The URL can be used to link to this page

2019 04 23 PCPLANNING COMMISSION AGENDA 1 APRIL 23, 2019 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, APRIL 23, 2019 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE MINUTES OF APRIL 9, 2019 BUSINESS SESSION Declaration regarding Public Contacts Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.gov PLANNING COMMISSION AGENDA 2 APRIL 23, 2019 1. ADOPT A RESOLUTION TO APPROVE ZONING ORDINANCE AMENDMENT 2019-0001, PROPOSING TO AMEND SECTION 9.60.340 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE REGARDING FLAGPOLES. APPLICANT: CITY OF LA QUINTA. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE. LOCATION: CITY-WIDE. STUDY SESSION - None PUBLIC HEARING Declaration regarding Public Contacts 1. ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEM - None ADJOURNMENT The next regular meeting of the Planning Commission will be held on May 14, 2019, commencing at 6:00 p.m. at the City Hall Council Chamber, 78-495 Calle Tampico, La Quinta, California. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on April 18, 2019. DATED: April 18, 2019 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California PLANNING COMMISSION AGENDA 3 APRIL 23, 2019 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777-7118, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777- 7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 4 PLANNING COMMISSION MINUTES 1 APRIL 9, 2019 PLANNING COMMISSION MINUTES TUESDAY, APRIL 9, 2019 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson McCune. PRESENT: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune ABSENT: None STAFF PRESENT: Design and Development Director Danny Castro, City Engineer Bryan McKinney, Planning Manager Cheri L. Flores, Interim Senior Planner Carlos Flores, Traffic Management Analyst Kris Gunterson, Management Analyst Julie Mignogna, Commission Secretary Wanda Wise-Latta and Administrative Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Proctor led the Planning Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED MARCH 26, 2019 Commissioner Proctor noted that with regards to Public Hearing No. 1 and the Commission’s discussion regarding security for a proposed indoor storage facility, he would like to see a security plan reviewed by the Planning Commission. Interim Senior Planner Flores noted that the Commission’s motion added a condition of approval for staff-level review of a security plan. Design and Development Director Castro stated that the Commission’s comments made at its March 26, 2019 meeting were noted by staff. He indicated that review CONSENT CALENDAR ITEM NO. 1 5 PLANNING COMMISSION MINUTES 2 APRIL 9, 2019 of a security plan is not typically a planning staff or Planning Commission matter but would have police staff look at the plan when it is submitted. MOTION – A motion was made and seconded by Commissioners Currie/Quill to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION – None STUDY SESSION 1. DISCUSS DYNAMIC CHANGEABLE MESSAGE SIGNS AS PART OF THE COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM Traffic Management Analyst Kris Gunterson presented the staff report, which is on file in the Design and Development Department. Mr. Gunterson stated that this afternoon he received information regarding a monument-style changeable message sign option that would be available for consideration in addition to the single-direction sign and the double-direction sign. With reference to a double- direction sign placed in the center median, he said the City would be responsible for the cost and construction of a barrier or guardrail to protect the sign and drivers from any roadway departure as the result of an accident; and also a monument- style sign would be constructed at the expense of the City; and the equipment within the monument would be covered by CVAG’s project. Staff responded to Planning Commissioners’ inquiries regarding the use of the message signs for public interest messaging; CVAG’s role in the cost of the poles, messaging equipment and installation; synchronization; messaging control; option of back-to-back signs; the possibility of a mobile alternative; participation of other Coachella Valley cities in the program; opportunity to participate in a future phase of installation in the sign program; engineering windload of proposed signs; aesthetics of the sign and pole design; additional sign locations; use of signs for traffic and public service announcements; and Highway 111 corridor plan. PUBLIC HEARINGS - None REPORTS AND INFORMATIONAL ITEMS – None COMMISSIONERS’ ITEMS Commissioner Proctor inquired as to the status of the proposed Pavilion Palms commercial project and its traffic study whereas staff provided an update. Commissioner Quill asked about the project location for the staff-level decision regarding Minor Adjustment 2019-0005. 6 PLANNING COMMISSION MINUTES 3 APRIL 9, 2019 STAFF ITEM 1. 2018 PLANNING STAFF METRICS Interim Senior Planner Flores presented the information contained in the staff report, which is on file in the Design and Development Department. Mr. Flores responded to inquiries regarding metrics for CEQA determinations and the eTRAKiT system. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Proctor to adjourn this meeting at 6:56 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California 7 8 City of La Quinta PLANNING COMMISSION MEETING: April 23, 2019 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE ZONING ORDINANCE AMENDMENT 2019-0001, PROPOSING TO AMEND SECTION 9.60.340 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE REGARDING FLAGPOLES. APPLICANT: CITY OF LA QUINTA. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE. LOCATION: CITY- WIDE. PROJECT INFORMATION CASE NUMBER: ZONING ORDINANCE AMENDMENT 2019-0001 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 9.60.340 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE REGARDING FLAGPOLES LOCATION: CITY-WIDE CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15061 (B)(3), REVIEW FOR EXEMPTIONS – GENERAL RULE RECOMMENDATION Find the project exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061 (b)(3), Review for Exemptions – General Rule and adopt a resolution recommending to the City Council (Council) approval of Zoning Ordinance Amendment 2019-0001, approving an amendment to Section 9.60.340 of the La Quinta Municipal Code (Code). EXECUTIVE SUMMARY BUSINESS ITEM NO. 1 9 • Code amendments were adopted in December 2018 to streamline the development review process and clarify development standards. One of these amendments addressed development standards for flagpoles. • Staff indicated to Council during the public hearing that flagpoles existing in locations other than the front yard would be able to remain. This amendment clarifies the intent of the Council as relayed by staff. BACKGROUND/ANALYSIS Code amendments were adopted by the Council January 15, 2019 to streamline the development review process and clarify development standards. One Code amendment established new development standards for flagpoles in residential districts. These standards limit placement of flagpoles to front yards. During the public hearing, Council asked if flagpoles that currently exist in locations other than front yards would be “grandfathered-in.” Staff indicated that they would, in accordance with the non-conformities section of the Code. Staff proposes language be added to the Code stating that flagpoles that are established in locations other than the front yards prior to the ordinance effective date of February 15, 2019, would need to acquire a building permit if there was none issued previously. Pursuant to Government Code Section 65857, no public hearing before the Planning Commission is required for this clarification language, but the “grandfather in” provisions were not previously presented. Per State law, staff is requesting a recommendation on this discreet issue before returning to the Council for final consideration. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed Code amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions – General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director 10 PLANNING COMMISSION RESOLUTION 2019 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 9.60.340 OF THE LA QUINTA MUNICIPAL CODE TO CLARIFY LANGUAGE REGARDING FLAGPOLES CASE NUMBER: ZONING ORDINANCE AMENDMENT 2019-0001 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 23rd day of April 2019, review a Zoning Ordinance Amendment to amend Section 9.60.340 of the La Quinta Municipal Code; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed amendment is exempt from environmental review pursuant to Section 15061(b)(3), Review for Exemptions – General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed; and WHEREAS, the Planning Commission did make the following mandatory findings to recommend approval of said Zoning Ordinance Amendment to the City Council: 1. Consistency with General Plan The code amendment is consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public. 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendment clarifies language in the municipal code and does not incorporate any changes that affect the regulation and/or provision of 11 Planning Commission Resolution 2019- Zoning Ordinance Amendment 2019-0001 Applicant: City of La Quinta April 23, 2019 Page 2 of 3 public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2019-0001, as set forth in attached Exhibit A, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 23rd day of April, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ KEVIN MCCUNE, Chairperson City of La Quinta, California ATTEST: _______________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 12 9.60.340 Flagpoles. Flagpoles shall be allowed in all residential zoning districts subject to the following standards: A. Height of flagpoles shall not exceed twenty (20) feet. B. Flagpoles are allowed within the front yard only. The minimum front yard setback for flagpoles shall be ten (10) feet. C. Installation of flagpoles shall require a building permit. D. Flagpoles that were installed on locations other than the front yard prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required. EXHIBIT A 13 14 City of La Quinta PLANNING COMMISSION MEETING STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. PROJECT INFORMATION CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T PROPERTY OWNER: MEGA DEALER (TORRE NISSAN) REQUEST: ADOPT RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY LOCATION: AUTO CENTRE WAY, SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET; APN 600-340-018 CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION Find the project exempt from environmental review pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA) and adopt a resolution to approve Conditional Use Permit 2018-0006 for the construction of a 90-foot monopalm wireless communication facility. EXECUTIVE SUMMARY • AT&T is requesting approval of a 90-foot tall telecommunications tower camouflaged as a Date Palm tree on the property located at the southwest corner of Auto Centre Way and Auto Centre Drive, east of Adams Street (Attachment 1). PUBLIC HEARING NO. 1 15 • Twelve antenna panels will attach to the tower at a height of 81 feet and associated ground-mounted mechanical equipment will be located in an enclosure near the base of the tower. • The proposed facility will fill a gap in AT&T wireless service that currently exists in this area of La Quinta. BACKGROUND/ANALYSIS The project site is located on property owned by Torre Nissan at the southwest corner of Auto Centre Way and Auto Centre Drive, east of Adams Street (Attachment 2). The property is currently being used to park overstock vehicles from Torre Nissan under a Temporary Use Permit. The applicant has secured permission to lease a portion of the property near the south property line (Attachment 3). The tower includes total of twelve antenna panels mounted at a height of 81 feet and will be camouflaged with faux palm fronds (Attachment 4). Telecommunications facilities, such as monopalm cell towers, are regulated by Chapter 9.170 of the La Quinta Municipal Code and allow for towers up to 100 feet in height. Support equipment, consisting of multiple cabinets and a backup generator, is proposed to be ground-mounted within a 25-foot by 25-foot enclosure located at the base of the tower. The enclosure consists of CMU (concrete masonry block) walls at a height of 8 feet. A wrought iron gate will provide access into the enclosure. Two Date Palm trees, approximately 25 feet in height will be planted around the tower and enclosure. The total lease area for the telecommunications facility is approximately 650 square feet. The facility will be in operation 24 hours a day, 7 days a week and is unmanned. A networks operation personnel member will visit the site every 4-6 weeks for general maintenance review. Site Justification: AT&T has identified a significant gap in coverage in the Highway 111 area and surrounding community as identified on their submitted radio frequency (RF) map (Attachment 5). The placement of the monopalm at this location would improve coverage to customers in the area. Alternative locations were explored but were found infeasible since there were no other willing leasing partners in the area (Attachment 6). AGENCY AND PUBLIC REVIEW Public Agency Review: This request was sent to all applicable City departments and affected public agencies. All written comments received are on file and available for review with the Design and Development Department. All applicable comments have 16 been adequately addressed and/or incorporated in the recommended Conditions of Approval. Public Notice: This project was advertised in The Desert Sun newspaper on April 13, 2019 and mailed to all property owners within 500 feet of the site. To date, staff has received two phone calls from nearby property owners regarding the project. Any written comments received will be handed out at the Planning Commission Hearing. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15303 (Class 3) of the California Environmental Quality Act for new construction or conversion of small structures. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachments: 1. Project Information 2. Project Area Map 3. Draft Lease Agreement 4. Conditional Use Permit Plans 5. RF Maps 6. Justification Letter 17 18 PLANNING COMMISSION RESOLUTION 2018 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A 90-FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND EQUIPMENT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23rd day of April 2019, hold a duly noticed Public Hearing to consider a request by AT&T for approval of a 90-foot tall monopalm wireless telecommunication tower and mechanical equipment, generally located at the southwest corner of Auto Centre Drive and Auto Centre Way, east of Adams Street, more particularly described as: APN: 600-340-018 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on April 13, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit: 1. Consistency with General Plan The design of the proposed wireless facility is consistent with La Quinta General Plan, which requires utilities and communication facilities to be available, adequate and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will ensure that the public has access to such services. The placement of the monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to the public health, safety and general welfare. The facility will provide enhanced communication services to the surrounding area, 19 Planning Commission Resolution 2019 - Conditional Use Permit 2018-0006 Applicant: Eukon Group April 23, 2019 Page 2 of 3 including emergency and public safety communications. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The proposed wireless telecommunication facility minimizes adverse visual impacts by utilizing a small footprint, and is proposed as a stealth Monopalm, which fronds minimize the visual impacts of the facility. 4. Tower Design The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provider’s objectives for coverage within this portion of the community. The proposed camouflaged wireless communications facility, as conditioned, to be a 90-foot facility is consistent with City of La Quinta development standards for wireless telecommunication facilities. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant’s justification letter, to continue and improve community access to wireless service from the project site. Therefore, this facility is necessary to improve community access to wireless services. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2018-00036 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 23rd day of April 2019, by the following vote: 20 Planning Commission Resolution 2019 - Conditional Use Permit 2018-0006 Applicant: Eukon Group April 23, 2019 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: _______________________________ KEVIN MCCUNE, Chairperson City of La Quinta, California ATTEST: _______________________________ DANNY CASTRO, Design and Development Director City of La Quinta, California 21 22 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 1 of 8 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Conditional Use Permit shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on April 23, 2021 and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Design and Development Department (Grading Permit, Green Sheet (Public Works Development Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits • La Quinta Planning Division • Riverside Co. Environmental Health Department • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Regional Water Quality Control Board (CRWQCB) 23 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 2 of 8 • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission • Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in agreements for the development. 9. The applicant shall cause no easement to be granted, or recorded in the public right of way unless such easement is approved by the City Engineer. 24 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 3 of 8 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California. 10. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 11. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. “On-Site Precise Grading” plans shall normally include all on-site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and accessibility requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 12. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 13. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical (“soils”) report prepared by a qualified engineer, All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. 25 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 4 of 8 The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. UTILITIES 14. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 15. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 16. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. LANDSCAPE AND IRRIGATION 17. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 18. The applicant shall submit the landscape plans for approval to plan checking by the Planning Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager and/or the City Engineer. NOTE: Plans are not approved for construction until signed by both the Planning Manager and/or the City Engineer. 19. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager and/or City Engineer. 20. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 21. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 22. All landscaping shall consist of, at minimum, 36” box trees (i.e., a minimum 2.5 26 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 5 of 8 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. 23. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process as a New Final Landscape Plan. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official. 24. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Manager a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. 25. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 26. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 27. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. Any disturbed areas including landscaping shall be replaced in-kind. FEES AND DEPOSITS 28. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 29. Permits issued under this approval shall be subject to the provisions of the 27 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 6 of 8 Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). PLANNING 30. The proposed telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time; power densities that exceed current FCC adopted standards for human exposure for RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. 31. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City’s noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site consistent with the facility’s original approval. 32. The panel antennas shall be mounted securely to the monopalm tower. All antennas and antenna arrays shall be painted to match the faux palm fronds and shall be shielded from view by the tower’s faux palm fronds. The final design of the screening material shall be approved by the Design and Department Director. 33. The access gate on the equipment enclosure shall be of wrought-iron material with metal mesh screening. No chain link fencing shall be used. 34. The proposed monopalm shall be approved at a height of 90 feet. 35. Branches shall extend a minimum of 18 inches beyond the antenna arrays. 36. The monopalm structure shall include fifty (50) fronds for maximum antenna screening. 37. Three (3) live Date Palm Trees shall be planted near the equipment enclosure in order to help stealth the facility. 38. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 28 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 7 of 8 39. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 40. AT&T, or successor, shall have a continuing obligation to respond to and resolve any and all complaints associated with any potential interference with frequencies related to residential and/or life safety communications and operations. Response shall be within 48 hours of receipt of notice of any such complaints. 41. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths-of- travel. 42. The wireless telecommunication facility operators are required to notify the City of La Quinta’s Planning Division within sixty (60) days of any change of ownership of the facility. 43. This telecommunication facility is subject to a ten-year review by the Planning Commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer. 44. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 45. No cables, conduit or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. 46. The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the faux palm treatment and all landscaping, including the required additional live palm tree and plantings around the equipment enclosure, in a live healthy status. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City. FIRE 47. Existing fire department access lanes shall be maintained. 48. All structures shall be installed per approved plans. 29 PLANNING COMMISSION RESOLUTION 2019- CONDITIONS OF APPROVAL - DRAFT CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP Page 8 of 8 49. A Fire Department final inspection is required. Please contact the Fire Department to schedule inspections. Requests for inspections are to be made at least 72 hours in advance and may be arranged by calling 760-777-7131. 50. One (1) 2A-10BC minimum fire extinguisher shall be provided and mounted from 3.5'' to 5' in height from finish floor before final inspection. 51. On NFPA 704 Placard shall be provided as required for any use of hazardous materials needed for the operation of cell equipment. 52. A KNOX box with access key(s) is to be installed at front of equipment room for fire department access. BUILDING 53. The proposed structure including miscellaneous site support facility construction will require permitting based on the applicable code at time of submittal for construction. 54. Please obtain facility addressing from the building division prior to submittal of plans for construction permitting and electrical service from Imperial Irrigation District. 30 Project Information CASE NUMBER: CONDITIONAL USE PERMIT 2018-0006 APPLICANT: EUKON GROUP FOR AT&T PROPERTY OWNER: MEGA DEALER (TORRE NISSAN) REQUEST: THE PLACEMENT OF A 90-FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND MECHANICAL EQUIPMENT LOCATION: AUTO CENTRE WAY, SOUTH OF AUTO CENTRE DRIVE, EAST OF ADAMS STREET; APN 600-340-018 GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL ZONING DESIGNATION: REGIONAL COMMERCIAL SURROUNDING ZONING/LAND USES: NORTH: REGIONAL COMMERCIAL AUTO DEALERSHIPS SOUTH: MEDIUM DENSITY RESIDENTIAL VACANT EAST: REGIONAL COMMERCIAL VACANT WEST: REGIONAL COMMERCIAL, MEDIUM DENSITY RESIDENTIAL VACANT, HADLEY VILLAS WEST OF ADAMS STREET LAKE LA QUINTA TO SOUTHWEST ATTACHMENT 1 31 32 HIGHWAY 111 AUTO CENTR E D R I V E AUTO CENTRE WAYADAMS STREETSITE Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GISUser Community PROJECT AREA MAP ATTACHMENT 2 33 34 Land Lease Version 6.7. 2013 Market: Los Angeles Cell Site Number: CLU6268 Cell Site Name: Tatooine Fixed Asset Number: 11585737 LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by Mega Dealer, a corporation, having a mailing address of 79125 Highway 111, La Quinta, CA 92253 ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, 13F, West Tower, Atlanta, GA 30324 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 79125 Highway 111, La Quinta, CA 92253, in the County of Riverside, having an APN of 600-340-018 (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1.LEASE OF PREMISES. Landlord hereby leases to Tenant a certain portion of the Property containing approximately 800 square feet including the air space above such ground space, as described on attached Exhibit 1 (the “Premises”) for the placement of Tenant’s Communication Facility. 2.PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”) as may reasonably be required during construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant’s expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant’s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the ATTACHMENT 3 35 Land Lease Version 6.7. 2013 2 same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or then-existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated prior to the end of the final Extension Term, , then upon the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term ("Term"). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, One Thousand and No/100 Dollars ($1,000.00) (the “Rent"), at the address set forth above. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Rent Commencement Date. (b) In year one (1) of each Extension Term, the monthly Rent will increase by seven and one-half percent (7½%) over the Rent paid during the previous five (5) year term. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant’s Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. In addition, Tenant shall have the right to initiate the ordering and/or scheduling of necessary utilities. 36 Land Lease Version 6.7. 2013 3 (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 6(d) Termination, 11(d) Environmental, 18 Condemnation or 19 Casualty. 7. INSURANCE. (a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Tenant’s CGL insurance shall contain a provision including Landlord as an additional insured. Such additional insured coverage: (i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and (iii) shall not exceed Tenant’s indemnification obligation under this Agreement, if any. (b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection (a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection (a)): (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and 37 Land Lease Version 6.7. 2013 4 (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies use on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party, if exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to, in interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any 38 Land Lease Version 6.7. 2013 5 liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord ; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. ENVIRONMENTAL. (a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos- containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or third party, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such 39 Land Lease Version 6.7. 2013 6 Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant’s request, Landlord shall execute additional letters during the Term. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant’s damages until Landlord cures such default. Landlord and Tenant agree that Tenant’s damages in the event of a denial of access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such utility 40 Land Lease Version 6.7. 2013 7 companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as reuired by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty- five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord’s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: CLV0632; Cell Site Name: Mountain View (CA) Fixed Asset #.: 12794058 575 Morosgo Drive NE, 13F, West Tower Atlanta, GA 30324 With a copy to New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept – Network Operations Re: Cell Site #: CLV0632; Cell Site Name: Mountain View Fixed Asset #: 12794058 208 S. Akard Street Dallas, TX 75202-4206 41 Land Lease Version 6.7. 2013 8 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: Mega Dealer 79125 Highway 111 La Quinta, CA 92253 Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 21. TAXES. (a) Landlord shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be responsible for any taxes and assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in 42 Land Lease Version 6.7. 2013 9 this Section 21. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant within such time period, Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17 and, in addition, of a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Agreement, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax addresses changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities. New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration -- Taxes Re: Cell Site # CLV0632; Cell Site Name: Mountain View, CA (CA) Fixed Asset #: 12794058 575 Morosgo Drive NE, 13F, West Tower Atlanta, GA 30324 43 Land Lease Version 6.7. 2013 10 (g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. 22. SALE OF PROPERTY. (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill v. New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord’s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. (d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with this Agreement (“Rental Stream Offer”), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. 44 Land Lease Version 6.7. 2013 11 The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. 45 Land Lease Version 6.7. 2013 12 (k) W-9. As a condition precedent to payment Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address. (l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. [SIGNATURES APPEAR ON NEXT PAGE] 46 Land Lease Version 6.7. 2013 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below. "LANDLORD" Mega Dealer, a corporation By: Print Name: Its: Date: By: Print Name: Its: Date: "TENANT" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] 47 Land Lease Version 6.7. 2013 14 TENANT ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT INDIVIDUAL ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) BE IT REMEMBERED, that on this _____ day of ____________, 20___ before me, the subscriber, a person authorized to take oaths in the State of ___________________, personally appeared __________________________ who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained. Notary Public: My Commission Expires: 48 ATTACHMENT 4 49 50 51 52 53 54 55 56 57 58 59 60 61 Date: 3/29/2019 Site Name: AT&T CLU6828 Address: 79125 Highway 111 La Quinta, CA 92253 Applicant: AT&T 1452 Edinger Ave. Tustin, CA 92780 Contact: Gina Pappas Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 gina.pappas@eukongroup.com Certificate of Authenticity / Disclaimer: Eukon Group warrants that this photo simulation is an accurate representation of the proposed site based upon the project plans and additional information provided by the Applicant. The final constructed site may vary. Prepared by: Anika Denton Graphic Detail Productions ajdenton@gdprod.com S I T E P H O T O S I M U L A T I O N SS I T E P H O T O S I M U L A T I O N S Images from Google Earth 2017© Subject Site 1 3 X 2 4 5 62 Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 1 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 View 1 Looking southeast from Auto Centre Dr. toward subject site. Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 63 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Existing Photosimulation 2 Subject Site X View 2 Looking northeastfrom Adams St. toward subject site. AT&T 1452 Edinger Ave. Tustin, CA 92780 64 View 3 Looking northeast from Adams St. toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation3 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 65 View 4 Looking southwestfrom La Quinta Dr. toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 4 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 66 View 5 Looking southwestfrom Highway 111 toward subject site. Image from Google Earth 2017© Proposed AT&T panel antennas mounted on new monopalm with new live palm landscaping Existing Photosimulation 5 Subject Site X Graphic Detail Productions 1909 Del Paso Ave. Los Angeles, CA 90032 (323) 445-6294 Date: Site Id: Address:3/29/2019 AT&T CLU6828 79125 Highway 111 La Quinta, CA 92253 Eukon Group 630 S. Grand, Suite 101 Santa Ana, Ca 92705 (949) 577-3838 AT&T 1452 Edinger Ave. Tustin, CA 92780 67 68 LTE Justification Plots Market Name: Los Angeles Site ID: CSL06268 Site Address: 79125 Highway 111, LA Quinta, CA 92253 ATOLL Plots Completion Date: Mar 09, 2018 ATTACHMENT 569 Page 2 © 2008 AT&T Knowledge Ventures. All rights reserved.AT&T is a registered trademark of AT&T Knowledge Ventures. ❖Propagation of the site plots are based on our current Atoll (Design tool) project tool that shows the preferred design of the AT&T 4G-LTE network coverage. ❖The propagation referenced in this package is based on proposed LTE coverage of AT&T users in the surrounding buildings, in vehicles and at street level . For your reference, the scale shown ranges from good to poor coverage with gradual changes in coverage showing best coverage to marginal and finally poor signal levels. ❖The plots shown are based on the following criteria: ➢Existing: Since LTE network modifications are not yet On-Air. The first slide is a snap shot of the area showing the existing site without LTE coverage in the AT&T network. ➢The Planned LTE Coverage with the Referenced Site : Assuming all the planned neighboring sites of the target site are approved by the jurisdiction and the referenced site is also approved and On-Air, the propagation is displayed with the planned legends provided. ➢Without Target site : Assuming all the planned neighboring sites are approved by the jurisdiction and On-Air and the referenced site is Off-Air, the propagation is displayed with the legends provided. Assumptions 70 Page 3 © 2008 AT&T Knowledge Ventures. All rights reserved.AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage Before site CSL06268 71 Page 4 © 2008 AT&T Knowledge Ventures. All rights reserved.AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage After site CSL06268 72 Page 5 © 2008 AT&T Knowledge Ventures. All rights reserved.AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage standalone site CSL06268 73 Coverage Legend In-Building Service:In general, the areas shown in dark green should have the strongest signal strength and be sufficient for most in-building coverage. However, in-building coverage can and will be adversely affected by the thickness/construction type of walls, or your location in the building (i.e., in the basement, in the middle of the building with multiple walls, etc.) In-Transit Service: The areas shown in the yellow should be sufficient for on - street or in-the-open coverage, most in-vehicle coverage and possibly some in-building coverage. Outdoor Service:The areas shown in the purple should have sufficient signal strength for on-street or in-the-open coverage, but may not have it for in- vehicle coverage or in-building coverage. 74 ATTACHMENT 6 75 76