25A - CELLULAR ANTENNA AT THORNTON PARK

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Lease Agreement with Omnipoint Communication Inc. April 6, 2009 Page 2 On November 19, 2008, the Board of Recreation and Parks approved the stealth monopole sports lighting antenna, an equipment building and lighted flagpole improvements at Thornton Park. The lease agreement with Omnipoint Communications, Inc. (T-Mobile) is for a 300 square feet lease area (15' X 20' equipment room). T-Mobile will build an equipment building 20 by 45 feet on the south-east side of Thornton Park ball fields, which includes space for a future carrier (Exhibit 1) T-Mobile agreed to install the necessary electrical service and lighting to light the existing flag pole between the two ball fields. The lease term is for 10 years, with three 5 year extension options . The revenue from this lease is $2,400 per month ($28,800 per year). The city's consultant (ATS Communications) will receive 20 percent ($5,760) of the revenue annually for assisting in the negotiations and construction administration of the lease agreement. The agreement also includes a 4 percent per year increase for the term of the lease. T-Mobile will provide all the proper insurances and obtain the necessary City permits prior to construction. The terms of this agreement are similar to other city cell tower agreements. Cell tower revenues originally were intended to address deferred maintenance in the park affected by the cell tower. Due to the city's current economic challenges, future cell tower revenues will now be used to fund general park landscaping and maintenance city wide. This proposed reallocation of funds is temporary until the City's financial condition improves. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2009-13 (Thornton Park) will be filed for this project. 25A-2