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wCF.doc 03101/10
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
WCF CASE FILE NO.: Z- Al__4 DDRESS:
LEGAL DESCRIPTION:All-acAtd
ZONING CLASSIFICATION: C -3 ABUTTING RESIDENTIAL: YES A NO
PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES _X_ NO
ATTACHED: ftw-"Ouj A I OR WITH SUPPORT STRUCTURE:
Maximum Setbacks: Setbacks: Setbacks:
Height Front Rear Sides Platted Building Line
Allowed, WCF Tower
Proposed
Allowed, Equipment Structure 60 a%11 h txe � iQl/• 1�/` r
Proposed
SECURITY FENCING HEIGHT:
LIGHTING: YES ""NO DOWNSHIELDED:
LANDSCAPE PLAN ATTACHED: /� ERP INFORMATION ATTACHED: OG)
COLLOCATION STATEMENT/AGREEMENT ATTACHED:
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ADDITIONAL
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ADDITIONAL DEVELOPMENT STANDARD INFORMATION:
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F I COY{GLnr.��E' [/Cl � V i'��'� �dY+-GiJ'a� /(/LI�/ 7 G1,�, O2- Y /r- ei• l'r QI"f
APPLICANT NAME: , A4
ase print]
APPLICANT ADDRESS: �6 �� �� V �Zvf t) K ��',�
APPLICANT PHONE NOI a - 439,- 77 d js FAX NO: � 13 - AL39-- 7
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APPLICANT SIGNATURE:
Date Received:
Easement Clearance: 4pp ved enied
Application: < rov enied
Any information not provided regarding
easement or floodway/plain, which impacts the
decision regarding this application is the
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 SUBMIT
COMMENTS:
DATE:. > 11-6 I / 5 PLANNING OFFICIAL:
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SITE AGREEMENT
Site Name- John Aa", o, f9gn)
1. Premises and Use. Owner leases to Sprint Spectrum L.P., a
Delaware limited partnership (`Sprint PCS"), the site described
below [Check all gpprapriate boxes]:
❑ Land consisting of approximately square feet upon
which Sprint PCS will construct its
❑ base station equipment and ❑ antenna support
structure;
❑ Building interior space consisting of approximately
square feet for placement of base station equipment;
® Building exterior space consisting of approximately 400
square feet for placement of base station equipment;
® Building exterior space for attachment of antennas;
❑ Tower space between the _ foot and _ foot level on the
tower for attachment of antennas;
as well as space required for cable runs to connect its
equipment and antennas in the location(s) shown on Exhibit A,
attached hereto, together with non-exclusive easements for
reasonable access thereto, for placement of an underground
grounding system, and for access to the appropriate source of
electric and telephone facilities, in the discretion of Sprint PCS
(the 'Site"). The Site will be used by Sprint PCS for the purpose
of installing, removing, replacing, modifying, maintaining and
operating, at its expense, a communications service facility,
including, without limitation, antenna and base station
equipment, cable, wiring, back-up power sources (including
generators and fuel storage tanks), related fixtures and, if
applicable to the Site, an antenna support structure (the
"Facilities"). Sprint PCS will use the Site in a manner which will
not unreasonably disturb the occupancy of Owner's other
tenants, if any. Sprint PCS will have unrestricted access to the
Site 24 hours per day, 7 days per week.
2. Term. The term of this Agreement (the `Initial Term") is 5
years, commencing on the date that both Owner and Sprint
PCS have executed this Agreement ('Lease Commencement
Date"). This Agreement will be automatically renewed for 4
additional terms of 5 years each (each a "Renewal Term"),
unless Sprint PCS provides Owner with notice of its intention
not to renew not less than 90 days prior to the expiration of the
Initial Term or any Renewal Term.
3. Rent. Until the date which is 60 days after the issuance of
a building permit, or if no building permit is required, the date
that is 60 days after the date Sprint PCS commences
installation of the Facilities at the Site ('Rent Comme----nent
Date"), rent will be a one-time aggregate payment of $ , the
receipt of which Owner acknowledges. Thereafter, rent will be
paid in advance in equal mor " ' stallments of Eleven
Hundred and NO/ 100ths dollars (until increased as set
forth herein), partial months to be prorated. During the initial
Term and each Renewal Term, Rent will be increased each year
on the anniversa the Lease Commencement Date to an
amount equal to I of the rental rate in effect during the
prior year. Notwithstanding anything contained in this Section,
Sprint PCS' obligation to pay rent is contingent upon Sprint
PCS' receipt of a W-9 form setting forth the tax identification
number of Owner or of the person or entity to whom rent
checks are to be made payable as directed in writing by Owner.
4. Title and Quiet Possession. Owner represents and
warrants to Sprint PCS and further agrees that: (a) it is the
owner of the Site; (b) it has the right to enter into this
Agreement; (c) the person signing this Agreement has the
authority to sign; (d) Sprint PCS is entitled to access the Site at
all times and to the quiet possession of the Site throughout the
Initial Term and each Renewal Term so long as Sprint PCS is
not in default beyond the expiration of any cure period; and (e)
Owner will not have unsupervised access to the Site or to the
Facilities.
May 2003
Sprint PCS Site ID #: I.1Z60XCO29-A
S. Assignment. Sprint PCS will have the right to assign its
rights under this Agreement without notice to or consent of
Owner.
6. Notices. All notices must be in writing and are effective
only when deposited in the U.S. mail, certified and postage
prepaid, or when sent via overnight delivery. Notices to Sprint
PCS are to be sent to: National Lease Management Group, 6391
Sprint Parkway, Mailstop KSOPHT0101-Z2650, Overland Park,
Kansas 66251-2650, with a copy to: Sprint Law Department,
6391 Sprint Parkway, Mailstop KSOPHT0101-Z2020, Overland
Park, Kansas 66251-2020, Attn.: Sprint PCS Real Estate
Attorney. Notices to Owner must be sent to the address shown
underneath Owner's signature.
7. Improvements. Sprint PCS may, at its expense, make
improvements on the Site as it deems necessary or desirable
from time to time for the operation of the Facilities. Owner
agrees to cooperate with Sprint PCS with respect to obtaining
any required zoning or other governmental approvals for the
Site and the Facilities. Upon termination or expiration of this
Agreement, Sprint PCS may remove the Facilities and will
restore the Site to substantially the condition existing on the
Lease Commencement Date, except for ordinary wear and tear
and casualty loss.
8. Compliance with Laws. Owner represents and warrants to
Sprint PCS that Owner's property (including the Site), and all
improvements located thereon, are in substantial compliance
with building, life/safety, disability and other laws, codes and
regulations of applicable governmental authorities. Sprint PCS
will substantially comply with all applicable laws relating to its
possession and use of the Site.
9. Interference. Sprint PCS will resolve technical interference
problems with other equipment located at the Site on the Lease
Commencement Date or any equipment that becomes attached
to the Site at any future date when Sprint PCS desires to add
additional equipment to the Site. Likewise, Owner will not
permit or suffer the installation of any equipment after the
Lease Commencement Date that: (a) results in technical
interference problems with the Facilities; or (b) encroaches onto
the Site.
10. Utilities. Owner represents and warrants to Sprint PCS
that all utilities adequate for Sprint PCS' use of the Site are
available at or near the Site. Sprint PCS will pay for all utilities
used by it at the Site. Owner will cooperate with Sprint PCS in
Sprint PCS' efforts to obtain utilities from any location provided
by Owner or the servicing utility, including signing any
easement(s) or other instruments) reasonably required by the
utility company. If there is a loss of electrical service at the
Site, Sprint PCS may, at its expense, install and maintain a
temporary generator and fuel storage tank at the Site or the
property adjacent to the Site at the location depicted in Exhibit
A.
11. Termination. Notwithstanding any provision contained in
this Agreement, Sprint PCS may, in Sprint PCS' sole and
absolute discretion and at any time and for any or no reason,
terminate this Agreement without further liability by delivering
prior written notice to Owner.
12. Default. If either party is in default under this Agreement
for a period of 30 days following receipt of written notice from
the non -defaulting party, the non -defaulting party may pursue
any remedies available to it against the defaulting party at law
or in equity, including, but not limited to. the right to terminate
this Agreement. If a non -monetary default cannot reasonably
be cured within a 30 -day period, this Agreement may not be
terminated if the defaulting party commences action to cure the
default within the 30 -day period and proceeds with due
diligence to fully cure the default.
Site Name: John Barrow US4
13. Indemnity. Subject to Section 17 hereof, Owner and
Sprint PCS each indemxtifies and agrees to defend the other
against and holds the other harmless from any and all costs
(in tiding reasonable attorneys' fees) and claims of liability or
loss which arise out of the ownership, use and occupancy of the
Site by the indemnifying party. This indemnity does not apply
to any claims arising from the negligence or intentional
misconduct of the indemnified party. The indemnity obligations
under this Section will survive termination of this Agreement.
14. Hazardous Substances. Owner represents and warrants
to Sprint PCS that it has no knowledge of any substance,
chemical or waste on the Site that is identified as hazardous,
toxic or dangerous (collectively, 'Substance") in any applicable
federal, state or local law or regulation. Sprint PCS will not
introduce or use any Substance on the Site in violation of any
applicable law. Owner will have sole responsibility for the
identification, investigation, monitoring and remediation and/or
cleanup of any Substance discovered at the Site unless the
presence or release of the Substance is caused by the activities
of Sprint PCS.
15. Subordination and Non -Disturbance. This Agreement is
subordinate to any mortgage or deed of trust of record against
the Site as of the Lease Commencement Date. Promptly after
this Agreement is fully executed, however, Owner will obtain a
non -disturbance agreement in a form reasonably acceptable to
Sprint PCS from the holder of any mortgage or deed of trust.
16. Property Taxes. Sprint PCS will be responsible for
payment of all personal property taxes assessed directly upon
and arising solely from its use of the Facilities on the Site.
Sprint PCS will pay to Owner any increase in real property taxes
attributable solely to any improvements to the Site made by
Sprint PCS within 60 days after receipt of satisfactory
documentation indicating calculation of Sprint PCS' share of the
real estate taxes and payment of the real estate taxes by Owner.
Owner will pay when due all other real estate taxes and
assessments attributable to the property of Owner of which the
Site is a part.
17. insurance. Sprint PCS will procure and maintain
commercial general liability insurance, with limits of not less
than $ 1,000,000 combined single limit per occurrence for bodily
injury and property, damage liability, with a certificate of
insurance to be furnished to Owner within 30 days after Sprint
PCS' receipt of a written request. Each party hereby waives its
right of recovery against the other for any loss or damage
covered by any insurance policies maintained by the waiving
party. Each party will cause each insurance policy obtained by
it to provide that the insurance company waives all rights of
recovery by subrogation against the other party in connection
with any damage covered by the policy.
18. Maintenance. Sprint PCS will be responsible for repairing
and maintaining the Facilities and any other improvements
installed by Sprint PCS at the Site in a proper operating and
reasonably We condition; provided, however, if any repair or
maintenance is required due to the acts or omissions of Owner,
its agents, contractors or employees, Owner wilt promptly
reimburse Sprint PCS for the reasonable costs incurred by
Sprint PCS to restore the damaged areas to the condition which
existed immediately prior thereto. Owner will maintain and
repair all other portions of the property of which the Site is a
part in a proper operating and reasonably safe
condition.19. Miscellaneous. (a) This Agreement applies to
and binds the heirs, successors, executors, administrators and
May 2003
Sprint PCS Site ID #: LR6OXCO29-A
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) Owner agrees to promptly execute and deliver to Sprint PCS
a recordable Memorandum of Agreement in the form of Ebrhibit
B, attached hereto; (d) this Agreement (including the Exhibits)
constitutes the entire agreement between the pasties and
supersedes all prior written and verbal agreements,
representations, promises or understandings between the
patties. 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 the
provision to persons other than those as to whom 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 attorneys' fees and other
reasonable enforcement costs and expenses from the non -
prevailing party.
20. Non -Binding Until Fully Executed. This Agreement is for
discussion purposes only and does not constitute a formai oder
by either party. This Agreement is not and will not be binding
on either party until and unless it is fully executed by both
parties.
The following Exhibits are attached to and made a part of this
Agreement: Exhibits A and B.
OWNER
Williams USO Building, LLC,
an Arkansas limited liability company
By.
Name: �Q +
Title: n
Federal Tax ID#:
Address: c o Associated Propgr
es Inc
8901 Kanis Road Suite 201
Little Rock AR 72205
Date: 19 -DA -63
SPRINT PCS:
Sprint Spectra L.P., a Delailt limit partnership
By:
Name: J G. M ers
Title: AVP -Site Develo went
Date: AUG 2 Fs ME
Site Name: John Barrow (USO)
SIT A
TO SITE AGREEMENT
Site Description
May 2003
Sprint PCS Site ID #: LR60XCO29-A
Site located at 8907 Rams Road. situated in the City of Little Rock, County of Pulaski, State of Arkansas 172205] commonly described as
follows:
Part of the NW/4 NW/4 of Section 11, Township 1 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly
described as follows: Beginning at the Northwest corner of Lot 15, Kanis Commercial Park; thence North 89 degrees 53 minutes, 17
seconds West 129.93 feet; thence North 224.82 feet to a point on the South right -of -way line of Kanis Road; thence along said right-of-
way line South 81 degrees 55 minutes 29 seconds East 200.82 feet to a point on the West line of Lot 16, Kanis Commercial Park; thence
along the West line of said Lot 16, South 00 degrees 20 minutes 28 seconds East 196.80 feet to the Southwest corner of said Lot 16, said
point also being on the North line of Lot 15, Kornis Commercial Park; thence along the North line of said Lot 15, North 89 degrees 53
minutes 17 seconds West 70.07 feet to the point of beginning.
AND
Part of the NW/4 NW/4 of Section 11, Township 1 North, Range 13 West, Little Rock, Pulaski County, Arkansas, being more particularly
described as follows: Beginning at the Northwest corner of Lot 15, Kanis Commercial Park; thence South 02 degrees 04 minutes 45
seconds West along the West line of said Lot 15 a distance of 130.37 feet to the Southwest comer of said Lot 15; thence North 87 degrees
55 minutes 53 seconds West 130.12 feet; thence North 02 degrees 09 minutes 58 seconds East 130.88 feet; thence South 87 degrees 42
minutes 26 seconds East 129.92 feet to the point of beginning.
All of the above now platted as Lot 14, Kanis Commercial Park, to the City of Little Rock, Pulaski County, Arkansas, as shown on plat
recorded as Plat No. E-811, records of Pulaski County, Arkansas
Site Plan:
Adjacent
Commercial
Property
i
N
♦ Kanis Road 11P
:d Sprint
up to 20,
Parking Lot
USO Orthopedics Bldg.
Eq Ipment "17 Cowin& rower i
\ I r
\ t r
`J i
Proposed Sprint skid mounted antennas
Parking Lot
Note: Drawing is Sprint access to property by use of existing driveways & parking
NOT to Scale areas; access to roof by elevator and stair case via penthouse.
This drawing is an approximation only and may be replaced by an
actual survey and/or A & E drawings of the roof & property when
available.
Existing Bldg.
8901 Kanis R&
John Barrow Rd.
Other Adjacent Commercial property
Owner Initials.
Sprint PCS Enitials: Notes: This depiction is NOT to scale. It is an approximation only and may be replaced by an actual survey or
A & E drawing when one becomes available.
March 13, 2013
Mr. Dana Camey
Zoning and Subdivision Manager
City of Little Rock
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
RE: Sprint Nextel Site No. LR60XCO29
8907 Kanis Road, Little Rock, AR 72205
Dear Mr. Carney,
Sprint plans to make modifications/improvements to its wireless
telecommunications facility referenced above. The modifications/improvements as
proposed will comply with the Federal Communications Commission ("FCC') rules and
regulations governing human exposure to radiofrequency emissions as currently
published.
You can learn more about the FCC rules and regulations specifically pertaining to
radiofrequency emissions by visiting the FCC website: http://transition.fcc.gov/oet/rfsafety//
If you have any questions, please call me directly.
Sincerely,
David Kirk
National RF Engineering
Sprint L
Sprint Nextel David kirk
6220 Sprint Parkway, KSOPHDO514-53870 RF Engineer 11
Together with NEXTEL
Overland Park, KS 66251 Regulatory Compliance
Office. (913) 315-1878 Fax: (913) 523-0436
March 13, 2013
Mr. Dana Camey
Zoning and Subdivision Manager
City of Little Rock
Department of Planning and Development
723 W. Markham St.
Little Rock, AR 72201
RE: Sprint Nextel Site No. LR60XCO29
8907 Kanis Road, Little Rock, AR 72205
Dear Mr. Carney,
Sprint plans to make modifications/improvements to its wireless
telecommunications facility referenced above. The modifications/improvements as
proposed will comply with the Federal Communications Commission ("FCC') rules and
regulations governing human exposure to radiofrequency emissions as currently
published.
You can learn more about the FCC rules and regulations specifically pertaining to
radiofrequency emissions by visiting the FCC website: http://transition.fcc.gov/oet/rfsafety//
If you have any questions, please call me directly.
Sincerely,
David Kirk
National RF Engineering
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