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HomeMy WebLinkAboutZ-6661-D ApplicationSiteExcell, LLC (SAR) Plaza WestM6Kinley, SITE ACQUISITION REPORT for NEXTEL Partners 415 North McKinley, Suite 1235 Little Rock, Arkansas 72205 Tei: (501) 604-4000 Search Area Name & Number Pulaski Heights - AR -002P -A Fax (501) 604 4010 Candidate Name and Number. Rivercliff Apartments — Candidate "C" Zoning Map CDnfadentiaf & Proprietary Information SqR Revised 4-1 &2000 ^ \j � 1 (Al _ % 3a LR63k (-o 13 03/01/10 wCF.doc WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION WCF CASE FILE NO.: Z -14&c -DRESS: Z.bO Cd L • 1k . 7 Z,Z v Z - L1; GAL DESCRIPTION: (7 a of I ZONING CLASSIFICATION: —"- ABUTTING RESIDENTIAL: �ES NO PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES NO ATTACHED: Allowed, WCF Tower Proposed Allowed, Equipment Structure Proposed SECURITY FENCING HEIGHT: GHTING YES OR WITH SUPPORT STRUCTURE: Setbacks:I Setbacks: I Setbacks: Front Rear Sides I Platted /V/* LI DOWNSHIELDED: LANDSCAPE PLAN ATTACHED: %V -P ERP INFORMATION ATTACHED: y1f /AGREEMENT ATTACHED• '*� Line COLLOCATION STATEMENT ADDITIONAL DEVELOPMENT STANDARD INFORMATION: �w S /0' LedIf 4 G uv\ .-Fs . �/a [�►.zv. j I rine auino�-l2V p o �i61n ar C�!*PLA%idA APPLICANT NAME: APPLICANT ADDRESS: iS v� S ®�ovey )z d Rf APPLICANT PHONE NO.: i3 `• 43e- 77 66 FAX NO: _7i3 3�" APPLICANT SIGNATURE: Date Received: ✓/�JI� 20� /-_ Any information not provided regarding Easement Clearance: Approved/ Deniek'� easement or fioodway/plain, which impacts the decision regarding this application is the Application: 49rove / Denied responsibility of the applicant. NOTE: OBTAIN A BUILDING PERMIT BEFORE BEGINNING ANY CONSTRUCTION. SUBMIT COPY OF THIS APPROVED APPLICATION AND ORIGINAL SIGNED SITE PLAN WITH SUBMITTAL. COMMENTS: DATE: �%YN Z Z 2 D% 3 R4 PLANNING OFFICIAL: version 2.0 Ar SITE AGREEMENT 3-1-96 Site Name Cantrell Hill rte I. D. LFt03XC0 3131 1. Premises and Use. Owner leases to Sprint Spectrum, L. P., a Delaware limited partnership ("SSLP'), the site described below: [Check appropriate box(es)] 0 Real property consisting of approximately square feet of land; KBuilding interior space consisting of approximately 131square feet; ❑ Building exterior spare for attachment of antennas; ❑ Building exterior space for placement of base station equipment; ❑ Tower antenna space; ❑ Space required for cable runs to connect PCS equipment and antennas, in the location(s) ('Site") shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the appropriate, in the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose of installing, removing, replacing, maintaining and operating, at its expense, a personal communications service system facility (`PCS-), including, without limitation, related antenna equipment and textures. SSLP will use the Site in a manner which will not unreasonably disturb the occupancy of owner's other tenants. 2. Term. The term of this Agreement (the "Initial Term') is five years, commencing on the date ('Commencement Date) SSLP signs this Agreement. This Agreement will be automatically renewed for four additionar terms (each a "Renewal Term") of five years each, unless SSLP provides Owner notice of intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. 3. Rent. Rent will be paid annually in advance beginning on the Commencement Date and on each anniversary of it. Until the earlier of (a) the date which is 30 days after the issuance of a building permit for installation of the PCS, or (b) the first day of the month `- '`;{ commencement of physical preparation of the Site, the rent will be S the rer ` Owner acknowledges. Thereafter the annual rent will be $_�� partial years to be prorated. The annual rent for each Renewal Term will be the annual rent in effect for the final year of the In!1W Term or prior Renewal Terre. as the case may be, increased tpercen' a Io). 4. Title and Quiet Possession. Own., icisresents and agrees (a) that it Is the Owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that SSLP is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP is not in default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCS equipment. S. Ass ignmentlSubletting. SSLP will not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, SSLP may assign or sublet without Owner's prior written consent to any party controlling, controlled by or under common control with SSLP or to any party which acquires substantially all of the assets of SSLP. S. Notices. All notices must be in writing and are effective when deposited in the U.S. mail, certified and postage prepaid, or 'when sent via overnight delivery, to the address set forth below, or as otherwise provided by law - 11. 3errrtination. SSLP may terminate this Agreement at any time by notice to Owner without further liability if SSLP does not obtain all permits or other approvals (collectively, "approval') required from any governmental authority or any easements required from any third party to operate the PCS system, or if any such approval is ranceted, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or if SSLP, for any other reason, in its sole discretion, determines that [twill be unable to use the Site for its Intended purpose. Upon termination, all prepaid rent shall be retained by Owner. 12. Default. If either party is in default under this Agreement for a period of (a) 10 days following receipt of notice from the non -defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non -defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event. the non -defaulting party may pursue any remedies available to it against the defaull+ng party under applicable law, including, but not limited to, the right to terminate this Agreement. It the non monetary default may no; reasonably be cured within a 39 day period, this Agreement may not be terminated if the defaulting patty commences action to cure the default within such 30 day period and proceeds with due difigence to fully cure the default. 13. indemnity. Owner and SSLP each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys fees) and claims of liability or foss which arise out of the use and/or occupancy of the Site by the indemnifying party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, 'substance-) on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or focal law of regulation- SSLP shall not introduce or use any such substance on the Site in violation of any applicable law. 1s. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; {b) This Agreement is governed by the laws of the State in which the Site is located, (c) if requested by SSLP. Owner agrees promptly to execute and deliver to SSLP a recordable Memorandum of this Agreement in the form of Exhibit B; (d) This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and vernal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to wham it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (f) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable atiomeys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. 7. Improvements. SSLP may, at its expense, make such Improvements on The following Exhibits are attached to and made a part of this t deems necessa from time to time for the operation of a Agreement: Exhibit A , B. D rid the Site as r rY transmitter site for wireless voice and data communications. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of this OWNS . RiveTcliff Co�any, Inc. Agreement, SSLP may remove its equipment and improvements and will ' f: :' i'• restore the Site to the condition existing on the Commencement Date, except By: .. r !': J • 1` r for ordinary wear and tear. Its: a. Compliance with Laws. Owner represents that Owner's property S.S./Tax No: ��-0 20 tincluding the Site), and all improvements located thereon, are in substantial See Exhibit Al for continuation of Owner signatures compliance with building, lifelsafety, disability and other laws, codes and regulations of applicable governmental authorities. SSLP will substantially Address:�� comply with all applicable laws relating to its possession and use of the Site. r 9. Interference. SSLP will resolve technical interference problems with athef Date: equipment located at the Site cin the Commencemenl Date or any equipment that becomes attached to the Site at any future date when,SSLP desires to add additional equipment to the Site. Likewise, owner will not permit the Sprint Spectrum, L.P— a Delaware limited partnership installation of any future equipment which results in technical interference By problems with SSLP's then existing equipment. I el 10. Utilities. Owner represents that utilities adequate for SSLP's use of the dress: Site are available. SSLP will pay for all utilities used by it at the Site. Owner location r 1.exr will cooperate with SSLP in SSLP's efforts to obtain utilities from any the utility. L- pate provided by Owner or servicing Attach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agreement CIibPDF - www.fastio.com 0 Owner are found to be jointly culpable or negligent for a claim brought by a third person to this Lease, then Lessee and Owner agree to a contractual right of either party to seek comparative indemnification for any such claim. RIVERCLIFF COMPANY, INC. Date: wpdocs1sprinMddendum CHI)PDF - www.fastioxom SPRINT SPECTRUM, L.P. By: SP009-07 Version 2.0 3-1-96 EXHIBIT A* Site Name Cantrell if Site Description Site I. D. LR03XCOI1381 Site situated in the City of Little Rock, County of Pulaski, State of Arkansas commonly described as follows: Rivercliff Apartments 2000 Magnolia Little Rock, AR 72202 Equipment Room Sketch - �ocPr1�D O [ 2e)✓i'4� �LOt� eLlp�pts,�,� . W 1t�C„ 4T'iLr 7.� . r Owner Initials ' `\ -V SSLP Initials_ Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and/or an as -built drawing depicting the Site. CIil)PDF - www.fastio.com Non -Rooftop Cell Sites - Sprint Nextel Equipment Only Contact Regional Regulatory POC or National RF Regulator with questions. Instructions: Enter information into shaded fields in SE Yonly. Site Name: CDMA RIVERCLIFF APTS. MEN WiMax Site Address: 2060 Magnolia Street City: Little Rock State: AR Zip Code: 72202 Site Number: CDMAJ LR03XCO13 [DEN W[Max Latitude (NAD83): 34-46-5.99 DD-MM•SS.SS Longitude: (NAD83): 92-18-47.99 DDD-MM-SS.SS Technology (Drop -Down List): Frequency of Cartier (1900 MHz for CDMA, 651 MHZ for iDEN, 2500 for WiMax): Total # of carriers EIRP per Carrier (in dbm) from Link Budget: RC Height Above Ground [Y]: Distance Between Tower and Closest Point Worker Would Be" [X1]: Distance Between Tower and Closest Point on Fence Line" [X2]: Antenna centerline mechanical/electrical downtilt, if any Angle from horizon to Worker Point of Interest Angle from horizon to Closest point on Fence Line Angle between antenna centerline and radial to Worker Point of Interest Angle between antenna centerline and radial to Closest Point on Fence Line Difference between maximum antenna gain and and antenna gain along radial to Worker point of interest Difference between maximum antenna gain and and antenna gain along radial to Closest Point on Fence Line CDMA 1900 LTE CDMA 800 Microwave Unit 190D 1900 600 MHz 3 1 1 Numeric 68.97 58.01 68.47 dBm 75 75 75 Feet 26 26 26 Feet 41 41 41 Feet _ 6 & 1 5 Degrees 71.2 71.2 61.2 61.2 652 65.2 55.2 55.2 71.2 61.2 66.2 562 #DIVf01 #DIV/0! #DIV/0! #DIV101 Degrees Degrees Degrees Degrees D 0 0 d6 `` 0 ! 0 0 d8 " X1 refers to the horizontal distance between the base of the tower and the nearest point on the property that a worker would work for any length of time e.g. a transmitter shed. X2 refers to the horizontal distance between the base of the tower and the nearest point on the property line that the public could walk up to or have access e.g. closest point on fence line. Rt �i VYbrker Access e.g. TrmrsmBer Shed Public, Access e9 Fer.:tLine R2 % The equations used in this evaluation are based on the equations found in "0 ET Bulletin 65, Edition 97-01" Form Page 1 of 2 ® A Help Data Versions Site Information from Site Data Page 4 ^n Structure Type: Roof -Fop JURISDICTION INFO Manual Entry BY REGULATORY ONLY Jurisdiction Override? Unspecified Jurisdiction: Unspecified Jurisdiction Frequency (Months): --Not Selected -- Third Party Vendor Required? Unspecified MPE CERTIFICATION INFO 4 n A. This site complies with the FCC's MPE standards, taking into account any nearby significant transmitting sources based on: Categorically Excluded from rout 4 AA B. Access to the RF Controlled area is restricted in accordance with the Sprint RF Compliance and Safety Program. Yes C. If an In -Building system and all antennas completely contained within the building structure: 4 n I certify that all antennas or distribution equipment are mounted at least 20 centimeters. (approx 6 inches) from public reach and other access points. --Not Selected -- 4 AA I certify that the combined ERP from a single indoor antenna is limited to less than 100 mW(20dBm). --Not Selected -- D. If this site is feeding a Distributed Antenna System (DAS): 4 AA I certify that all antennas or other distribution equipment at all nodes are mounted at least 20 centimeters (approx. 6 inches) from any access point. --Not Selected -- 4 AA I certify that the combined ERP from the antenna or set of antennas at each node is limited to less than 1W (30dBm). --Not Selected -- Additional information for Categorically Exclusion Purposes: 4 n Non Building Mounted/Non Rooftop (i.e. towers, watertanks, monopoles): the distance from the ground level to the lowest point of the antenna is at least 10 meters or the sum of the ERP of all operating frequencies does not exceed 1000 watts ERP. Yes https:Hsprint.siterra.com/gisapi.dll?Do=Output&PagelD=7040301 00&C1ass1D=70400... 12/6/2012 Form Page 2 of 2 4 ^n Site MPE Compliant: Yes FCC Standard: Both - Occ/GP Comments: MPE NV Recertified _ 4 n RF Engineer: Certification Date: Saket Chandan 06/12/2012 0-'- Ej Send Notification Save & Close &J Save & Complete Cancel https://sprint.siterra.com/gisapi.dll?Do=Output&PageID=7040301 OO&CIassID=7040O... 12/6/2012 ERICSSON Ericsson Inc. 6300 Legacy Drive Plano TX 75024 105060 CITY OF LITTLE ROCK Date 12/03/2012 DATE INVOICE NO, Discount Net Amount 11/19/2012 LR03XC013:AHA 0.00 100.00 Sum total 0.00 100.00 Payment document Check number Date Currency Payment amount 2000706506 35032206 12/03/2012 USD 100.00 City of Little Rock Planning and Development Filing Fees Date P7J Annexation Board of Adjustment Cond Use Permit/T UP Final Plat Planned Unit Dev Preliminaiy Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at ea Public Hearing Signs Number at ea Total File No -Z- 666_1 Location Ak Applicant By