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Planning Viewer Application Map
Data current as of 10/25/19 (Zoning) & 09/26/19 (Land Use). of LITT
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Disclaimer: Information hereon is representational
only and is not intended to meet legal standards.L:k
Use at your own risk. PLANNING & DEVELOPMENT
WCF.doc
03/01/10
WIRELESS COMMUNICATION FACILITY (WCF) APPLICATION
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L� �� 1_511 Pickering Drive
WCF CASE FILE NO.: Z- &IQ � ADDRESS:
LEGAL DESCRIPTION: 43L1280002601
ZONING CLASSIFICATION: I ;- 3 ABUTTING RESIDENTIAL: YES X NO
PROPERTY LOCATED IN FLOODPLAIN DISTRICT: YES X NO
ATTACHED:
YES
OR WITH SUPPORT STRUCTURE: �(
Maximum
Height
Setbacks:
Front
Setbacks: Setbacks:
Rear Sides Platted Building Line
Allowed, WCF Tower
t. v .r
Proposed
Allowed, Equipment Structure
Proposed
SECURITY FENCING HEIGHT: N/A
LIGHTING: YES X NO DOWNSHIELDED:
06
LANDSCAPE PLAN ATTACHED: N/A ERP INFORMATION ATTACHED: TBD
COLLOCATION STATEMENT/AGREEMENT ATTACHED:
ADDITIONAL DEVELOPMENT STANDARD INFORMATION: Installation of
1 canister antenna, 1 antenna mount, 3 radio units with enclosure, 1 meter socket, 1 load center.
Black & Veatch (on behalf of AT&T Mobility) Agent: Laura Moonshower
APPLICANT NAME:
J(��ease rint
APPLICANT ADDRESS: 9Q0 Va4�mo t Ln, Suite 100, Westmont , IL 60559
630-590-0562
APPLICANT PHONE NO.: FAX NO:
APPLICANT SIGNATURE:
Date Received: I
Any information not provided regarding
Easement Clearance: proved Denied easement or floodway/plain, which impacts the
decision regarding this application is the
Application:prla 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: 3d PLANNING OFFICIAL:
BLACK&VEATCH
Building a world of difference°
October 23, 2019
VIA FEDERAL EXPRESS DELIVERY
City of Little Rock
Planning and Development Department
723 West Markham Street
Little Rock, AR 72201
501-371-4790
BLACK & VEATCH CORPORATION
900 OAKMONT LANE, SUITE 100
WESTMONT, ILLINOIS 60559
+1630-590-0562 1 MOONSHOWERL@BV.COM
RE: AT&T WCF Application & Fee
Site ID: MROAR025600 RCH_068_1 17489-002
FA #: 14814013 —1511 Pickering Drive
LITTLE ROCK AR 72211
To whom it may concern:
Enclosed please find a check in the amount of $100.00, a WCF Application,
Small Cell Lease Agreement, (4) Site Plans, and Survey.
Please contact me if you have any questions, concerns, or require any additional
information. Thank you very much for your attention to this matter.
Sincerely,
Laura Moonshower
Senior Right of Way Agent
Enclosures Black & Veatch Corporation
SMALL CELL LEASE AGREEMENT
This Small Cell Lease Agreement ("Agreement') is made and entered into as of the Effective Date by and
between Lessor and Lessee.
SUMMARY OF BUSINESS TERMS
Lessor
Rodney Chandler, Trustee of the Rodney Chandler Living Trust dated September 11,
2006
Lessee
New Cingular Wireless PCS, LLC, a Delaware limited liability company
Effective Date
The latest signature date below
Initial Term
Extension Terms
Four (4) automatic extensions of five (5) years each
Rent
Rent Increase
Attachments)
Exhibit 1: Description of Leased Site
Lessor Notice
Address
Rodney Chandler Living Trust
P.O. Box 23712
Little Roc AR 23712
Lessee Notice
Address
New Lingular Wireless PCS, LLC, Attn: TAG -LA; : FA#: 14814013,
Site ID:RCH 068_1 (AR), 575 Morosgo Drive Atlanta, GA 30324
With a copy to the AT&T Legal department:
New Cingular Wireless PCS, LLC, Attn: AT Legal Dept. - Network Operations,
Re: FA#: 14814013, Site ID: RCH_068_1 ( J, 208 S. Akard Street, Dallas, TX 75202-
4206
1. GRANT OF LEASE. Lessor hereby grants Lessee a
lease of a certain portion of Lessor's property shown on
Exhibit 1 to occupy, utilize, replace or upgrade Lessor's
property, structures and utility infrastructure pursuant to
this Agreement ("Leased Site'). Lessee may use the
Leased Site for the transmission and reception of
communications signals, and the construction,
modification, maintenance, operation, repair,
replacement and upgrade of communications equipment
and related improvements ("Equipment'). The
Equipment shown on Exhibit 1, if any, describes the
initial installation only and does not limit Lessee's right
to modify the Equipment. Lessee and its agents shall
have pedestrian and vehicular access twenty-four (24)
hours per day, seven (7) days per week over Lessor's
property from the public right of way to the Leased Site.
Lessor hereby grants to any service company providing
utility or similar services, including electric power and
telecommunications, to Lessee an easement over
Lessor's property, from an open and improved public
road to the Leased Site, and upon the Leased Site, for
the purpose of constructing, operating and maintaining
a utility pole on the Leased Site and such lines, wires,
circuits, and conduits, associated equipment cabinets
and such appurtenances thereto, as such service
companies may from time to time require in order to
provide such services to the Leased Site. Upon Lessee's
or service company's request, Lessor will execute a
separate recordable easement evidencing this grant, at
no cost to Lessee or the service company.
1/31%19 1
2. TERM This Agreement shall commence as of the
Effective Date, and, if not lawfully terminated sooner,
remain in full force and effect for the Initial Term. The
Agreement will automatically extend for the Extension
Terms unless Lessee provides Lessor written notice of
termination at least ninety (90) days prior to the
expiration of the Initial Term or the then applicable
Renewal Term, as the case may be.
3. RENT, BILLING AND PAYMENT. Rent will
commence on the date Lessee starts construction of the
Equipment on the Leased Site, and Lessee shall make
the first payment of the Rent within ninety (90) days
after the parties acknowledge in writing the Rent
commencement date. Rent shall be paid annually on or
before the anniversary of the Rent commencement date.
Rent is for the use of the Leased Site, including the
portion of the property, structures, utility infrastructure
and utility service described on Exhibit 1. Rent increases
by the Rent Increase percentage described above.
4. LESSEE OBLIGATIONS. At its own expense,
Lessee shall erect, install, repair and maintain its
Equipment in safe condition and good repair in
accordance with the requirements and specifications of
all applicable laws, rules and regulations in effect on the
Effective Date. Lessee shall ensure that its employees
and agents which perform work in furtherance of this
Agreement are adequately trained and skilled to perform
the work as required by this Agreement. Lessee will
operate its Equipment in compliance with all FCC
regulations regarding radio frequency interference with
the radio signal transmissions of Lessor and other third
parties in or upon the Leased Site, which transmissions
are operated in compliance with all applicable laws,
rules and regulations.
5. LESSOR OPERATIONS. Lessor will not, nor will
Lessor permit its employees, tenants, licensees, invitees
or agents to cause physical or radio frequency
interference with Lessee's existing Equipment or
Lessee's ability to comply with the terms and conditions
of this Agreement. If Lessee reasonably determines that
such interference is occurring, Lessor will meet and
confer with Lessee within five (5) days of Lessor's
receipt of notice of interference from Lessee, will
diligently work in good faith with Lessee to determine
the cause of the interference, and will develop workable
solutions to resolve the interference in a mutually
acceptable manner. Lessor will not grant after the date
of this Agreement a lease or any right to any third party
if such third party's use may cause physical or radio
frequency interference with Lessee's Equipment,
Lessee's use of the Leased Site, or Lessee's ability to
comply with the terms and conditions of this Agreement.
6. INSURANCE. Lessee shall at its sole expense
maintain the following insurance coverage and limits
during the Term of this Agreement. Workers'
Compensation and Employer's Liability insurance, as
required by statute, with Employer's Liability limits of
$500,000 each accident, $500,000 by disease policy
limits, and $500,000 by disease each employee.
Commercial General Liability insurance written on
Insurance Services Office (ISO) Form CG 00 01 or
equivalent, with limits of $2,000,000 General
Aggregate, $1,000,000 Each Occurrence, $1,000,000
Each Occurrence - Personal Injury and Advertising
Injury, and $2,000,000 Products/Completed Operations
Aggregate. Business Automobile Liability insurance of
$1,000,000 Combined Single Limit for each Accident
for Bodily Injury and Property Damage, extending to all
company owned, leased, and non -owned vehicles.
Lessee may meet the required insurance coverage and
limits with any combination of primary and
umbrella/excess liability insurance. Lessee shall provide
at least thirty (30) days advance written notice of
cancellation or non -renewal of any required insurance
that is not replaced. Notwithstanding the foregoing,
Lessee may self -insure the required insurance under the
same terms and conditions as outlined above.
7. LIMITATION OF LIABILITY.
NOTWITHSTANDING ANY PROVISION OF
THIS AGREEMENT TO THE CONTRARY, IN NO
EVENT SHALL EITHER PARTY BE LIABLE
FOR CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY OR INDIRECT
DAMAGES SUFFERED BY THE OTHER PARTY
OR BY ANY CUSTOMER OR ANY PURCHASER
OF SUCH OTHER PARTY OR ANY OTHER
PERSON, FOR LOST PROFITS OR OTHER
BUSINESS INTERRUPTION DAMAGES,
WHETHER BY VIRTUE OF ANY STATUTE, IN
TORT OR IN CONTRACT, EXCEPT THAT THE
EXPRESS INDEMNIFICATION OBLIGATIONS
MADE BY THE PARTIES IN SECTION 8 OF THIS
AGREEMENT SHALL STILL APPLY.
8. INDEMNIFICATION. To the extent permitted by
applicable laws, each party shall indemnify and defend
the other from and against any and all liabilities,
damages or claims for damage, including but not limited
to all actual and reasonable costs, attorneys' fees, and
other charges and expenditures that the indemnified
party may incur, asserted by third parties against the
indemnified party by reason of the indemnifying party's
negligence, willful misconduct or breach of the terms of
this Agreement, including acts or omissions by the
indemnifying party's agents, contractors, or
subcontractors, except to the extent that such liabilities,
damages or claims are a result of the negligence or
willful misconduct of the indemnified party or by the
indemnified party's agents, contractors, or
subcontractors.
9. DEFAULT AND REMEDIES. It shall be a default
under this Agreement if a party fails to perform any
material term or condition of this Agreement where such
failure continues for a period of more than sixty (60)
days after receipt of written notice from the other party
of a detailed description of such failure to perform.
Notwithstanding the foregoing, no default will be
deemed to exist if a party has commenced to cure the
alleged failure to perform within such sixty (60) day
period, and thereafter such efforts are prosecuted to
completion with reasonable diligence. Delay in curing
an alleged failure to perform will be excused if due to
causes beyond the reasonable control of the party
against whom the failure to perform has been alleged. If
a party does not cure its default as allowed herein, the
party not in default may thereafter elect to pursue any
rights or remedies available at law or in equity.
10. VOLUNTARY TERMINATION. Lessee may
terminate this Agreement for any reason or no reason
without further liability to Lessor at any time prior to the
commencement of construction of the Equipment on the
Leased Site. Lessee may terminate this Agreement after
the Rent commencement date for any reason or no
reason effective upon the later of (i) thirty (30) days'
following written notice to Lessor and (ii) the date of
removal of the Equipment.
11. CASUALTY. In the event of damage to Leased Site
that is reasonably expected to disrupt Lessee's
operations for more than forty-five (45) days, Lessee
may place a temporary facility, if feasible, at a location
equivalent to Lessee's current use of the Leased Site
until such time as the Leased Site is restored and the
Equipment is returned to full operation. If the parties
agree to a permanently relocated Leased Site to be
shown on an amendment to this Agreement, Lessee may
permanently relocate the Leased Site to the new location
1/31/l9 2
Q
and the terms and conditions of this Agreement will
continue to apply to the relocated Leased Site.
12. MISCELLANEOUS.
12.1. Notices. All notices, requests and demands
hereunder will be given by first class certified 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 Lessor
Notice Address and Lessee Notice Address above, as
appropriate. Any party may change its address or other
contact information by giving written notice of such
change to the other. The contact telephone numbers for
day to day operations are: Lessor: 501-413-1691,
Lessee: 1-800-638-2822.
12.2. Memorandum of Lease. The parties agree to
execute, acknowledge and deliver to the other a
recordable Memorandum of Lease for this Agreement
within fifteen (15) business days after receipt of an
accurate and recordable Memorandum of Lease.
12.3. Exhibits. In the event of any inconsistency
between the provisions of this Agreement and any
Exhibits attached hereto, the provisions of this
Agreement shall supersede the provisions of any such
incorporated Exhibits unless such Exhibit specifies
otherwise.
12.4. Survival. The terms and conditions of this
Agreement that by their nature require performance by
either party after the termination or expiration of this
Agreement shall be and remain enforceable
notwithstanding such termination or expiration of this
Agreement for any reason whatsoever.
12.5. Entire Agreement; Amendments. This Agreement
(including the Exhibits hereto) embodies the entire
agreement between Lessor and Lessee with respect to
the subject matter of this Agreement and supersedes all
prior and contemporaneous agreements and
understandings, oral or written, with respect thereto.
Each party acknowledges that the other party has not
made any representations other than those contained
herein. This Agreement may not be amended or
modified orally, but only by an agreement in writing
signed by the Parties.
12.6. Dispute Resolution. The parties will attempt in
good faith to resolve any dispute under this Agreement
through face-to-face negotiations before resorting to
1/31/19
other available remedies. If the matter has not been
resolved within thirty (30) days of the first face-to-face
negotiation session, the parties agree that the dispute
(other than a request injunctive relief) will be resolved
through final and binding arbitration, which shall be the
exclusive remedy. The arbitration shall be conducted in
accordance with the Rules and Procedures of the
American Arbitration Association (if the parties have
not agreed to use a different arbitration process), and
shall be conducted by an arbitrator mutually agreed
upon by the parties. The arbitration shall be held in the
state where the Leased Site is situated. The arbitration
award shall be supported by law and substantial
evidence and judgment upon the award rendered by the
arbitrator may be entered by any court having
jurisdiction thereof. Nothing in this paragraph, however,
shall preclude the parties from seeking injunctive relief
at any time before any court, tribunal or regulatory
agency having jurisdiction.
12.7. WAIVER OF JURY TRIAL. EACH PARTY
WAIVES ITS RIGHT TO A JURY TRIAL ON
DISPUTES ARISING FROM THIS AGREEMENT.
12.8. Waiver'. Severability. No provision of this
Agreement may be waived except in a writing signed by
both parties. The failure of either party to insist on the
strict enforcement of any provision of this Agreement
shall not constitute a waiver of any provision. If any
portion of this Agreement is found to be unenforceable,
the remaining portions shall remain in effect, and the
Parties shall begin negotiations for a replacement of the
invalid or unenforceable portion.
12.9. Confidentiality. Lessor acknowledges that the
terms of this Agreement are confidential, and Lessor
warrants that it will not disclose such terms to any third
party other than Lessor's investors, affiliates,
consultants, professional advisors, lenders or assignees
who are under similar confidentiality provisions as those
contained herein; or with Lessee's prior written consent;
or as required by any applicable laws.
12.10 Execution in Counterpart . This Agreement may
be executed in multiple counterparts, including by
counterpart facsimiles or scanned email counterpart
signature, each of which shall be deemed an original,
and all such counterparts once assembled together shall
constitute one integrated instrument.
[Signatures appear on the next page.]
RE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the Effective
Date.
Rodney Chandl ,Trustee of the Ra Chandler
Living Trust ted September 11, 2006
Y2
l/31/19
4
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
EXHIBIT 1
LEASED SITE
Leased Site address: 2 Chanridge Park Dr. Little Rock, AR 72211
Leased Site poletstructure identification:
Leased Site utility identification: Connections to electrical wiring as shown on the Plans, including usage
of Lessor's electrical service on an unmetered basis.
Lessee Site Identification:
FA / USID: 14814013 / 196074
Site Name: CRAN AROK / WLRCH / RCH 068 1 / MROAR025600 /14814013
Structure Latitude and Longitude (Approximate): 34.767734, -92.407465
Equipment Plans: See the attached plan set dated 07/11 2019 prepared by Black & Veatch consisting of
(10) page(s). Lessee may modify the Equipment at any time as set forth in the Agreement.
Exhibit 1
City of Little Rock
Planning and Development
Ring Fees
=-
Date 3120 15
Annexation
$ w
Board of Adjustment
$
Cond Use PermitlT U $
wcuh
Final Plat
$
Planned Unit Dev
$
Preliminary Plat
$
Special Use Permit
$
Rezoning
$
Site Plans
$
Street Name Change
$
Street Name Signs
Number at ea
$
Public Hearing Signs
Number at ea
$
Total
$ - U�
File No
Locadon
Applicant Z)Alc* k- vc-