. 12 c. If it employs any person, Company shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both Company and City against all liability for injuries to Company's officers and employees. d. Any deductibles or self -insured retentions in Company's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At City's option, the deductibles or self -insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Company shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. e. The limits of coverage provided in Section 25(a) above may be increased to reflect Council adopted coverage as determined necessary by the City's Risk Manager consistent with industry standards. 26. Hazardous Substances: a. From the date of execution of this Agreement throughout the Term and any Renewal Term, Company shall not use, store, manufacture or maintain on the Replacement Streetlight and License Area any Hazardous Substances except (i) in such quantities and types found customary in construction, repair, maintenance and operations of Telecommunications Facilities approved by this Agreement, (ii) petroleum and petroleum products contained within regularly operated motor vehicles. Company shall handle, store and dispose of all Hazardous Substances it brings onto the Replacement Streetlight and License Area in accordance with applicable laws. b. For purposes of this Agreement, the term "Hazardous Substance" means: (i) any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. ("CERLCA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Sections 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.; California Health and Safety Code Sections 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Sections 25170.1 et seq.; California Health and Safety Code Sections 25501 et seq. (Hazardous Materials Response Plans and Inventory); or the Porter -Cologne Water 13 Quality Control Act, Water Code Sections 13000 et seq., all as they, from time -to -time may be amended, (the above -cited statutes are here collectively referred to as "the Hazardous Substances Laws") or any other Federal, State or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or rpaterial, as now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory, including but not limited to negligence, trespass, intentional tort, nuisance, waste or strict liability or under any reported decisions of a state or federal court; (ili) petroleum or crude oil; and (iv) asbestos. c. Notwithstanding any contrary provision of this Agreement, and in addition to the indemnification duties of Company set forth in Section 25, Company agrees to indemnify, defend with counsel reasonably acceptable to City, protect, and hold harmless the City, its officials, officers, employees, agents, and assigns from and against any and all losses, fines, penalties, claims, damages, judgments, or liabilities, including, but not limited to, any repair, cleanup, detoxification, or preparation and implementation of any remedial, response, closure or other plan of any kind or nature which the City, its officials, officers, employees, agents, or assigns may sustain or incur or which may be imposed upon them in connection with the use of the Replacement Streetlight and License Area provided under this Agreement, arising from or attributable to the storage or deposit of Hazardous Substances on or under the Replacement Streetlight and License Area. This Section 26 is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 USC Section 9607(e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City for any claim pursuant to the Hazardous Substance Laws or the common law. d. City agrees that City will not, and will not authorize any third party to use, generate, store, or dispose of any Hazardous Substances on, under, about or within the Replacement Streetlight and License Area in violation of any law or regulation. City and Company each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this Section 26. This Section 26 shall survive the termination of this Agreement. Upon expiration or earlier termination of this Agreement, Company shall surrender and vacate the Replacement Streetlight and License Area and deliver possession thereof to City on or before the termination date free of any Hazardous Substances released into the environment at, on or under the License Area that are directly attributable to Company. 14 27. Compliance with Laws: Company, at its sole cost, shall observe, perform, and comply with all laws, statutes, ordinances, rules, and regulations promulgated by any governmental agency and applicable to the Replacement Streetlight and the License Area, or the use thereof, including all applicable zoning ordinances, building codes and environmental laws. Company shall not occupy or use the Replacement Streetlight and License Area or permit any portion of the Replacement Streetlight and License Area to be occupied or used for any use or purpose that is unlawful in part or in whole, or deemed by City to be disreputable in any manner or extra hazardous on account of fire. 28. Not Agent of City: Neither anything in this Agreement nor any acts of Company shall authorize Company or any of its employees, agents or contractors to act as agent, contractor, joint venturer or employee of City for any purpose. 29. No Third Party -Beneficiaries: City and Company do not intend, by a provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 30. Notices: All notices and other communications required or permitted to be given under this Agfeement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 and with respect to insurance issues: City Risk Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 To Company: Sprint Contracts & Performance Mailstop KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 15 with a copy to: Sprint Law Department Maiistop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas, 66251-2020 Attn: Real Estate Attorney 31. Entire Agreement Amendments: a. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. b. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Company and the City. c. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. d. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the a Company and City. e. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. f. Any obligation of the parties relating to monies owed, as well as those provisions relating to limitations on liability and actions, shall survive termination or expiration of this Agreement. 32. Waivers: The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 16 33. Costs And Attorneys' Fees: The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, shall not be entitled to recover its attorneys' fees. 34. City Business License: Company shall obtain and maintain during the duration of this Agreement, a City business license as required by the Newport Beach Municipal Code. 35. Applicable Law: This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. Time is of the Essence: Time is of the essence for this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date and year first written herein. City of Newport Beach Sprint PCS Assets, L.L.C., A Municipal Corporation iom ATTEST: udau, City Manager City Clerk APPROVED AS TO FORM: C Aaron C. Harp, Assistant City Attorney 17 a Delaware Limited Liability Company By: aertr Name: Cynthia Jolly Site Delivery Manager Title: Date: 7 (Pfig falEMIUMIES ITC ENSTCNOC 12 =OW 01 600(0100.00 uTAITY PINS 01 560/5IU015 S0000 ON 004 VAX st/C 61SE Fr" 505BO0010 AYYNABLE 11/00G NECOODS 14241110. NO 6006002(E is 101/44 0101 51.0.5.02CTOTES 00 %CM =ATMS 1.05 TNE 0000110011 SNAiL WE OUT 00ECAL012.000 INFAMIES TO MYER ALL UM. 6045 020A/0OIG WISE MN WAN ON NOT ON MOM ON DLUNG USA YO NOUNS KRAL 001401114.. 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AlCG35XC Si EXHIBIT "13" STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT RIDER TR-0122 (REV 2/98) TO: PRINT PCS C/O CABLE ENGINEERING SERVICES 10640 SEP ILVEDA BLVD., SUITE MISSION HILLS, CA 9':345 LUKE SNYDER 818/898-2352 Collected By Rider Fee Paid $ 82.00 Permit No. (Original) 1203-6UL-0829 Date JUN. 9, 2005 In compliance with your request received by Perms Office on JUN 9, 2005 We are hereby amending the above numbered encroachment permit as -allows: Date of completion extended to DEC. 31, 2005. NO OTHER HER CHANGES DistfCoiRte/PM 12-ORA-1-18.5 Rider Number 1205-6RT- 0293 , PERMJTTEE Except as amended, all other terms and provisions of :he origins: permit shall remain in effect. 0riginai tv Permittee =Ile: 05-0293 -iie: 03-0; 29 Derav:. Permits Javid, r arrriits _. Jalali. ''arrnits '.`:tce (2) ='rupare.c :7v : ATE Pernnt: Entlinter STATE OF- CALI; ORNIIA ■ DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT TR-0120 (REV. 2J96) Permit No. 1203-6UL-0829 In compliance with (Check one): } Your application of DEC. 15, 2003 Eist/CofRteIPM 12-ORA- 1 —18.45 f 0 Ut ty Notice No. Ofi r'J Agreement No. Of RAM Contract No. of TO: SPRINT PCS 26051 MERIT CIRCLE, SUITE 105 LAGUNA HILLS, CA 92653 STEVEN CARIAS 949/582-2213 And subject to the following, PERMISSION IS HEREBY GRANTED to: Date DECEMBER 30, 2003 Fee Paid Deposit $1200.00 Performance Bond Amount (') Payment Bond AmounE (2) $ i$ Bond Company Bond Number (1) Bond Number (2) PERMITT EE Install 2,9m x 2.0m x 1.4m concrete vault and a meter cabinet on concrete pad, replace existing street light, and dig trench at four locations for Sch. 40 PVC pipes. All work will be done within State right of way along southbound Pacific Coast Highway (SR-1) from Balboa Shore Drive in the City of Newport Beach. All work performed shaft be in accordance with current Caltrans Standard Specifications and Standard Plans, Section 600 (Utility Permits) of the Encroachment Permits Manual, the attached provisions, and Permit Plans dated DECEMSR 15, 2003. Permittee shall contact SHAHRYAR DERAVI, State Permit Inspector, at 949/756-7677, IRAJ JAV1D, State Permit Electrical inspector, at 9491724-2844, and JOHN JALALI, State SWPPP Coordinator, at 949/724-2266 between 7 AM and 9 AM a mirlirnurn of five working days prior. io the start of work. Failure to comply with this 7eouirement will result in suspension of this permit. The iollowina attachments are also included as part of this perm: (Check applicable): X Yes Yes X Yes Yes x No General Provisions Na Utility Maintenance Provisions No Special Provisions No A Cab-OSHIA , errnit required p ±:• to beginnb work; Tr In addition to fee; t7is oermittee will be bled actual casts fo7 x Yes NC Review X Yes No Inspection X Yes N ❑ Field Work (If any Caltrans effort expended) ri Yes No The information in the environs e..t ! documentation has been reviewed and is consioerec :7:iorto approval of this permit. This permit is void unless the work Is complete before F'EBRUARY 29, 2004 This permit is to be strictly construed and no o_her work other tan epecifica[ly mentioned is iereby aursorized. N❑ protect work shall be commenced until all other necessary oa--'is and environmental clearances have been obtained. Orig. to Permittee APPROVES: File 03-0829 S. DERAVI, Permits I. JAV]D, Permits J, JALALI, Permits Ivltce. (2) Prepared by ATE Cindy Quer District Direct ohmshIanii, District Permit Engineer � r Pie I r= 2 SPRINT PCS 1203-6UL-0829 DEC. 30, 2003 In addition to the attached General Provisions (R=0045), the following Special Provisions are applicable: • Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or trave}ed way within the limits of this work. • All components of the traffic control system shall be removed from the traveled way and paved shoulders at the end of each working day. • Orange vests and hard hats shall be worn at all times while working within State right -of way. • The full width of traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, after 3:00 PM on Fridays and on the day preceding designated }egal Holidays, and when construction operations are not actively in progress. • Unless otherwise approved by the State Permit Inspector, no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, or between 3:00 PM and 6:30 PM. • immediately following completion of the work permitted herein, Permitt.ee shall submit "AS -GUILT" plan and the Work Completion Notice/Customer Service Questionnaire to close this file. ENVIRONMENTAL REQUIREMENTS: • Permittee shall keep a copy of the approved WPCP at the job site at all times. • El cultural remains are discovered during excavation, all earth moving activity within and around The site area must be diverted until a Caltrans Archaeologist can assess the find. • If human remains are discovered, State Health ant Safety Code Section 7050.5 states that disturbances and activities shall cease. The County Coroner must be notified of the find immediately so the: he/she may ascertain the origin and disposition, pursuant to Public Resources Code Section 5097.98. If the remains are determined to be prehistoric then the coroner will notify the Native Americar Heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLD). The MLD may inspect the remains with the approval of the landowner or the authorizes representative. The MLD must complete this inspection within 24 hours after notification by the NAHC. The MLD may recommend scientific removal e ad nondestructive analysis. • Any runoff draining into Caltrans Right of Way from construction operations, or from the resultng project, must fully conform to the current discharge requirements of the Regional Water Quality Control Board to avoid impacting water quality. Permittee must incorporate measures to contain all vehicle loads and avoid any tracking of materials, which may fall or blow onto Caltrans roadways or facilities during construction. ?one 2 of 2 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR-0045 (REV.OS/2004) 1. AUTHORITY: The Department's authority to issue encroachment permits is provided under, Div. 1, Chpt. 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code. 2. REVOCATION: Encroachment permits are revocable otii five days notice unless otherwise stated on the permit and except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modification or abrogation at any time. Pertninees' joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State highway right of way are exceptions to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due can result in rejection of future applications and dettia] of permits. 4. ASSIGNMENT: No party other than the permittee or permittee's authorized agent is allowed to work under this permit. 5. ACCEPTANCE OF PROVISIONS: Permttee understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be performed under this permit. 6. BEGTNN`1NG OF WORK: When traffic is not impacted (see Number 35), the perrnittee shall notify the Depaisment's representative, two (2) days before the intent to start permitted work. Permittee shall notify the Department's Representative if the work is to be interrupted for a period of five (5) days or more, unless otherwise agreed upon. All work shall be performed an weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF'CONSTRTJCTION: All work performed w thin highway right of way shall conform to recognized con.sraution standards and current Department Standard Specifca:ions, Department Standard Plans High and I.ow Risk Faci'.i Specifications, and Utility Special Provisions. Where ref renee is made to "Contractor and Engineer," these are amended to be read as "Permittee and Department representative." S. PLAN CHANGES: Changes to plans, specifications, and oee:nit provisions are not allowed without prior approval from the State representative. 9. INSPECTION AND APPROVAL: All work is subject. to monitoring and inspection. Upon completion of work, perrnittee shall request a final inspection for acceptance and approval by the Department. The local agency permittee shall not give final constriction approval to its contractor until final acceptance and approval by the Department is obtained. 10. PERMIT AT WORKSITE: Permittee shall keep the permit passage or a copy thereof, at the work site and show it upon request tc any Department representative or law enforcement officer. If the pen:tit package is not kept and made available at the work site, the 'aork shall 13e suspended. I1. CONFLICTING ENCROACHMENTS: Permittee shall vieid start of work to ongoing, prior authorized, work adjacent to or withi: :he limits of the project site. When existing encroachments confii:: with new work, the permittee shall hear all cost for rearrangements. ,t.g.. relocation, alteration, removal, etc.). 12. PERMITS FROM OTHER AGENCTF'S: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (Cal -OSHA), or any other public agency having jurisdiction. 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 4' (1.21 meter) shall be maintained through the work area at existing pedestrian or bicycle facilities. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. 14. PUBLIC TRAFFIC CONTROL: As required by law, the permittee shall provide traffic control protection warning signs, lights, safety devices, etc., and take all other measures necessary for traveling public's safety. Day and night time lane closures shall comply with the 1vIUTCD and CA Supplement (Part 6, Temporary Traffic Control), Standard Plans, and Standard Specifications for traffic control systems. These General Provisions are not intended to impose upon the permittee, by third parties, any duty or standard of care, greater than or different from, as required by law. 15. MTNTMUM INTERFERENCE WITIi TRAFFIC: Permittee shall plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be unreasonably delayed. On conventional highways, permittee shall place properly attired flagger(s) to stop or wam the traveling public in compliance with the h{UTCD and CA Supplement (Chapter 61;, Flagger Control). 16. STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within State highway rich: -of- way, unless specified within the Special Provisions of this specific encroachment permit. If Encroachment Permit Special Provisions allow for the storage of equipment or materials within the State right of way, the equipment and material storage shall comply with Standard Specifications, Standard Plans, Special Provisions, and the Highway Design Manual. The clear recovery zone widths must be followed and are the minimum desirable for the type of facility indicated below: freeways and expressways-9 rn, conventional highways (no curbs1-6 rc, conventional highways (with curbs)- 0.5 m. If a fixed object cannot be eliminated, moved outside the clear recovery zone, or modified ro be made yielding, it should be shielded by a guardrail or a crash cushion. 17, CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and+or as directed by the Department's representative. 18. RESTORATION AND REPAIRS IN RIGIIT OF WAY: Perminee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). 19. RIGIIT OF WAY CLEAN UP: Upon completion of wont. permittee shall remove and dispose of al] scraps, brush, timber. materials, etcoff the right of way. The aesthetics of the highway shall he as it was before work started. 20. COST OF WORK: Unless stated in the permit, or a separate written agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State. 21. ACTUAL COST BILLING: When specified in the permit, the Department will bill the permittee actual costs at the etnicatly set hourly rate for encroachment permits. 22 AS -BUILT PLANS: When required, perminee shall submit one (I) set of as -built plans within thirty (30) days after completion and 25 approval of work in compliance with requirements listed as follows: 1. Upon completion of the work provided herein, the perminee shall send one vellum or paper set of As -Built plans, to the State representative. Mylar or paper sepia plans are not acceptable, 2. All changes in the work will be shown on the plans, as issued with the permit, including changes approved by Encroachment Permit Rider. 3. The plans are to he stamped or otherwise noted AS -BUILT by the perrnittee's representative who was responsible for overseeing the work. Any original plan that was approved with a State stamp, or Caltrans representative signature, shall be used for producing the As -Built plans. 4. If As -Built plans include signing or sniping, the dates of signing or striping removal, relocation, or installation shall be shown an the plans when required as a condition of the net trot. When the construction plans show signing and suipins for staged construction on separate sheets, the sheet for each stage shall show the removal, relocation or installation dates of the appropriate staged striping and signing. 5. As -Built plans shall contain the Permit Number, County, Route, Post Mile, and Kilometer Position on each sheet. 6 Disclaimer statement of any kind that differ from the obligations and protections provided by Sections 6735 rhrooeh 6735.6 of the California Business and Professions Code, shall not he inc1 }ded on the As -Built plans. Such statements constitute non-eompliance with Encroachment Permit requirements, and may result in the Department of Transportation retaining Performance Bonds or deposits :anti] proper plans are submitted. Failure to comply may also result in denial of future permits, or a provision requiring a uubiic agency to supply additional bonding. 23. PERMITS FOR RECORD PURPOSES ONI.Y: When work ie :he right of way is within an area under a Joint Use Agreement (JUA' or a Consent to Common Use Agreement (CCUA), a fee exempt pe.-:rr: is issued to the permittee for the purpose of providing a notice and record of work. The Permittee's prior rights shall be prese-eyed without the intention of creating new or different rights or obligations. "Notice and Record Purposes Only" shalt be stamped across the face of the permit. 24. BONDING: The permittee shall file bonds), in advance, in the amount set by the Iepartment. Failure to maintain bond(s) in fell force and effect will result in the Department stopping of all ;e: and revoking p:rmit(s). Bonds are not required of public corpora:io:s or privately owned utilities, unless permitter failed to comply with_ the provision and conditions under a prior permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency perminee shall comply with requirements established as follows: In recognition that project construction work done on State property will riot he direr-ey funded and paid by State, for the purpose of protecting stop n nice claimants and the interests of State relative to successful ornate: completion, the local agency permittee agrees to require construction contractor furnish both a payment and performance in the local agency's name with both bonds complying with the requirements set forth in Section 3-1.02 of State's current Standard Specifications before performing any project construction work. The local agency permittee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related clairns by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any latent defects occurring as a result of the project construction work. • FUTURE MOVING OF INSTALLATIONS: Permittee understands and agrees to rearrange a permitted installation upon request by the Department, for State construction, reconstruction, or maintenance work on the highway. The permittee at his sole expense, unless under a prior agreement, JUA, or a CCUA, shall comply with said request 26. ARCPCAEOLOGICAL/H7STORICA.L: If any archaeological or historical resources are revealed in the work vicinity, the perminee shall immediately stop work, notify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work. 27. PREVAILING WAGES: Work performed by or under a permit may require permittee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements are directed to State of California Department of industrial Relations, 525 Golden Crate Avenue, San Francisco, California 94IO2. 28. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of an person, including but not limited to the per -mince, persons employed by the perminee, persons acting in behalf of the permitter, or for damage to property from any cause. The permitter shall he responsible for any liability imposed by law and for injuries to or death of any person, including but not Iimited to the pennitteer persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property arising out of work, ar oche- activity permitted and done by the permittee under a permit, or arising out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligation;. or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or e: any subsequent time, work or other activity is being performed undue :he obligations provided by and contemplated by the permit. The permittee shalt indemnify and save harmless the State of California, all officers, employees, and State's contractors. thereof. including but not limited to the Director of Transportation and the Deputy Director, from all claitns, suits or actions of every name. kind and description brought for or on account of injuries to or death of any person, including but not limited to the pertrittce, persons empieyr . by the perminee, persons acting in behalf of the perminee and the public, or damage to property resulting from the performanee of work or other activity under the permit, or arising out of the failure on ant pe-rnsttee's part to perform his obligations under any permit in respe:: ro maintenance or any other obligations, or resulting from defects obstructions, or from any cause whatsoever during the progress of :h: work, or other activity or at any subsequent time. work or other activity is being performed under the obligations provided by a contemplated by the permit, except as otherwise provided by astute The duty of the permitter to indemnify and save harmless includes du:ie.s to defend as set forth in Section 277t of the Civil Coda T.. permittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and State contractors. It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and State's contractors, fr.irs any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee, persons employed by the pdrmittee, or acting on behalf of the permittee. r t For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the Iimits of this permit- 29. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent, 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A The permittee, for himself, his personal representative, s,irrrssors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: I. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2. That in connection with the construction of any improvements on said Iands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the right of way. 4. That the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A Office of :he Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. 5.That in the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to re-enter and repossess said land and the land and the facilities thereat, and hold the same as if said permit had never been made or issued. 31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This assurance requires the permittee to provide inspection and repair any damage, at permittee's expense, to State facilities resulting from the encroachment 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or county against any and all claims arising out of any activity for which the permit is issued. Permittee understands and agrees that it will comply with :he obligations of Titles II and III of the Americans with Disabilities Ac: of 1990 its the conduct of the event, and further agrees to indenv:i y and save harmless the State of California, al] officers and employees thereot including hut not limited to the Director of Transport:io:. from any claims or liability arising out of or by virtue of said Act. 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way s aL not be used for private purposes without compensation to the State The gifting of public property use and therefore public funds :s prohibited under the California Constitution, Article 16. 34. FIELD WORK REIMBURSEMENT: Pertnittee shall reimburse State for field work performed on permittee's behalf to correct or remedy hazards or damaged facilities, or clear debris not attended to by the permittee. 35. NOTIFICATION OF DEPARTMENT AND TMC: The peraiittee shall notify the Department's representative and the Transportation Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may of ter traffic, TMC and the Deparnnent's representative shall be notified as soon as possible. 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The permittee, upon notification by the Depa. tent's representative, shall immediately suspend all lane closure operations and any operation that impedes the flow of traffic. All costs associated with this suspension shall be borne by the permittee 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions of Government Code Section 4216 et seq., including , but not limited to notice to a regional notification center, such as Underground Service Alert (USA). The permittee shall provide notification at least 48 hours before performing any excavation work within the right of way. Adw01,n w I:,10 fUr15. San1101e 5 . SCO_ 40v5n0e ✓ 5rn:np signs. See No`e 3 - �40m 453r.. 'V _ C,.S i5 TI 1�j'x.spor�l' 17M 3g,g 1,Mln ap m Mln ,QO m fopQr r•yr 340 m per Alin :one p3hD m TaPr Min 150 m alin 150 m per lase CI0550 Soo NOTi .2 •'• �-I toper loeeu p see 113'e 7 I 5ee vote 11 • • ■ s hoof de,• — r Dverioy EA! OppropripiN LANE CLOSURE WITH PARTIAL SHOULDER USE 011. 11 630 San ^Idle G r •— . —. • • • •—a • tSee ryO*e 11 ▪ • i See 0410 5 See title 1� jpi REI til m Ma. ar?uclllq YJno N..1•I Min aO m 1�I MIn 3QQ m ,)doer _ aa SQ�� ni �. ■ Min 300 m :doer -. D� j S" •• per lane 01030Er. ]ee•NOTe I[ R r lane CIt5e6 •'Tee Olell, 7 pe j - Cones 30 m Max spacing DISH cpywrr ex. FI ,Y `it04 ? r,lr 11 A 31'9IIlti e4. Jul 1. 20oi n.xs 10,0 G,1! r rw.,r 0000 717 r0 .rrmr. l erwo mom. etr rde rr. xs...n• rwr., a To day w ++e Conrwv 'red, 0004 0e IQ NWrwwHaasaga •• See diet• II ---- 18 • m tto.� •-( • • • • ■ • • • ♦- 5aer nvn•p17 �, NOTES n•• r'gh1 n;r!. nq portln nepinr. •=.,15r0, 10 1.1e 5.5 11.•0, rely IA, nr,n.-onrintnl r _..• :.2nl1 u See .1'h „id; .. .1.n is • It f I.,- of rfI - i!r.1n 600 m^ • 'x ex TIE%' _u1LE5'. -so ' _27 5ir9', fa- ..'S'n0Cvnnce worn ng sign. ;.Ce a :30 01 everyF-r• t"rauy+,0u• re^gih ne e C105u^e. COMPLETE CLOSURE 1. OrK. T15S10ing r`rRion far ennh 1000 r10?en• The faro rinsii nq e 1I n8 iynn •. Aol1r5 w• rr he a• III,. r1y;n W1 0 .' rrl u Y I:. H. A milliner,: lee m nr 'igh1 pie fence shall as prpviued wherepassible it-, ve ni5'•5 02pr05c0ing the iir51 froshinq prep. sign. 1.001 [:0.5u1•ee 5110!1 not begin or me fan or pre*, .¢mart: c,rve a' On 0 h,ri0O9TO' C_rrve. i. A' 1 rr•.1e. ten r•,- .I r. •h„ i:,3 11-.e rv•:Irs oiner_:se Spar en the epecirdi rrn:inin:rx. Ina SOD re lnn7.n1 .11000 01009 1000 1: 1,.• user. belwer , 1!te :TOn inners .•e/_W:1.,ren re. each closed lrn!fic lone. 1.. n r.iphs,rn of Two Type i I berl-icades snoi 1 be placed ar555 each closed Inns and 9hnulper at 1I1.1 '-,, mean ono every 6D0 m ei ruin .he [n1.a:e1• area, wienin 1!1e Cfrrep1eTe 5lneure area, sversrt ri.'ign„eaI of the Barr i codes on• 11x u!n0I- r-ay 1 e 1 rl .,:e Iiw � converse . ihn si::: •pint 1• ▪ minimum 1••_cC 'rcr's�erseiy acrossear, Cle5er . cf.o r -.1 sr•p:I'4er cec5 location where n lnnr-n•- irofl!c lane ends and every 6C0 m ••Lane C:Oruro w ith Portia: 5ha4!de- U5n' - Two Tyr* 1! eprricodes may Pe u5<0 , ^ad cr !ne 3 Pones, The T'a0Sver Se c: ignmenrr ir'e canes C.' :A., l•aarree on the crnse9 shoulder r.,ny ce sr.: f 1ec trot+ the 1r5n50erse ollgnmenf to pr0"ine 0cces5 to 'he worry. 914• lam• 762 '.., a 762 r:. !jig rm . 762 m. al 7219 mn x 457 mm NIld PIS 170oZ LEGEND • Truffle cone f Par Tonle 311n gorrlcode trashing Arrow Sian IFA51 dad FAS SI_gODrt Or Troller ^rt'� Dlreot1an 0f Tame' Portable Fl.shing (lagoon STATE OF CALWDRNIA 'WPM! WPM nr IONISFOTITA r1ON TRAFFIC CONTROL SYSTEM FOR LANE AND COMPLETE CLOSURES ON FREEWAYS AND EXPRESSWAYS NO SCALE ALL OIuON510N5 ARE Ft! `1ILL3MEtERS UNLESS OTHERw15E SWAN I TWA OA NOTES F:a ch f • TYPICAL LANE CLOSURE 0 Advcnce rcrnlno siyr,9, �j 5ea Toole I ISe��nEle21 5eewote I I • .—.. r1'r • fc 225 m 15O r, In 225 m 150 m To 225 m i • iL CI.oM D I IE fl r'^11 :It11 San 101.3 T TABLE 2 -/� frj • tlallK tir+en / •• AI.r•r e,r:l, l,iltTherler .O;' cr u:1e M.!nlns:n1 04. Speed 11 I' l; 661 tiJ 42 MS 9g�...._ 50 53 70 74 92 97 65 !10 l!6 124 '-07 r 111 1S4. • 11•.n 4,11 15 1=iln=n n .,w • I1 ,•;i .1•In 1 ,11.e11 1 II f !pia i :M,16 ' SNu• wnl nrkl Il. .yr•i 11•ni, 1.1i krill 1 e.cr rr:ri1en16r'5. pie rrer11 l n1 11r?•r:11 11:n ^iW=g . -ed ItnrProf fir r •• Inn./ he is per' irrs1eri.1 of 1r,.• .:nyll•i,n ^_1nn0Te $• orgy. . 1 av s!;:, .A1iy1 he either /yen :..r Type 11. 6.'he -..':rum sceC!ny bplreen cones 01on1 o !onoen1 5r.o11 ce �5 rn a•-o rKe^p a taper s!loi 7? Cpproxloofely CS 51:er^ 19 Teb,e 9. Far^.r—t.:A. EOM405 c'• ..T-nr • ..f,Irrl c..5..... - P1 ko/1•. Wee the c CIc5Ire A. ni+ fne n415:n15, 15 er1 VA 1l5 IrI m TABLE I -r- ;.,,5x- Apn. •.V,c11 • u,nl:nun, SnoNno 5i•eerl L of cones i ornno 1 oper • km/h n 30 3fl 90 F50 4 5U_� 4B 38 9 98 1 IC 3 t9- o.ver Oi; .._Pa 401e9__ . :!4.1 1 fill,' !rinn w!r111,n InoS !1i.1., ., eel; le:1 11 IA :.. ISO m 011 Ll See Poole 3 SILN I'ANELSILL iMin) IA� 911 me) x 914 min 914 nm a '157 m:e I Zl :52 mm 1 762 cm Dlf Man IO1111ril0j424 xO 5r[.l6 L FHEr July 1, 2004 MOWS 1.1kraL pa1C Tr ben .r [Won.... let draws a W4N. as er wnl •1/!116 ., re yxr ro rre t5l roof D JArs. go +n, Hip:// LEGEND iraf tic tone Portable Slgn Orrpoilon of lrovel Fre*hi,o Arro. Sion IFA51 FAS Support Or Troller Porfobre Sloshing Oeocorl STAEE or CALio5tsA 0FPnnjuEHI of FRANSPORTAEIOR TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE ON MULTILANE CONVENTIONAL HIGHWAYS NO SCALE ALL OIOENSIO5S ARE IN uILLILIETERS UNLESS OTI6Ef+n1SE 5110011 T11 NV1d P1S 17O0Z LEGEND rrcf AV: can. rertc57e Sign Direction of Troves F!cshIng Arrow 510m IFA51 FA5 Support or Troller Poi -!eels Flosfring Beacon See Nolo 4 CM ,185d0—Q 1 r` TABLE I • "MaxApprcocn M!n!mun sncOlmg Speed I t of cones wrong taper km/h . 50 50 Over 80 • 0Se L for tone WI17'115 less thorn ❑r eq.rol to 3.5 r... %l See NCle 10 LzT E20 See rlot9s 3 ona 5 • TABLE 2 Approach Speed km/n 30 • 40 50 5O TO lAinrr,urn 5 m 45 45 a5 Downgrade hen1muio O* -32 a5 50 66 -62 45 50 TO -92 m 45 53 T4 *7 80 85 I 110 176 la1 154 • lise on slfelolnad 5pwngrcde Sleeper !hcn or a uo1 to grordes Shown end Innger Ikon 1.6 Ilm 02 97 4$ 65 116 124 See NOte TYPICAL CLOSVG OF HALF ROADWAY V2L,-.,__rr1L, 1• U See No! _ In L i c'vp aQe :ire IL±J 5•—it iaa'e 1 II'90 I0111 -�' . • di- e . -Y.. • • ♦ . See Io_ 0:9 1 S: a if,Dls ♦ ♦` R n,.,11 �q . 1,. �: ...,.,1 w 0A.. 1 • NOTES 1,erwre arpraath epeeds ore low, r_dvenoe worn!ny 5igna may ee placeC at DC ri spacing o no ploceel ciaser i1- urbon oreos. 2.Ae roost a^e persa.l stall be oesigned to provide full titre Tlcielenance or Moe control Qevines for lone clCeure •.1tees, nt!lerwi se oirecteC by Me Engineer, 3-Coo', '0n7nce warr111- sign in egch d'recfipn Of Travel spar; Ce eau.pped v1'h at lener too fi1gs for ooytlme cresur0. Each T 100 Shall be It •e051. 400 irm r 40 n•T'r Size 0n" shgll he O•' ^ge Cr f1i:^reeceol ree-orange in gn; pr. ng ten Ire pen: ,rl .Inlift rn!i i 1.1 or 1.1 • 1.1 ..1 NI' Ii15.': %.1i;r'- 1,..ii n ,� r,I,• ir11•- ▪ ^m 20 f•Iocer7 of Inv end of '1I,n' Icne r ev1!1ii p end Of work 9,9.0 is fbvics,• n e^nls wif.ss n c larger pro ec•'S Ir+1i•5. •r^ r:•:I r• It xlll{f11 Seer Note 111 SIGN PANEL SIZE (ir11n) LJ 9l4 mn x 914 mn © 7E2 mm x 7E2 mm © 911 rem x 451 mm 5.1T tile C23 sign, g:;'o IC fo!w within 609 m of c Sicrionory C23 or CI1 "ROAD PORK r15x1- MILES", Use n COO Sign for the first ad0an5e warning sign. S.A. cones used for 'one clo,,v r.s curing 111e hours of darkness srn11 5ei!fea O to reTroref 1 sctive barge 51PP,PB/ OS Spec'sfied .n 1ne Speciritcl',onS, 'ortob:e 0e: in cc tar9, 2:'=.e•i n• one -nail 11,e --spacing inricnter- for rroff it cones, may be 09ed insteOff of canes re, rcyr;MP tics.rre5 Y `I�11 ;II 1..• 1:i(•'w :'r re•1irn ^.i w.1e :,7viso,•y 1.I:n^ ew1"^.: ;,t,. ^ns!ed 1-r TC1C,1,111 .epee i.mil. o. JJ P5 See r1ure9 10.109 no,Imum spocing between cones slang g t07ge'1t 911011 De is m and o:ong a taper moil be 00prcxilrcfery :s Shown in Tab1. 1- n ,Far go roach speeds ewer e0 km/h, use the "Trott it Control Sys`ea- For Lane Closure On freeways dnC Exnresswoy5' peon for Ione sr/eelre 0etoiPs anC reg00remen•e, 12-;rnle59 cf^.P-xi�e 9;^r'•-en :11 Inc epeeiol pr(,oieio^5, the ! Jr 1 Show, 00t,Pen trye 1wa r.1•1 ;ono closure 'opera s..5.: r3e ammo. r 1 },P5^ .r ••1e.1 i 1 the •,I,rr'I,r, 191onS, n 011 •I 11 • ,�r!I I�.i' • i,_I:. i•F.,.I'NN hn 'e .1 i , 1.1,E rnr '1,.I'•:n !'i11d:orr l: rilln::l' Ir•I f1AiliA!I" Sion. • errk I1 • 1575 1. 2004 nun fr m.fa OAK rAr avew r rwr...rt er n. rrrw.. Thell,We .0,1 de WA ToW to fee OAS? crls woo Nlr. 90 lee 070/lnl.w40.0pm See Noses 3 and 5 C20 ILt1 C20 ILTI HI If 71 See We 13 ' . i. �!= C23 1;0 .1 o 225 m 4i50 m f n 225 m f 150 min 2'. Al..ance wornlnp srdns See 5oie 1 ~� See ▪ Note 4 STATE OF CAL1FOTIHA OEPAI WENT OF TRANSPOfTA ZION TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE ON MULTILANE CONVENTIONAL HIGHWAYS N0 SCALE ALL 0IUEN510As MIS IN u111f6EIER5 UNLESS ormSe115E 614 T12 NVid PIS trooa See !Fate 3 PIQ C!q • TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL car SNIFF IC CONTROL xFOLLOW iP]LOT 5 .0 I 1' I cow. 1 Mc a Cones 0: n.cilr n; fgnrs n. bare inn•ln;.• n.r r.iil.. n .i .Iri .r . ..,,I.. A� • 1 Hi r, 14.0 I5Ij 11 91 r•.0 m 1,1 !rnr,9i r. .... 'F _ °F NDTES i. !]'here ;ppr vac.- Seeds are ;ow. gdvanae warring signs may be p:a00C at 90 .n sp ac'..^•g, aM closer in ur ecn areos. 2. Ecoh adccn.e w Sign :r 6 dlr,clian al trowel '-' u'.p; p•yf w 1 a• .,51e 1wC nag.s or aoy!Ime rf f; s •,1p0' 'east 400 fror. x 4C0 rnm :•2. ..rr .h .a:r�r.go , lluro red-a.r^ e _ .'-c-. ..,.�a•ee ,0r.. 3. A a n 'Eti . o_f-^.7f:;.. 51Y • . C. t•... .. -,.. •C. ,.. -. rl, 1f 1r-r. :, .. . age 7 wrx iaa 1;ale 11 ate, Sf:c1:be al• aed s t^e enC 0f vark ..r prolec1's 1!ml's. i«A 5 Ioi� i If . "a- . a-' a rl L.; C30 See NOie 3 7. Atlal'fonal advcnae flaggers may ^e rsnol,-oa. Flagggr should stand In a eonepl000us place, be ,'l0Ible 10 approaching fro Flo es welt as oppro0c'ting vehicles alter the first wnh10!a hos ate pad. Corinq the hour's of darkness, the flegging-e!a":n cad flapper sha0 be Iflullllnal-ed and clearly v,slble - broaching trot fin. the luminalSam :OO'; ' 0r :1,v i;h•1-c y, ! e sttol!ba at 1e4)51'6 T, .. .r ._e slatien gS Shown. A. Plcce coo '•! ANE Ci.05.E07 .. Ihroughaut exten6nd ea-r •• The work area is violO'e T-., 1 9, when a p11pr Car In r!, of ,1 0!ali,enery AID rc:1,0w ri1 Rr . •.. ,nr61. , •n11,ir , •. • v I iloi �•,, - 0 0f ra. API pallor.a1 C29 ' • . :'a -r.,lnw _HOC:•: 0o94s Lor 1 n. Traf fig cargos or h - I-,:nnc • nnrioce; tehwr nr, c.. , Ill. rHand an the '! be lyre I, e, THIN M114.A` r1 r. • e3S C9e ois,l COUNrt Pour{ 65 4"rp.`ui Tv pin M fAe coNroru I.* JJfe, po le ry1C�/lw,rddtnypr See Notes 2 and 4 L!6 C23 • �50,..to 3CC q 50 . !a-3oo ry�j50-}p.-3ap SjJ-r'o a.35,300_gl Advance warning? 'Tel. Note ` 1 Coln cm,ne SIGN PANEL SIZE OMINIMU1,11 I_J 12i9 ^e%Ir x 213 mrr - Speed of 70 k tth or more 9%9 frm x 914 .T.,n - Speed less than 70 km/h iexCept C231 F. 752 min x 167 NI'. r' 919 :mn v 401 1113 914 nn1 x 106 i aim 3M M. 0 229 mm TABLE 1 Approach Speed Minimum: 0 COwngr ode Minimum 0 • km/h _iQ ;s n 60 72 90.. .6�. _. .T,- 72._—. ..'O _....._..60 _.... _.. _. 12 .__._. 50 90 NA 70 90 _ IRA Po I'0I 11Iu oii '30 1110 __ 600 F - ...— 150 _ 160 r.D ITO l _ 204 We oil,4.Slo!ned dor nwnoho clnpin!they -3 her cant and le,r.r.nr III 0r• I.f• kn, • 1 tt. CHEi See Note 3 LEGEND Traffic cone Traffic Cone lop -Ilona! toper] Portable Sian Olreetlon of Travel Portable Flashing Beacon Flogger STATE OF CALF OR NIA ❑EP AR IMENT OF TRANSPORTAT10h TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE ON TWO LANE CONVENTIONAL HIGHWAYS ND SCALE ALL 010E1w510N5 ARE IH I u1LLIuE TEAS UNLESS ❑TNERMI SE VIM Ti 3 Wild PS trO0Z TYPICAL RAMP CLOSURES LEGEND Trof1le Cone '— —te-- F Slon —bm- -- — —Is.- = 8arrlcaeea .- ...- e -•••—• J.rfc}Ian of irovel —.se- -7..- I' --'--?ID m to 303 - m - 2'D m to SDO m .�•Con- ea of IS m - Mos saocinp �� - turn Arrow • s� , r� S'GN PANEL SIZE tMlnl i Exf ] 17:9 mm x 1219 mm ES]1214 run x 762 n EXIT RAMP OR CONNECTOR u --- �- Borrlcaaes, sl[n 3 vei- snne. ©'52 mm x 152 mm ❑ NN' C38 See Note I 7fli ❑D 913 mm x 911 mm IEI 911 111411 r Edit rem 1 (I 0'1 rum n 919 nen r„„r-, � 115 rn Hrr. aC nclnu �� - �:�� +��--�--..... ... .-••-- ._ a l.. f,�r,—'��--- RAMF I_� ] [CLDSEU urn-lrnrhs`Yln y 54c Jn1n i, ,n, n1' in' I15[ 1{K1 EX,1 EXIT RAMP OR CONNECTOR WITH ADDITIONAL LANE Csnea -11 ',5 m u:. scaclno 1 am innhn5, min 1 per !cos. Saar Nnre f�1 See Note 2 CIO C:9 n See bola 2 • 1 T-.! ■- • -e_,, • • JL i�a �_ _ I, .,`I,..-. 60 m ,a 90 m. d — E,,,,, a1 :.5 ^ Max SpocinL RF7 ENTRANCE RAMP WITH TURNING POCKETS le NOTES 1.Aorrlcodes shall bf Type I, II. or II! far closures lasting one week or lees and Type 111 for Cloeuree lasting longer Then one week. 2.tn5Tpod or placing the C99 "Rnu1 CLOSErl *11535' end 530 "RAW' ff1.315ED'smgy signs, 1 mon19Ierl negdirecfed ybyI Ire, [nginner' word on oil p,llnn melts Ilgt refer +u 1I1e ciosetl romp. the letter size an rlr5 Overlay Stall be the some on the guide Sign. Mach odoonee CIS "RAMP CLOSED AHEAD" Sign Shall be equipped with at lads* tee f !age for Daytime closure, £och flag shall be at leost 400 mm x 400 fair In s72e and shall be orange or fluorescent red -orange in color. 1.As1b1 fCnb4TVF6et4d for termeplrcalrof Idruerintltehe[s hrpyer5Mpfedaorttk netts •rmr.lfled in ma epecIricafinne, 5,h, robin flrrllnenlprg, amend of awe -half 111E %por3np IIwI FCC led for 11•011 lc Cones, mos be used Ina geed or codes for doyt Ina r,en1, ainsurot only, 6,n1 leasl one person shgrl be assigned to provide full time nnlnl Sconce or fracfic control dances, unfree a1hers.lsf direclee by the Engineer 7.tne existing "'EXIT" sign in line 9nrn wren nfx111 he Caterer fairing romp closures. ❑E RAhIP t i f,. Utz CLOSED 1 -30 m to 150 m 3� nti ENTRANCE RAMP WITHOUT TURNING POCKETS SIATE Or C131.101N1A DF.FAI/}MEHf OF TRA11Sr4Rfsf10N TRAFFIC CONTROL SYSTEM FOR RAMP CLOSURE NO SCALE ALL DIMENSIONS ACE try HILI-IME TESS UNLESS O151En1Y15E tuneu Sarrlcoves.MLn 3 per lane, See Hate I See Note 2 C.S.0 I+-90 m To 150 m.- .--90 ee to 150 m .. See Hate 2 T74 NV1d P1S 1700Z EXHIBIT ITCH tr,xcD 0 CD 171 rip to m =J. rD rrt 0 -0 -3 —I..D rD C 57 0 CD Cs. c+CCD : ;enoaddy ai;JeU .0 W 7 o ... n ` 0 z 0 -0 a0-'an ash 0 m ziQa ci m co 0 a =-a a3 CO n �1n t0 0 CA Cu N"� " m •- D -I-Imti 0 0M O O D 0. — —40. .. 1 0 m�°7O �v m CC >m> zz-Czm�z-1—x m �0-•,cor��H Z- t@�c 0,gm��y m� 7-1-00 acpm 2G7 z c3 z--p o.� --]::rnm0z 'ET x 03 lip a m sf/7 CI) c r _U7fr7CI7 o �. r::y r' ��:. Cr3 p .: a • m -o c ,mom q CJ _: -.<rC ➢_C) 'n0 0a W.Wn= �. ' CD cr) �C . N7. `y. , 0 tp C7 ...... H..: C! 0_ M 0 r7: •m 3. •. T NF- a) a 0 sseiPPv qof ON AMH 1S►1O3 M fsol wt. 8.• :C • 03' O z m 0 07 0 z CN O CD co n 0 0 is w S1JOM O!ICn c n V m 0 n 0 cc 0 a s fakt tionsag 4JOdMeN4 Jo Alm luoilipcdoa SIJOM ailgnd ON 1!w 1ad VSEO-vOOZf - Z Cf:rncs Z C•. _i ri M = Z T 7 ::.7 Fut - 771 L. r g T Q j 6 9r.7 y T R G77- F C W r.' ., ::.-K;::.-d...Ev...... - LB _ ` 7 '1 , r .-- ' m iZ N r R x ' v CD `C,_ Ll y G2 _::C _ mom _—m;- : c� z a _ C• Li • ' 7 (7 5' 'C t�s f = N G. N i C �_ a co - - ( T ^ — _ Ti `r% m L _ J% • � � N 4 = R _- 0y. _` `C N — ▪ > c m — n. c ▪ z Z > 0 - — Z m rn C. rrT rn r ;;-.. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300'NEWPORT BOULEVARD P.O. .OX 1768, NEWPORT BEACH, CA 92659-1768 (949) 644-3311 CONDITIONS OF APPROVAL TO: Sprint PCS/Cable Engineering Services FROM: Iris Lee, P.E. DATE: June 23, 2005 SUBJECT: EPN2004-0394 101 W. Coast Highway The following is the Encroachment Permit N2004-0394 conditions of approval for the cell site proposed at 101 West Coast Highway by Sprint PCS: • Sprint PCS shall enter into a Telecommunications License Agreement with the City of Newport Beach. • Light fixtures shall be maintained by the City, where the streetlight pole shall be maintained by Sprint PCS. • A separate conduit in streetlight pole for 240 volt light power shall be provided. • The replacement of streetlight shall match the existing streetlight and comply with City standards. • An approved/valid Caltrans permit shall be maintained at all times. • All work shall be performed on site or in a turn -out area. All work in travel lanes shall comply with traffic control plans pre -approved by Caltrans and City's Traffic Department. • Sprint PCS shall restore any affected and/or damaged irrigation and/or planting as directed by the City. Said irrigation and planting shall be guaranteed for one (1) year. • Sprint PCS shall work in a fashion that minimizes damage to the irrigation and plantings. If irrigation is required to be turned off, Sprint PCS is responsible for any subsequent plant damage. • Additional inspections fees may be required. EXHIBIT "D" CITY Ci- NEWPORT BEACH TELtCOM PERMIT NO. TP2004-001 (PA2004-023) PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 Staff Person: Janet Johnson Brown (949) 644-3236 (949) 644-3200; FAX (949) 644-3229 Sprint PCS 1111 Town & Country, Suite 38 Orange, CA 92868-4667 Application: Applicant: Address of Property Involved: Legal Description: Telecom Permit IAr13. T 7nnA-001 (P 20.0-023 Sprint PCS 101 (CS) W. Coast Highway CalTrans Public Right -of -Way Approved as Requested: The Planning Director has approved the applicant's request to install a new telecom facility on a street fight standard located on the Back Bay Bridge near the southeast corner of Bay Shore Drive .and West Coast Highway. The site is located within the public right-of-way owned by'CalTrans, and the light standard is owned by the City of Newport Beach. The existing street light standard will be replaced with a new light standard of the same design and height in order to accommodate cables, two antennas and a small GPS unit. The support equipment will be located in an underground vault within the CalTrans' right-of-way. __ Section 15.70.070 D of the Newport Beach Municipal Code provides that the Planning Director may review plans, applications or other information to determine conformance with the Wireless Telecommunications Facilities Ordinance (Chapter 15.70), and approve the application with or without conditions of approval in conjunction with this telecom permit, the applicant is required to enter into a Telecommunications License Agreement with the City of Newport Beach. The Agreement will authorize Sprint PCS to use the city -owned street light standard under certain conditions, and will describe the site rent, rent increases, the term, bonding and insurance, co -location requirements, restrictions on transfers and other obligations of Sprint PCS and the City. 4' Director's Action: Approved May 27, 2004 In approving this application, the Planning Director analyzed issues regarding compliance with Chapter 15.70 of the Newport Beach Municipal Code, and determined in this case that the proposed wireless telecommunication facility ("telecom facility") meets the intent of this chapter based on the following findings and subject to the following conditions: Telecom Permit No. TN2004-001 (PA2004-023) May 27, 2004 Page - 2 Findings: 1, The telecommunications facility as proposed meets the intent of Chapter 15.70 of the Newport Beach Municipal Code, ensuring public safety, and reducing the visual effects of telecom equipment on public streetscapes, scenic, ocean and coastal views for the following reasons: • The proposed telecom facility will comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC), thus ensuring public safety. • The telecom facility is replacing an existing street light standard with a new light standard of the same design and height. Due to the location and design of the facility, there is no perceptible impact to public views. • The telecom facility antennas will be mounted on the exterior of a street light standard and will project approximately 1 inch beyond the exterior face of the light standard. The QPS Unit is approximately 3 inches in diameter and will be affixed at the top of the light standard. Both components would have negligible visual effects on public streetscapes, scenic, ocean and coastal views. • The support equipment for the telecom facility will be located in a below - grade vault within a landscaped area adjacent to the intersection of Bay Shore Drive and West Coast Highway, and will not have any impact an public streetscapes, scenic, ocean and coastal views. The telecommunications facility as proposed conforms to the technology, height, location and design standards for the following reasons: • The telecom facility approved under this permit utilizes the most efficient and diminutive available technology in order to minimize the number of facilities and reduce the visual impact on public views. • The replacement street light standard on which the telecom facility will be located does not exceed the height of the existing street light standard, or 35 feet maximum in height as provided for in Section 15.70.050 A. • The antennas for the telecom facility approved by this permit will be mounted on the exterior of the street light standard and will be painted to match the color of the existing light standards. • The support equipment for the telecom facility will be located in a below - grade vault within a landscaped area that is CalTrans right-of-way and will comply with provisions of Title 13 of the Newport Beach Municipal Code, as well as all requirements of the Americans with Disabilities Act (ADA). 3. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) because the project is replacing an existing street light standard with a new street light standard in the same location. Telecom Permit No. TP2004-001 (PA2004-023) May 27, 2004 Page - 3 Conditions: 1. The development shall be in substantial conformance with the site plan, detail equipment plans and elevation plans dated January 9, 2004, except as noted in the following conditions. 2. Anything not specifically approved by this Telecom Permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 3. The applicant shall enter into a Telecommunications License Agreement with the City prior to issuance of any building permits. 4. Prior to issuance of building permits, the applicant shall provide the Planning Department with a copy of a current and valid CalTrans Encroachment Permit. 5. An encroachment permit issued by the Public Works Department for the replacement of the city -owned street light standard shall be obtained prior to the issuance of building permits. • 6. Traffic control plans shall be prepared for the removal of the existing street light standard and installation of the new light standard and all components. The traffic control plans shall be reviewed and approved by both CalTrans and the City Traffic Engineer prior to the issuance of building permits. 7. The replacement street light standard shall match the design, style, color, height and location of the existing light standard to be removed. In no case shall any portion of the light standard exceed 35 feet above existing grade. 8. The telecom facility's two antennas shall be mounted to the exterior of the replacement light standard and shall measure 51 inches high, 7 inches wide and 3 inches deep. A single GPS unit shall be mounted on top of the light standard. Both components shall be located on the light standard as depicted on the approved plans. 9. The support equipment cabinet (1) shall be mounted in a below -grade vault located within a landscaped area in CalTrans right-of-way adjacent to the intersection of Bay Shore Drive and West Coast Highway. The vault shall be 4- feet-6-inches deep and shall measure 9-feet-6-inches long by 6-feet-6-inches wide, as depicted on the approved plans. 10. The applicant shall install a dedicated electric cabinet, meter and other necessary components to service the telecom facility. These components shall be located within a landscaped area in the CalTrans right-of-way as depicted on the approved plans. 11. The existing street light standard shall be salvaged and delivered to the City of Newport Beach Utilities Yard. Telecom Permit No. TP2004-001 (PA2004-023) May 27, 2004 Page - 4 12. The telecom facility shall comply with regulations and requirements of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical Code, •Prior to the issuance of any building, mechanical or electrical permits, drawings and structural design plans shall be submitted to the City for review and approval by the Public Works, City Traffic Engineer, Utilities, Planning and Building Departments. All required permits shall be obtained prior to commencement of the construction. 13. Any future facilities proposed by other carriers to be located within 1,000 feet from the subject property shall be required to co -locate at the same site, unless otherwise approved by the Planning Director. 14. Prior to the issuance of any permits to install the facility, the applicant shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff -Coroner Department to minimize, to the greatest extent possible, any interference with the public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. The applicant recognizes that the frequencies used by the cellular facility located at 101 (CS) W. Coast Highway are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent intrference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public -Safety Communications Officials -international, Inc. (APCO), and as endorsed by the Federal Communica- tions Commission (FCC). 15. The applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 16 The facility shall transmit at a frequency range of 1900 MHz. Any change or alteration to the frequency range shall require the prior review and approval of the Planning Director. 17. Prior to activation of its facility, the applicant,shall submit to a post -installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City's Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff -Coroner Department or a Division -approved contractor at the expense of the applicant. This post -installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. Telecom Permit No. TP2004-001 (PA2004-023) May 27, 2004 Page - 5 18. The applicant shall provide a telephone number that shall be monitored 24 hours per day to which interference problems may be reported. This telephone number shall be included ontheapproved construction plans. 19. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Newport Beach Police Department's Support Services Commander upon activation of the facility. 20. Should interference with the City's Public Safety radio equipment occur, use of the facility shall be suspended until the radio frequency is corrected and verification of the compliance is reported. 21. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 22. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the applicant, current property owner or leasing agent. 23. The telecom facility approved by this permit shall comply with any easements, covenants, conditions or restrictions on the underlying real property upon which the facility is located. 24. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting. The right lighting shall be at the lowest intensity necessary for that purpose and such lighting shall be shielded so that direct rays do not shine on nearby properties. Prior to the final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 25. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning and similar information plates. Such information plates shall be identified in the plans submitted for issuance of building permits. 26 Within 30 days after installation of the telecom facility, a radio frequency (RF) compliance and radiation report prepared by a qualified RF engineer acceptable to the City shall be submitted in order to demonstrate that the facility is operating at the approved frequency and complies with FCC standards for radiation. If the report shows that the facility does not so comply, the use of the facility be suspended until the facility is modified to comply and a new report has been submitted confirming such compliance. Telecom Permit No. r r2004-001 (PA2004-023) May 27, 2004 Page - 6 27. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 28. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Department of any proposal to change the height or size of the facility; increase the size, shape or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure (MPE) limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 29. This telecom permit may be modified or revoked by the City Council should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or this telecom permit. 30. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Director by certified mail no less than 30 days prior to such action. The operator or property owner shall have 90 days from the date of abandonment or discontinuance to reactivate use of the facility, transfer the rights to use the facility to another operator, or remove the telecom facility and restore the site. The applicant may appeal any denial of the application or any conditions of approval to the City Council within 14 days of the date of written notification of action by the Planning Director. The City Council's action on appeals shall be final. Any appeal filed shall be accompanied by a filing fee of $455.00. PATRICIA L. TEMPLE, Planning Director r r' By anet`Jo 'son Brown Assistant Planner Attachments: Vicinity Map Site Plan & Elevations cc: State of California, Department of Transportation (CalTrans) 3345 Miche}son Drive Irvine, CA 92612 F:IUSERSIPLN\Shared\PA's11-Telecom Permits\Telecom Permit Approvl Ltr-Private.doc � Sprint, Sprint PCS Assets APPROVED BY: Spin, Per !92.'C v0N KArodAN. 2N2 FLOOR IEVNE. CA 92612 PR]JE.'.T RNCR1WTIn1a.: 9 CALTRANS ROW OCS5XC I97-J Approval Letter As Submitted ❑ As Modified zeee eArsl loss na. NEMPOR. BEACH. CA R2e69 Refer to: Resolution COCNT'L 09 ORANGE POSTMILE B-i!e Date: 31c 7i Plann!ng dire . r Zoning Administrator Plannn Commission L City Council # of Pgs Approved: W CALTRANS ROW - POSTMILE 18.446 0G35XC197-J 2888 BAYSHORE DR. NEWPORT BEACH CA 92663 ORANGE COUNTY LEGAL DESCRIPTION u"ICTK. 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L. sc[ficRO P91M M. l6.a. t111140M,11Y .[1..Y niµl E2t131 10 04 0.1n.nE Ce.ew11111.00.O s..L 0E K.1+w kW. DAL TOL, FREE I-l(4-227-26M 140.1 yd. Ile GENERAL NOTES - sc: x: .r._.. a ....L-.1 .•:uw¢r y ... SL.Y,n [s 1 - = v i _L+.WR I.c.wn E:E •M.[ ICE e s :cra1 uncm 0[.u...c.i a 1.1 20:00EK/ Bean .: I tar I :,,, E`ei :i-. ;'�. i ar 1 •. : 1 ' .1' B.o.w I i - _ ' -E'EN- - ex EEO![: I e• o3iece>•'1[-u 'n0' a 1i' I'' • OM. - - w - 1 - - �s rVA .u[b'r ery •ac i i- 01*1 n!a •/• D. - - :, ....... To . .<e.4....11, .M„0 PN¢, .., _00[..40. r.R... 01.. CO »a1..,.I.. or C0BLOS ANTENNA & CABLE SCHEDULE 3_ - , o Sprint. �r1x:5" 1E12C0 VON x0R0AAN. 7N- FLOOR 'R4[0E, CA 52592 0. PRC0EC1 INFO RlUI11004. CALTRANS ROW 0G 0XC197 Vas HAYSHORE DR. NEWPORT 88ACH. CA 04010 COUNTY OF [RAHCE POSTIAI1.E 18.446 rC1RRENe 1551:E DA'E :=15511ED FOR ZONING REV.:=DTE:=---DESCR IFRM.N:-=-70,1-4 PR(P0REC R'0 Te0llelcor sign Solution ,605: Mel. C1rc1e. S..1A 10] 1+¢.Da VIII4 CA 0250] LJCEtiSURE 40SHEET IITLE. GENERAL NOTES, ANTENNA & CABLE SCHEDULE. ABBREVIATION & LEGEND -SHEET NUMBER. REVS(Off:� T2 0 OG35XC797 F 1 1 RFFERENCE NC4.S: 44t41,, EXIS,ESEE .EC-4•74...44 .44CEP.ERE,E3 J5J70 RAES CO 5 0sERE 4s41E E. 5.4EHsC 14.ALABLE • RE ERE5. mEsE.4241. 40 EE444.4104EE 3 sob 'HE!. LEE1.-.E44S EMET. 1:0274437014 SW, RELS,SER. TE 4441,7EE. P4CS.OSEE 44S444. 290.7,6; •O'E!..}.....) STRatrE E•E 44E4 E.4 IREE.ErE 64 3.0rE..s 00.s .2.5.(E.R44 • .30-4C.se.) • ER,CSE 510 E0:E4sE u......TES 00.7. C.24451,1[7.4!. 0 IQ 33:9.4s1 A0ERE44 STREET EIGHT :NE. 4S74:, FEs 44705E5E 70R44T 44:7644.S C) P,414.0S0 :2; 434:E.54-.4) vvrs roa 010 51 SE:9.4.-4; ',RUE RiV,, R.4.44 :REES 444004 6660 :66oNrAJ: 6U696 .61 ol ,L1tr: 44ENEE 071703 61100 3-101C 1.20/140 SIANLY 4,34 ZE4 E45E0E 15E4xE5 5e124411 44C:ER E41414E1 "9". .U44EE . .-40.711404) 11.41.1-1040 Er:. II. CCM CALI ERsu vnuE` TO IIVICI.Lt • EASE Or ruttr 110M C004vE70 \ 5001 FREW 4110HE4E TS 0040:445s SITE PLAN a PLACE 1 40-C133.$44.1. cr, 0-(c.,oeer• 646 SO1.10 'OR A66.61 0000 0 6000S--0'09.160: I:: 1-0 01,6) ,n KH 4, r, 655400 PL.:EE Cf: 2 1.E.E.R.4": ROR S.E41.4 10.CE 5. 62P1S rIo 070 02..4D ,RS 0,4,41 PrE.EDRE 4,4' 4."“ 0. r; k•• • A r (1440SY:GEOER05114EEEER07I057S LAT: 10 OF' N..' OW: 17 64' 13.4610 - 1-soo-422-41,13 CAL:, ESA MRS RIME 17CA9ATOIC ONCERAR9191# AMU ALERT Or 9071,137 CJIMANN TICKET Pi°. Sprint. %on p 18200 VON ORMAN. 2RE FLOOR EMENE. CA 92612 =PROJECT INFORIAATHK_ CALTRANS ROlf 0C30KCI87-1 2686 RAYSHORE DR. NEEPORT REACH, CA 9E661 COUNTY OF ORANGE POSTIOLE 16.116 [cussRuREE:Foatssot DATE- 01/09/04 E0.Z2A2E:=DESCRIPRON:=_191:—J [ ZONING &ON/. 4,16R, 515506 62 12/15/41 MULE PC! INcR0501544:4: PLANS PREPARED 6617- 0017EI5TANT WN Ern ENSURE' EET SITE PLAN 05050 Al 0433,5XC197 19V— Al(0)19,. P° 0�1, 4uEn PANE.CNN•5 .0.w SS E :NEN maces ..I:uri• AuLC 0Ee e_w: �11KA5� 1•1SLTn0 9RP:0E, Rw:EL AlifE,llu 16E1 0.11006510E-u CONDUIT STUB -UP 1 =I9 ANTENNA DETAIL L/CrL•I E 'w SURFACE IR.H, SOR 9!!0& r C ORE �� rN50,09 [O.suK'Ce 00K R. leer tpv lI0.0 Y�i1'Ie.e5m1, v7I .c — I YxN111 a r!>wW m�,i1� Na.1 'M Ea0llllc 9N.I, 10 iC 1 yin onnuoC6 sn], oleo 9.Cx •n0 f� 0'0M of ,`cweai 10 Arc SPRINT UTILITY TRENCH m 7 ] 51 a.] •� 1=LI..e lure. • SPRINT COAX TRENCH 31,r1•c.'101 w•Ln EI-stele I..aa er.ce u5-w11(0 sou. ey ^w� uwrcaaw son N.. APPRWM u I.c, En. ;sox co..+6161.; PY M .2 0L. 11 lot ywi'e"Eau,c L.1.t1Ee wcx rrt, ,5aJ1 ,101d11 ISA us. Pot •`f fae •,;—q FOL'NEATI3N PLAN POWERITELCO CABINET 1- [n.11 n, II SECTION A F.9I1 VIEW. SECTION A•A eP+�E.e no, 1141 ri•CR [OK Mull i.M0 11 sum 3�.:w.IKC. I.R.] Ha enususszn moo.. UP. m.o.,.Amp .o r111..19... .41 rel 1m Iwore 'A.mno men Z. ben ®w m.m w. 111.5,FJ^e•' era.. 1mw Mao I. p� 91Feo°1.a dam] . L pf1WFR TRENCH . ,F6 TELCO TRENCH , . 3 EQUIPMENT DETAIL r� } • Sprint. 2.iptuRI•L9 16260 VON KARI/All, 2,16 TLOOR WOK. (d R2612 _PROJECT INF0RstAISO.Y. CALTRANS ((O1Y 0C35XC197—J 2891 RAYH}186C BR. NERPG0.7 BEACH, CA 92660 COUNTY OF ORANGE POST0IIL6 Ia.. 46 F.CIAQRFHT ISSJE DATE Q°/09/34 '55VE0 FOR ZONING E V.ZBATE:=TPESCRIPTIO1 1 issugA 1gN 10,11K 1te15us. ISSUED. osausf0: nExr .—PLANS PREPARES B1' t'iL L CONSULTANT 64951 Ni111.1Oi,e1., q,le[ IR1 1"ngun.11111A C:A 9,1053 'III,Aynl IIT ". I.I,N n1-0 sc IV: i EL LAE- =SHEET tl'LE EQUIPMENT E-EVATJONS ANO OETA LS —SHEET NUL19ER . PENSION'"1 A2'° -DG9R'97 1 EXISTING STREET LIGHT -c 1 PROPOSED REPLACEMENT STREET LIGHT 5 .W-0- SOUTHWEST ELEVATION REFCMEHCE N0TL}; 105r Re-irSLe� .NON09 B0.1S 10R 10" BEN: AS s,a,1. B• 11WEAp .P1 n90 10[IS 0,0 'Ow 1wA5„ER5 ERs1wt S5E0PRR raaSN (a) 'mu N.1NceE. rxsvc Rculr:we�[ R.R cam: s�P.�r r"r PR0Pa5c0 51R2PCc 10 Px0. a". [il Pm0PCS[U OE:RE1 9]IOc65E2E-u u10,1,95 SFR. PEO 1C POLE. el / O ZE:F.R AOSE.^. 1"5' +-RE SPENR1c FOR amp..., ...Az to..EES P1-0P SEo 1" x•RE CPEuxc MA CPS CAMAS • PF55002 .00if p .0" SIREET 1021 0011CP+10, .uER0N 1 4 ,5 10R (& TR+MS w. • Lug • ran Usta • N0: JSEB • N01 .SEC STREET LIGHT REh1DERING F ' 0*000 CM5' niu(w. CuRR UN 9ROPOSE0 (2) P..1E..1.1E111.5 SECTOR 5 A1w4u11. 992. PmOS P2 :P5 9911C1x. 3 ANTENNA AZIMUTHS R.ss Arta WOW() 21000N s!n1n .10N1 SECTOR A arc AP ,Sprint. 5pri0x PCS' 19720 VON 1c 4NAN" 2N,] FLOOR iNwar. f'A 0%(•1) V•In11ECr lrI10I&1 :xuc_ -: c.:r.:..7. CALTRANS ICON ❑C35XC1 B7-1 2688 BAYSNORB DR. NEWPORT BEACH, CA 92663 COUNTY OF ORANGE POSTMILE 18.1i6 ECURRr1 :550E ..ATE 55LE5 F R• r� lONIN 01/09/0; J O REL'"._OA"E: CEY0A70ION: � P:ANS PREPARED Telecom Design Solutions 26051 Mari1 0'P212, 521,0102 L.BuM MIIIl CA 02653 ,CONSULTANT: LICENSURL r5C "SHEET TITLE STREET UG1-IT ELEVATIONS rSHEET NUMBER A3 R5O1SKPI:=i 0 OG35)fC197 TITLE REPORT .Iwl 911. tN1 LEGAL OSSCRFPTION w..wu.[ ASSESSORS PARCEL NO.: tar awwc TITLE REPORr EASEArENTS GEOGRAPHIC COORplNATES o rmuu Wal. IY9..L 1rr x L.Y DATE OF SURVEY wrru iA m PASLS OP BEARfNCS lit dr1e.. moo.,,, srs,b P O BENCH NARK Oar a rrpl .so. r t 11H L�+s1N • (x.,wu; CrtCRrf1lK pa.'Yra Vicln;tyi:a, —T ASprin E. SP�+xs- $PRIM 005 A55E15. lLC talon VONru+.l.r1 sui5E 3W NNIN'. CA 9%17 -=AR[1JCC1 Iu01111 ARf11. - SPRtNT OG35XC197J CORNER OE Orn0k 0R_ a, PLR GM0A1 010GH. 0RAti0E Co ISRREN' 12511E • CD0IC 11-24-03 SUED FOR. DESIGN REV.:=EYVTE:OESCRIp1I ON:—OY] 12-12-03 — s wua 11-71-03 rns1 1B1.rt4 LAN5 00100E0 pY Sun N. • Maus -- n1E5 AIXWAV AVENUE SLR!AI CQOTA HE4A. 7ArRMA 91026 i•}LON0 (i lg5W•'M19 AA.7C 1T111 aAn•-ma . •nwn nr Lrr PRO,,_, a...cER/I4L°ECi--7 r.lrr GL a5 J RIGHT OF WAY SURVEY LECENU - " i