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Agenda Item
ASR
Control 20-000099 |
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MEETING DATE: |
08/11/20 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Thomas A. Miller (714) 834-6019 |
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Dylan Wright (714) 480-2788 |
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Subject: Communications Site License
at Salt Creek Beach Park
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: $124,932
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Prior Board Action: 12/5/2000
#30, 6/8/1999 #40 |
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RECOMMENDED ACTION(S):
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1. |
Find that the project is
categorically exempt from the California Environmental Quality Act, Class 1
(Existing Facilities) pursuant to CEQA Guidelines, Section 15301. |
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2. |
Approve and execute the Communications Site License Agreement with STC ONE LLC for a pre-existing wireless facility at Salt Creek Beach Park located at 33333 Pacific Coast Highway, Dana Point, CA, for a ten-year term with two five-year extensions. |
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3. |
Authorize the OC Parks Director, or designee, to perform all activities specified to be performed by the Director in the License; and authorize the Chief Real Estate Officer, or designee, to execute documents necessary for its implementation and subsequent amendments for non-monetary changes and monetary changes that do not increase the costs to the County by more than $50,000 per fiscal year. |
SUMMARY:
Approval of a Communication Site License Agreement with STC ONE LLC for a new license at Salt Creek Beach Park in the City of Dana Point will allow for a rent increase and extension of term.
BACKGROUND INFORMATION:
STC ONE LLC, a Delaware limited liability company (Sprint), by and through Global Signal Acquisitions III LLC, a Delaware limited liability company (Licensee) previously entered into a lease with the County dated November 4, 1999, approved by the Board of Supervisors on June 8, 1999, whereby the Licensee constructed and operated a communications facility for cellular telephone service, including installation of required antennas and antenna support structures, and for other incidental uses. On December 5, 2000, the Parties entered into the First Amendment to the prior Lease, which allowed co-location of AB Cellular Holding, LLC dba AT&T Wireless Services at the site. The rent is currently paying $10,108.00 per month (or $121,296 annually). There is no change in the License Area. County intends to enter into a new communications site license (License) with Licensee to increase the monthly rent and increase the term, with no change to the area being used between the prior Lease and the License.
The License Area is approximately 480 square feet adjacent to Pacific Coast Highway within Salt Creek Beach Park. The initial term of the License is 10 years, with two five-year options to extend the License. The first year's annual rent is $124,932 with three percent annual increases thereafter. Additionally, the Licensee is also paying a one-time $15,000 administrative fee for the cost of negotiating and processing the License.
Licensee has been represented by Crown Castle in its negotiations with the County. Licensee is required to pay for all costs and expenses associated with designing, constructing and installing any and all wireless communication facility improvements, subject to County approval. Any future alterations are subject to additional administrative review and fees if applicable.
Compliance with CEQA: The proposed action is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines, because it involves extending a license on an already existing communications facility.
FINANCIAL IMPACT:
Revenue for this agreement is included in OC Parks Fund 405 FY 2020-21 Budget and will be included in the budgeting process for future years.
Upon the Commencement Date of this License and on or before the first day of each month thereafter, Licensee agrees to pay County Ten Thousand Four Hundred Eleven Dollars as a monthly license fee for the License Area. On the first anniversary of the Commencement Date and every year thereafter, the monthly License Fee shall increase by an amount equal to three percent of the monthly License Fee.
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License Year |
Monthly
License Fee |
License Year |
Monthly
License Fee |
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1 |
$10,411 |
11 |
$13,992 |
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2 |
$10,723 |
12 |
$14,412 |
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3 |
$11,045 |
13 |
$14,844 |
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4 |
$11,376 |
14 |
$15,289 |
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5 |
$11,717 |
15 |
$15,748 |
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6 |
$12,069 |
16 |
$16.220 |
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7 |
$12,431 |
17 |
$16,707 |
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8 |
$12,804 |
18 |
$17,208 |
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9 |
$13,188 |
19 |
$17,724 |
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10 |
$13,584 |
20 |
$18,256 |
In addition to the Monthly License Fee, Licensee shall pay County a one-time administrative fee in connection with the negotiation and processing of this License in the amount of $15,000, payable within 60 days of Licensee’s receipt of the fully executed License. Licensee shall also pay County a Security Deposit in the sum of $15,000 within 60 days of Licensee’s receipt of the fully executed License. County shall not be required to keep this Security Deposit separate from its general funds, and Licensee shall not be entitled to any interest on such deposit.
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OC Community Resources
ATTACHMENT(S):
Attachment A - Communications Site License
Attachment B - Conveyance Questionnaire