HomeMy WebLinkAboutLos Angeles SMSA Limited Partnership dba Verizon Wireless and California Tower, Inc. A Delaware Corporation, "California Tower" - 2007-09-17REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: ED 07-34
Analysis:
Wireless telecommunication carriers have contacted the City to install communications
facilities at various locations throughout the City in order to complete either countywide or
statewide wireless networks. Assigning, co-locating or subleasing of telecommunications
sites is an increasing trend that is occurring.
The existing Master Lease Telecom Agreement between the City of Huntington Beach and
Los Angeles SMSA Limited Partnership dba Verizon Wireless was executed on August 3,
1998. The City currently has two locations under this master agreement one of which is the
Warner Fire Station #7 located at 3831 Warner Avenue which also has an executed license
agreement for this particular location. Copies of these agreements are attached. The Master
Agreement allows an initial five (5) year term with five (5) additional terms of five (5) years
each. The lessee is currently exercising the first renewal option which extends through
December 1, 2008.
On April 14, 2000, Verizon Wireless entered into a sublease agreement with California
Tower, Inc., a Delaware corporation and subsidiary of American Tower Corporation
("sublessee") without the City's consent. The sublease is to manage the property as
described in the Memorandum of Sublease which is included as Exhibit B with the Use
Authorization and Consent Agreement. The lessee, Verizon Wireless, arguably has the right
to sublease per Section 7.01 of the Master Lease Agreement.
California Tower submitted a request to the City for the installation, maintenance, and
operation of a co-location facility in conjunction with the use of the existing tower and existing
leased ground space as set forth in the Master Lease Agreement. California Tower has also
agreed to pay the City fifteen percent (15%) of gross rental revenues received by California
Tower. This would yield approximately $300 per month additional revenue to the City. While
the Master Lease Agreement allows for a sublease, it does not allow the lessee to alter the
agreement without consent of the City. The proposed additional improvements consist of
additional antennas to existing pole and an equipment shelter on the existing leased area.
The proposed improvements will not be a visual impact to the community.
Staff is seeking City Council approval for the co-location of telecommunication improvements
to the existing leased area located at Warner Fire Station.
Strategic Plan Goal: C-2-Provide quality public services with the highest professional
standards to meet community expectations and needs, assuring that the city is sufficiently
staffed and equipped overall.
Environmental Status: Not applicable.
-2- 8/30/2007 10:27 AM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/17/2007 DEPARTMENT ID NUMBER: ED 07-34
Attachment(s):
City Clerk's
Page Number
1
No.Description
1.Use Authorization and Consent A•reement.
2.Master Communications Site Lease Agreement between the City of
Huntington Beach and Los Angeles SMSA Limited Partnership dated
Au•ust 3, 1998.
3.Site License Agreement for Warner Fire Station #7 executed on
December 3, 1998.
4.Certificates of Insurance.
-3- 813012007 10:23 AM
ATTACHMENT #1
USE AUTHORIZATION AND CONSENT AGREEMENT
THIS USE AUTHORIZATION AND CONSENT AGREEMENT ("Agreement") is
made and entered into this /2 71/ day of n....S!7aTEAV3E, , 200 (the "Effective Date") by
and between THE CITY OF HUNTINGTON BEACH ("Lessor"), and CALIFORNIA TOWER
Inc., a Delaware corporation, ("California Tower").
RECITALS
WHEREAS, Lessor and Los Angeles SMSA Limited Partnership ("Lessee"), entered into that
certain Master Communications Site Lease Agreement (the "Prime Lease Agreement") dated August 3,
1998 whereby Lessee obtained the right to use certain real property (the "Property") from Lessor, as
more fully described on Exhibit "A" attached hereto, for the purpose of constructing, maintaining and
operating a mobile communications facility (the "Communications Facility"), and uses incidental
thereto, together with certain easements for access and utilities; and
WHEREAS, Lessee and California Tower Inc., entered into a sublease agreement to manage
certain wireless communications facilities from Lessee and thereafter to engage in the active co-location
of other wireless communications providers. In particular the sublease was to manage the Property as
more fully described in that certain Memorandum of Sublease attached hereto as Exhibit "B". To the
best of Lessor's knowledge, this sublease was made and entered into without the consent of Lessor.
California Tower makes no representation as to whether Lessee obtained or did not obtain consent, nor
does California Tower make a representation as to whether consent was required.
WHEREAS, California Tower is in the business of managing wireless communications towers
and subleases from Lessee all or any portion of the Property, together with said easements for access
and utilities and certain space on Lessee's tower structure located on the Property, and thereafter to
engage in the active co-location of other wireless communications providers which may include
licensees, customers and/or sublessees ("Sublessee's Tenants") on Lessee's tower; and
WHEREAS, in furtherance of California Tower's business California Tower desires to erect,
construct, install, maintain and/or operate telecommunications antennae and related equipment in
conjunction with the use of the tower and appurtenant ground space by Sublessee's Tenants and Lessor
consents to the sublease to California Tower and further to California Tower's additional use as set forth
in this Agreement; and
WHEREAS, California Tower desires to use the Property consistent with the general purposes
set forth in the Prime Lease Agreement, and California Tower further desires to use the Property in such
manner consistent with the nature and type of use permitted by the Prime Lease Agreement but not
otherwise authorized thereby,
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, Lessor and California Tower hereby agree and contract as follows:
1. Acknowledgement of Prime Lease Agreement and Application of Terms. To the best of
Lessor's knowledge, the Prime Lease Agreement is in full force and .effect and neither the Lessor nor
Lessee is in default thereunder. The foregoing sentence does not contemplate any legal issues that may
be implicated when Lessee entered into a Sublease Agreement with California Tower. California tower
07-799/12460 1
and Sublessee's Tenants shall be fully bound by the terms and provisions of the Prime Lease Agreement
except as expressly authorized by this Agreement.
2. Sublessee's Authorized Use. Lessor hereby authorizes and consents to the following use of the
Property by California Tower and Sublessee's Tenants:
(a)Lessor and California Tower hereby agree and acknowledge that California Tower may
sublease all or any part of the Property including, but not limited to, ground space and tower space, to
additional wireless communications carriers, without limitation, which carriers shall be allowed to use
the easements for ingress, egress, regress and utilities, all of the foregoing without the further consent of
Lessor except as set forth in the Prime Lease Agreement. Lessor acknowledges, and hereby consents to,
such additional use of the Property. California Tower acknowledges that pursuant to the terms and
conditions of its sublease with Verizon that California Tower is authorized by Verizon to enter into
additional subleases to use Lessee's Facility. Lessor hereby agrees that any use of the Property by
California Tower or Sublessee's Tenants consistent with the terms of this Agreement shall not render
either Lessee, California Tower or any of Sublessee's Tenants thereof to be in default under the terms of
the Prime Lease Agreement or to be in breach thereof.
(b)California Tower may use the Property, and Lessor consents to the use of the Property, for
the construction, operation, maintenance, demolition, reconstruction, restoration or replacement of a
multi-use communications facility and uses incidental thereto, which facility may consist of such
buildings as are necessary to house communications equipment, as determined by California Tower now
or in the future to meet the needs of California Tower or the needs of Sublessee's Tenants, and all
necessary appurtenances: a security fence of chain link or comparable construction which may be placed
around the outside of the perimeter of the Property, or additional improvements at any time during the
Term of this Agreement as defined herein below and so long as said uses or improvements are
constructed in compliance with the Prime Lease Agreement. Any additional equipment installed must
be within the existing Property and California Tower may not "stack" equipment without prior written
consent of Lessor. California Tower may not construct any additional tower(s) on the Property without
prior written consent of Lessor.
3. Term. This Agreement shall commence on the Effective Date specified herein above and shall
only be binding and effective upon the parties for that period of time including any renewal, option or
extension terms during which the Prime Lease Agreement is in effect, or for such other periods of time
subsequently agreed to by the parties.
4. Consideration. In consideration for Lessor authorizing California Tower to use the Property
pursuant to paragraph 2 herein above, and for rights and benefits otherwise conferred to California
Tower by the terms of this Agreement, California Tower hereby agrees to pay the Lessor, fifteen percent
(15%) of each additional sublease of gross rental revenues received ("Percentage Rent") by California
Tower, for Sublessee's Tenant(s) commencing on the date a notice to proceed is issued to Sublessee's
Tenant(s) which may install upon the tower site in the future. If at any time Sublessee's Tenant(s) shall
cease its tenancy, the consideration paid to Lessor shall be reduced proportionately. California Tower
shall not be subject to pay Lessor Percentage Rent for Sublessee's Tenant(s) which may be on the Site
prior to the Effective Date of this Agreement, including Lessee.
5. Indemnification. California Tower shall indemnify and hold Lessor harmless against any claim
of liability or loss resulting from or arising out of this Consent Agreement including any claims made by
Verizon against Lessor for breach, the use and occupancy of the Property by the California Tower and
07-799/12460 2
the California Tower's servants, employees, or agents, excepting, however, such claims or damages as
may be due to or caused solely by acts of the Lessor, its servants, employees, or agents.
6.Government Approvals. This Agreement is conditioned upon California Tower receiving all
applicable governmental permits and approvals, including any conditions of approval thereto, enabling
California Tower to construct and operate California Tower's Facilities. The installation, operation and
maintenance of communications facilities on the Property are subject to all ordinances and regulations
of general application now in effect or subsequently enacted including, but not limited to those
concerning encroachment permits, business licenses, zoning and building. Lessor shall fully cooperate
with California Tower and Sublessee's Tenants' efforts to obtain and maintain in effect all governmental
approvals. Lessor irrevocably authorizes California Tower, Sublessee's Tenants and their agents to file
applications as Lessor's agent with governmental authorities, which applications relate to California
Tower's and Sublessee's Tenants' intended use of the Property, including but not limited to, land use
and zoning applications. California Tower shall perform all other acts and pay all reasonable expenses
necessary to obtain any approvals deemed necessary by California Tower.
7.Automatic Termination of Agreement. During the Term hereof, this Agreement shall
automatically terminate immediately upon the termination of the Prime Lease Agreement, for any
reason (including without limitation the Lessee's or California Tower's failure to cure any default
pursuant to the terms of the Prime Lease Agreement as the Lessee's managing agent within the cure
periods set forth therein).
8.Miscellaneous Provisions. This Agreement may be executed in several counterparts, each of
which shall constitute an original and all of which shall constitute the same Agreement. Any terms used
herein and not otherwise defined in this Agreement shall have the same meaning set forth in the Prime
Lease Agreement for said terms. If any term, covenant, condition or provision of this Agreement or
application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
9.Estoppel. Each party agrees to furnish to the other, within thirty (30) days after request, such
estoppel information as the other may reasonably request.
10.Notices. Any written notice or required submittals, given under the terms of this Agreement,
shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party
concerned as follows:
TO CALIFORNIA TOWER:
California Tower
do American Tower
ATTN: Land Management
10 Presidential Way
Woburn, MA 01801
nd
2 Copy To California Tower:
California Tower
do American Tower
ATTN: Legal
116 Huntington Ave.
Boston, MA 02116
TO LESSOR:
City of Huntington Beach
ATTN: Director of Economic Development
2000 Main Street
Huntington Beach, CA 92648
Phone: (714) 536-5582
07-799/12460
3
CALIFORNIA TOWE
a Delaware Co
Jason D rirsch
Vice j sident, Land Management
print name
ia cer
Seeretopy—T-rtastrrer 5 COI co_ VICE. Tiegs t -peorri
-LEASt c= Of)eg-Pertc:44&
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ITS: (circle one)
Exhibit A Property Description
Exhibit B Memorandum of Sublease
lopment
07-799/12460 4
Lessor or California Tower may from time to time designate any other address for this purpose by
written notice to the other party. Lessor acknowledges that any notice to Lessee must be served in
accordance with the Primary Lease Agreement.
10. City Staff. The Real Estate Services Manager, or his designee, shall be City's Contract
Administrator for this Agreement and all approval and notices required to be given herein shall be so
directed and addressed.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day first above
written.
American Tower Management, LLC
Assistant Secretary's Certificate
The undersigned, being the sole member and manager of American Tower
Management LLC, a Delaware limited liability company (the "Company"), do hereby
certify that pursuant to the Company's Delegation of Authority Policy, Jason D. Hirsch,
Vice President, Land Management, has been granted the authority to sign any contracts,
agreements or other documents to be executed relating to ownership, operation,
management, licensing, or leasing or telecommunications antennae sites on behalf of the
Corporation and its subsidiaries including, but not limited to, management agreements,
consulting agreements, settlement agreements, release agreements, assignments,
estoppels, certificates, deeds and any amendments to such documents, provided however,
that any such agreement and documents shall relate to transactions in an amount not to
exceed $100,000 per year.
IN WITNESS WHEREOF, the undersigned sole member and manager has
executed this certificate, dated the 7th day of March, 2007.
American Towers, Inc
Sole member and manager
Michael C. To id
Sr. Vice President &
Assistant Secretary
#14368
AMERICAN TOWER'
CORPORATION
American Tower Corporation
Assistant Secretary's Certificate
I, the undersigned, being the duly elected Assistant Secretary of American Tower
Corporation (the "Corporation"), a Delaware corporation, do hereby certify that Steven
0. Vondran, Senior Vice President, LAPM, has been granted the authority pursuant to,
and in accordance with, the Corporation's Delegation of Authority Policy to execute any
contract, agreement or other document relating to the ownership, operation, management,
licensing, or leasing or telecommunications antennae sites on behalf of the Corporation
and its subsidiaries including, but not limited to, any management agreement, consulting
agreement, settlement agreement, release agreement, assignment, estoppel, certificate or
deed, or any amendment of any of the forgoing; provided, however, that the annualized
impact of any such agreement, document or amendment shall not exceed one hundred
thousand and m/i . dollars ($100,000.00).
IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary this
25th day of June 2007.
116 Huntington Avenue, 11th Floor • Boston, MA 02116 • 617.375.7500 Office • 617.375.7575 Fax • www.americantowercom
07-799/12460 5
Signature
Notary Public:
My Commission Expi s: 9/6
WITNESS my hand and official seal
LESSOR NOTARY BLOCK
STATE OF CALIFORNIA
) ss:
COUNTY OF
On before me, , personally
(here insert name and title of the officer)
appeared , personally known to me (or proved to me on
Name(s) of Document Signer(s)
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which they person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature
Notary Public
My Commission Expires:
CALIFORNIA TOWER NOTARY BLOCK:
STATE OF MASSACHUSETTS
) ss:
COUNTY OF MIDDLESEX
On 7-0467- before me,
, personally appeared
(here insert name and title of the officer)
Jason D. Hirsch, Vice President, Land Management, California Tower, Inc., a Delaware
Name(s) of Document Signer(s)
corporation personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which they person(s) acted,
executed the instrument.
My Commission Expi s: Tao
CALIFORNIA TOWER NOTARY BLOCK:
STATE OF MASSACHUSETTS
) ss:
COUNTY OF MIDDLESEX
On 17/01401 before me,
, personally appeared
(here insert name and title of the officer)
Steven 0. Vondran, Senior Vice President, Leasing Operations, California Tower, Inc., a
Name(s) of Document Signer(s)
Delaware corporation personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which they person(s) acted, executed the instrument.
EXHIBIT "A"
(Legal Description of the Property)
LEGAL DESCRIPTION OF LESSORS PROPERTY
The Lewes properly of which thendsa are a pat is lese gy deectited a$ SZOWE
THAT PORTION OF THE EASTERLY 50 ACRES Of FRACIDNAL NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 30. TOWNSHIP $ SOUTH, RANGE 11 WEST,
S. EL B. & M., PARTLY IN THE RANCHO LA BOLSA CHICA, COUNTY OF ORANGE,
STATE OF CALIFOR,NIA, BEING ALSO. A PORTION OF TIDE LAND LOCATION NO
221 RECORDED APRIL 4, 1903 IN BOOK 1, PAGE 205 or PATENTS OF ORANGE
COUNTY, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL AND
DESCRIBED IN THE DEED TO SUNSET LAND AND WATER COMPANY, RECORDED
JANUARY 6, 1922 IN 1300K 411, PAGE 570P DEEDS, SAID CORNER BEING LOCATED
20 CHAINS SOUTH AND 54.111 CHAINS WEST OF THE SOUTH QUARTER CORNER OF
SECTION 20, TOWNSHIP 3 SOuTH, RANGE II WEST, S. a B. M., S AID CORNER
BEING N THE CETERLTHE OF LOS rAros AVENUE 60 FEET WIDE, AS DESCRIBED
IN THE DEED TO 'ME COUNTY OF ORANOE, RECORDED TUN E 17, 1901 IN BOOK 71,
PAGE 16 OF DEEDS; THENCE NORTH 69°45" EAST $0 FEET ALONG THE CENTERLINE
OF SAID LOS PATOS AVENUE', THENCE AT RIGHT ANGLES TO SAID LOS PATOS
AVENUE, NORTH 00°14 WEST 330 FEEL; THENCE PARALLEL TO AND DISTANT 330
FEET FROM SAID CENTERLINE OF LOS PATOS AVENUE, SOUTH tro' WEST 307.48
FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEST LINE OF THE
LAND DESCRIBED IN THE ABOVE MENT/ONED DEED RECORDED N BOOR 411,
PAGE 57 OF DEEDS; THENCE SOUTH 3rt V 45* EAST 41856 FEET, MORE OR LESS,
ALONG SAID NORTHEAST SIDE LINE OF SAID LAND, TO THE PONT OF
BEGINNING.
nem" THEREFROM ANY ?OR
SOUTHERLY 1320 FEET
SOUTHERLY OF A. LINE PARALLEL
NORTH LINE OF SAID SECTION 30.
07-799/12460
Exhibit B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
California Tower, Inc.
100 Regency Forrest Dr., Suits 400
Cary, North Carolina 27511
Recorded in Official Records, County of Orange
Gary Granville, Clerk-Recorder
11111111111111111111111111111111111111411112.00
20000645464 04-09pm 11128100
107 23 M13 4 •
0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00
Attn: Property Management/West Region
APN No 178-651-006
(Space above this line for Recorder's use)
MEMORANDUM OF SUBLEASE
This MEMORANDUM OF SUBLEASE, made and entered into as of this) ay of Aug,us 2000 by and between
Los Angeles SMSA Limited Partnership, dba Verizon Wireless ("Sublessor) and California Tower, Inc., a Delaware
corporation ("Sublessee").
1.Pursuant to (i) Site Designation Supplement No. 230, effective 08/15/2000, and (ii) the terms and conditions
of that certain Sublease entered into by and between Sublessor and Sublessee (and the other parties identified
therein) on 8/15/2000, which are incorporated herein by reference and collectively referred to as "Sublease
Documents", Sublessor subleased to Sublessee the Subleased Property (as defined in the Sublease
Documents).
2.The Subleased Property is a portion of the real property commonly Known as PV. # 230, Site Name: BOLSA
BEACH and is more specifically described in Schedule 1 attached hereto and made a part hereof by this
reference.
3.Notices with respect to the Sublease Documents shall be, in addition to the notice address in the Sublease,
directed as follows:
To Sublessor:
Los Angeles StvlSA Limited Partnership
Attn: Property Management
3 Park Plaza
Irvine, CA. 92614-8538
Phone: (949) 222-7612
To Sublessee:
California Tower, Inc.
Property Management/West Region
100 Regency Forrest Dr., Suite 400
Cary, North Carolina 27511
Phone: (888) 498-3567
75
4. In the event of any conflict between this Memorandum of Sublease and the Sublease Documents, the terms of
the Sublease Documents shall control. The term of the underlying lease does
not exceed 35 years.
IN WITNESS WHEREOF, Sublessor and Sublessee have duly executed this Memorandum of Sublease as of the day and
year first above written.
SUBLESSOR:
Los Angeles SMSA Limited Partnership.
dba Verizon Wireless
by AirTouch Cellular, a California
corporation, its General P rtner
By:
Name: Robert F. Swaine
SUBLESSEE:
California Tower, Inc., a Delaware corporation
By: g 6</ 6.ga2J
Name: Ralph W. Depplsch
Title: Vice President, General Manager Western Reg
Title: Area Vice President, Area Network (Southwest)
P.V.#: 230, Site Name: BOI.SA EAC. I
SpectraSite Site ID: A-0124
APN: 118-651-006
SCHEDLTLE 1
DESCRJPTION OF SUBLESSOR'S PROPERTY INTEREST
The Sublessor's property interest (of which the Subleased Property is a part) is described,
depicted, designated and/or shown as follows:
SEE SCHEDULE 1.1 ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE.
P.V. 4k 230, Site Name: DOLSA BEACH
SpectraSite ID: CA-0124
SCHEDULE 1.1
* The Sublessor's property interest is:
all that real property, or
a portion of the real property
located in the State of California, County of Orange, described as follows:
THAT PORTION OP THE EASTERLY 50 ACRES OF FRACTIONAL NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 30, TOWNSHIP 5 sotrm. RANGE 11 WEST, S. B. 13, & M., PARTLY IN THE RANCHO LA BOLSA CHICA,
COUNTY OF ORANGE., STATE OF CALIFORNIA, BEING ALSO A PORTION OF TIDE LAND LOCATION NO. 221
RECORDED APRIL 4, 1901 IN BOOK 1, PAGE 205 OF PATENTS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO
SUNSET LAND AND WATER COMPANY, RECORDED JANUARY 6, 1922 IN BOOK 411, PAGE 57 OF DEEDS, SAID
CORNER BEING LOCATED 20 CHAINS SOUTH AND 54.81 CHAINS WEST OF THE SOUTH QUARTER CORNER OF
SECTION 20, TOWNSHIP 5 SOUTH. RANGE II WEST, S. B. B. & M.. SAID CORNER BEING IN THE CENTERLINE OF
LOS PATOS AVENUE 60 FEET WIDE, AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE. RECORDED
JUNE 17, 1901 IN BOOK 71, PAGE 16 OF DEEDS; THP.NCE NORTH 89° 45 EAST 50 FEET ALONG THE CENTERLINE
OF SAID LOS PATOS AVENUE; THENCE AT RIGHT ANGLES TO SAID LOS PATOS AVENUE, NORTH 00° 14' WEST
330 FEET: THENCE PARALLEL TO AND DISTANT 330 FEET FROM SAID CENTERLINE OF LOS PATOS AVENUE.
SOUTH 89" 45' WEST 307.48 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEAST LINE OF THE
I ,AND DESCRIBED IN THE ABOVE MENTIONED DEED RECORDED IN BOOK 411, PAGE 57 OF DEEDS; THENCE
SOUTH 38° 11' 45" EAST 418.56 vmmT, MORE OR LESS, ALONG SAID NORTHEAST SIDE LINE OF SAID LAND, TO
THE, POINT OF BEGINNING. EXCEPT THEREFROM ANY PORTION LYING SOUTHERLY OF A LINE PARALLEL WITH
AND SOUTHERLY 1320 FEET FROM THE NORTH LINE OF SAID SECTION
* In the event of any conflict between the property description contained in the primary
document (as -may be amended) vesting Sublessor with its rights, title and interests in and to a
particular property, and a description of that property contained in some other document, then the
description contained in such primary document (as may be amended) shall govern and control.
P.V. #:230, Site Name: Balsa Beach
SpectraSite ID CA-0124
MARY M. HOLLAND
Commimslon # 1119894
Motor/ Public - Calitarda F
Orange County —
mr Corm. Exptes Dec 15.21X0
WITNESS my hand and official seal.
[Sealf-r. -
STATE OF CALIFORNIA
COUNTY OF ORANGE
On ?-/C4'66 , before me, Mary M. Holland, Notary Public,
personally appeared Robert F. Swaine, personally known to me (Qr-pr-eved-to-me-on-the-
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her-41464 authorized capacitykies), and that by hiso gler41164 signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
STATE OF CALIFORNIA
) ss.
COUNTY OF ORANGE
On 1V--) ICI 7100 , before me, Chad Macy, Notary Public, personally
appeared Ralph W7Deppisch, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/11614144F
authorized capacity(-ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
‘3411644'4'6'fi 411*S?
.7r (_7071r:iissif.:11 Al '1-4
Signature:
CHAD MACY
•tommission # 1214104
Wary Pub110- California
Prange Couniy r
lietyCorrinarcAre.3Mor27,2Xe
, . ..113P•gux.erns.Fmtoft1m111PgriamE9n7Pvl
WITNESS my hand and official seal.
ATTACHMENT #2
40 •Jo t'I Oi
MASTER COMMUNICATIONS SITE LEASE AGREEMENT
BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
LOS ANGELES SMSA LIMITED PARTNERSHIP
THIS MASTER COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") is
entered into this3X1) of 11X 216 r 199 by and between LOS ANGELES SMSA
LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP ("Lessee") and THE -
CITY OF HUNTINGTON BEACH. A MUNICIPAL CORPORATION ("Lessor").
The parties hereto agree as follows:
ARTICLE 1- TERM OF LEASE
Section 1.01 Premises
Lessor owns the real property described in a) each Schedule ("Schedule") executed hereunder by
the parties and h) Exhibit "A" attached hereto or referenced in each such Schedule. Subject to
the following terms and conditions, Lessor leases to Lessee that portion of Lessor's Property
("Lessor's Property") depicted in Exhibit "B" of each Schedule (the "Premises"). Each Schedule
executed hereunder shall be substantially in the form of Attachment I.
Section 1.02 Use
The Premises may be used by Lessee for provision of telecommunications services (cellular
services), including the transmission and the reception of radio communication signals on
various frequencies and the construction, maintenance and operation of related communications
facilities.
Section 1.03 Condition Precedent
The installation, operation and maintenance of communications facilities on the Premises is
subject to all ordinances and regulations of general application now in effect or subsequently
enacted including, but not limited to those concerning encroachment permits, business licenses.
zoning and building_ This lease is contingent upon Lessee or Lessee's assign obtaining all
governmental permits and approvals enabling Lessee, or its assigns, to construct and operate
mobile/wireless communications facilities on the Premises. Lessee agrees that any additions or
new construction to the Premises previously permitted must be re-reviewed and approved by
Lessor prior to the addition or construction taking place.
SPS -PCD Agrtc NiSTICOMM
RLS 97-997
7728/9R -
Section 1.04 Term
The term of the Lease for the Premises (-Term") shall be for five (5) years commencing with the
issuance of a local building permit allowing Lessee to construct its cellular communications
facilities on the Premises, or upon the Commencement Date as set forth in each Schedule,
whichever is earlier. Unless otherwise agreed to in the applicable Schedule, Lessee shall have
the right to extend the Term of the Lease for the Premises for five (5) additional terms ("Renewal
Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions set
forth herein. The term of the Lease shall automatically be extended for each successive Renewal
Term unless Lessee notifies Lessor or Lessor notifies Lessee in writing of either party's intention
not to extend at least thirty (30) days prior to the expiration of the original Term or Renewal
Term.
Section 1.05 Rent/Consideration
(a)Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of one
thousand two hundred and fifty dollars ($1 ,250) per month ("Rent") for each individual
Schedule. Rent shall be payable on the first day of each month, in advance, to Lessor at City of
Huntington Beach, Accounts Receivable, 2000 Main Street, Huntington Beach. CA 92648. If
the Commencement Date is other than the first day of a calendar month, Lessee may pay on the
first day of the Term, the prorated Rent for the remainder of the calendar month in which the
Term commences. Thereafter, Lessee shall pay a full month's Rent on the first day of each
calendar month, except that payment shall be prorated for the final fractional month, or if a
Schedule is terminated, before the expiration of any month for which Rent should have been
paid.
(b)For any Renewal Term, Lessee shall pay the then current Rent, increased by any
percentage increase which occurred in the Consumer Price Index (All Items, Base 1982-84 =
100)-as published by the United States Department of Labor Bureau of Labor Statistics, for All
Consumers for the Los Angeles, Anaheim, Riverside Metropolitan Statistical Area during the
preceding five (5) year period. Such increase shall not exceed twenty-five percent (25%) of the
Rent during any Renewal Term
ARTICLE 2- TAXES AND UTILITIES
Section 2.01 Personal Property Tax
Lessee shall pay before they become delinquent all tax assessments or other charges levied or
imposed by any government entity on Lessee's Facilities. If such taxes are not assessed
separately to Lessee. Lessor shall provide Lessee with evidence, reasonably acceptable to Lessee,
of such tax assessment and the amount due.
2
SF7s:PCD-Agrce.kistrcomm
RLS 97-997
7128198 - k2
Section 2.02 Real Property Taxes
Lessee shall reimburse Lessor for that portion of any increase in real property taxes, which is
based upon Lessee's improvements to the Premises. As a condition of Lessee's obligation to pay
such tax increase, Lessor shall provide to Lessee the documentation from the taxing authority,
reasonably acceptable to Lessee, indicating the increase is due to Lessee's improvements. Lessee
shall reimburse Lessor for any increases in real property taxes that are assessed as a direct result
of Lessee's improvements to Lessor's Property. As a condition of Lessee's obligation to pay such
tax increases, Lessor shall provide to Lessee the documentation from the taxing authority
reasonably acceptable to Lessee and showing that the increase is due to Lessee's improvements.
Section 2.03 Possessory Interest Tax
By entering into this Lease, Lessor hereby gives notice to Lessee that pursuant to Revenue and
Taxation Code §107.6, this Lease may create a possessory interest which, if created, may be
subject to property taxation and that Lessee may be subject to payment of property taxes levied
on such interest.
Section 2.04 Utilities
(a)Lessee shall pay for all utilities furnished to the Premises for the use, operation
and maintenance of Lessee's Facilities during the Term of this Lease, or any extension thereof;
and for the removal of garbage and rubbish from Premises during the Term of this Lease, or any
extension thereof. Lessee shall hold Lessor harmless from all charges.
(b)Lessee shall have the right to install underground utilities, at Lessee's expense,
and to improve the present utilities on or near the Premises and the installation of aboveground
emergency back-up power. Subject to Lessor's approval of the locations, which approval shall
not be unreasonably withheld, Lessee shall have the right to place underground utilities on
Lessor's Properties in order to service the Premises and Lessee's Facilities. Upon Lessee's
request, Lessor shall execute easement(s) evidencing this right. Where an easement is required
beyond the lease hold area, Lessee shall compensate the Lessor for the easement rights.
ARTICLE 3 - IMPROVEMENTS AND ACCESS
Section 3.01 Lessee's Facilities
(a ) Lessee shall have the right at any time following the full execution of this Lease
to enter each of the Premises for the purpose of making necessary inspections, engineering
surveys (and soil tests where applicable) and other reasonably necessary tests (collectively
"Tests") to determine the suitability of each of the Premises for Lessee's Facilities (as defined
herein) and for the purpose of preparing for the construction of Lessee's Facilities. During any
Tests or pre-construction work, Lessee will have insurance as set forth in Section 5.03 Insurance,
and will notify Lessor of any proposed Tests or pre-construction work and will coordinate the
scheduling of same with Lessor_ If Lessee determines that the Premises are unsuitable for
Lessee's contemplated use, then Lessee will notify Lessor and the applicable Schedule will
terminate thirty (30) days thereafter.
3
SF/s PCD Agter Mstrcomrn
RLS 97-997
7128198 - W2
•
(b)Lessee has the right to construct, maintain and operate on the Premises radio
communications facilities, including radio frequency transmitting and receiving equipment,
batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas
and supporting structures and improvements ("Lessee's Facilities"). In connection therewith,
Lessee, after approval of the Lessor, through the appropriate permit or approval process, has the
right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's
communications operations and to install underground utility lines and transmission lines
connecting antennas to transmitters and receivers. Lessee shall permit Lessor, at no charge and
through separate agreement with the Lessee, to attach equipment to the receiver or transmitter
pole for Lessor's exclusive use so long as Lessor's equipment does not interfere with Lessee's
Facilities. Lessee's approval of such attachments shall not be unreasonably withheld.
All of Lessee's construction and installation work shall be performed at
Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's
Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee. All of
Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessee has the right
to remove all Lessee's Facilities at its sole expense on or before the expiration or termination of
the applicable Schedule; provided that Lessee shall repair any damage to the Premises caused by
such removal and will leave the Premises in satisfactory condition as approved by the Lessor.
Upon termination of this Lease, removal of poles where Lessor's equipment is installed shall
occur only with Lessor's consent. In all other cases, Lessee shall be required to remove all its
facilities, inctuding foundations_
(c)Lessor shall provide access to the Premises to Lessee, and its employees, agents,
contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as
designated in permit approvals, at no charge to Lessee_ Lessor represents and warrants that it has
full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to
the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises.
Lessee's exercise of such rights shall not cause undue inconvenience to Lessor.
(d)Lessee shall, at its sole cost and expense, maintain and repair its Facilities.
Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a
manner sufficient to allow access. Lessor shall be responsible for maintaining and repairing such
roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways_
If Lessee causes any such damage, it shall properly repair same as specified by Lessor.
(e)Upon the expiration or termination of the applicable Schedule, Lessee shall
surrender the Premises to Lessor in good and broom clean condition, Jess ordinary wear and tear,
and as approved by the Lessor.
4
SF/s: PC D: A gm c: suc m
RLS 97-997
2128/98 - 02
Section 102 Liens
(a)Lessee will not permit any mechanics' or materialmens' or other liens to stand
against the Premises for any labor or material furnished to Lessee in connection with work of any
character performed on said Premises by or at the direction of Lessee. However, Lessee shall
have the right to contest the validity or amount of any such hen but, upon the final determination
of such questions, shall immediately pay any adverse judgment rendered with all proper costs
and charges and shall have the lien released at its own expense. If Lessee desires to contest any
such lien, then prior to commencing such contest, it will furnish Lessor with a bond, if requested,
to secure the payment of such obligation.
(b)Lessor waives any lien rights it may have concerning the Lessee's Facilities.
ARTICLE 4- INTERFERENCE
Section 4.01 Installation
(a)During the installation of Lessee's Facilities, Lessee shall cooperate with the
City of Huntington Beach's Public Safety Communication Systems Group, which shall monitor
the installation of Lessee's Facilities.
(b)Lessee's Facilities shall not disturb the communications configuration
equipment and frequency that exist on the Lessor's Property on the commencement date of
operation of Lessee's Facilities. Lessee's operations shall not interfere with any of Lessor's
communications operations on a citywide basis, either current or future. All operations by
Lessee shall be lawful and in compliance with all Federal Communications Commission ("FCC")
requirements. Lessor shall not permit the use of any portion of Lessor's Property by any third
party subsequent to the installation of Lessee's Facilities on the Premises which interferes in any
way with the communications operation of Lessee, provided that if the third party's
communications operation were installed prior to Lessee's Facilities, then Lessee's Facilities
shall not interfere with the third party's communications operations.
(c)Subsequent to the installation of the Lessee's Facilities, Lessor and the Lessee
shall notify the other party thirty (30) days prior of the use or installation of any equipment on
Lessor's Property which may interfere with Lessee's or the Lessor's facility or its equipment.
(d)If Lessor or the Lessee breaches its obligations under this paragraph, the party
breaching its obligations, upon receiving notice from the other party of any such breach shall
take all steps necessary to correct and eliminate such interference If the Lessee breaches its
obligation, the Lessee shall without limitation modify its equipment and/or antennas or remove
their equipment and/or antennas from any facilities or towers. If the Lessee cannot correct such
harmful interference within fifteen (15) days, the Lessor shall have the right, in addition to any
other rights that it might have at law or in equity, to terminate the applicable Schedule. Upon
such termination, Lessor shall return any unearned Rent to Lessee.
5
srk rev Agree Nistrromm
RI_S 97-997
7/28i98 - #2
If the Lessor breaches its obligation, the Lessor shall without limitation, enforce provisions in
any license or other agreement between Lessor and the persons or entities causing such harmful
interference, pursuant to which Lessor may compel such persons or entities to cease operation,
modify their equipment and/or antennas, or remove their equipment and/or antennas from any
facilities or towers owned or leased and/or managed by Lessor on the Lessor's Property. If
Lessor cannot correct such harmful interference within fifteen (15) days, Lessee shall have the
right, in addition to any other rights that it may have at law or in equity, to terminate the
applicable Schedule. Upon such termination, Lessor shall return any unearned Rent to Lessee.
ARTICLE 5 - INDEMNITY AND INSURANCE
Section 5.01 Indemnification, Defense, Hold Harmless
Lessee hereby agrees to protect, defend, indemnify and hold and save harmless Lessor, its
officers, and employees against any and all liability, claims, judgments, costs and demands,
however caused, including those resulting from death or injury to Lessee's employees and
damage to Lessee's property, arising directly or indirectly out of the obligations or operations
herein undertaken by Lessee, including those arising from the passive concurrent negligence of
Lessor, but save and except those which arise out of the active concurrent negligence, sole
negligence, or the sole willful misconduct of Lessor. Lessee will conduct all defense at its sole
cost and expense. Lessee shall reimburse lessor for all costs or attorney's fees incurred by Lessor
in enforcing this obligation.
Section 5.02 Workers' Compensation Insurance
(a)Pursuant to California Labor Code Section 1861, Lessee acknowledges
awareness of Section 3700 et seq of said code, which requires every employer to be insured
against liability for workers' compensation; Lessee covenants that it will comply with such
provisions as required.
(b)Lessee shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to Lessor.
(c)Lessee shall require all subcontractors to provide such Workers' Compensation
Insurance for all of the subcontractors' employees. Lessee shall furnish to Lessor a certificate of
insurance evidencing a waiver of subrogation under the terms of the \Workers' Compensation
Insurance and Lessee shall similarly require all subcontractors to waive subrogation.
6
S1i5.PCD Agrcc Moreomm
RL-S 97-997
7128198 - N2
•
Section 5.03 insurance
Lessee shall carry at all times incident hereto, on all operations to be performed hereunder,
general liability insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability. Said insurance shall also
include automotive bodily injury and property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to Lessor for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non-owned vehicles. Said insurance shall name the Lessor, its officers, agents and
employees as Additional Insureds. Lessee shall subscribe for and maintain said insurance
policies in full force and effect during the life of this Agreement, in an amount of not less than
One Million Dollars (S1,000,000) combined single limit coverage. If covera g e is provided under
a form that includes a designated general aggregate limit, such limit shall be no less than One
Million Dollars ($1,000,000). In the event of aggregate coverage, Lessee shall immediately
notify Lessor of any known depletion of limits. Lessee shall require its insurer to waive its
subrogation rights against Lessor and agrees to provide certificates of insurance evidencing the
same.
Section 5.04 Certificates of Insurance; Additional Insured Endorsement
(a)Prior to commencing performance of the work hereunder, Lessee shall furnish
to Lessor certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required herein; said certificates shall provide the name and
policy number of each carrier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled without thirty (30) days prior
written notice to Lessor. Lessee shall maintain the foregoing insurance covera g es in force until
the work under this Lease is fully completed and accepted by Lessor.
(b)The requirement for carrying the foregoing insurance shall not derogate from
the provisions for indemnification of Lessor by Lessee under this Lease. Lessee shall pay, in a
prompt and timely manner, the premiums on all insurance hercinabove required.
(c)A separate copy of the additional insured endorsement to each of Lessee's
insurance policies, naming the Lessor, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
(d)Lessee shall have the right to self-insure with respect to any of the above
insurance.
Section 5.05 Waiver of Subrogation
Lessor and Lessee release each other and their respective principal, employees, representatives
and agents, from any claims for damage to any person or to the Premises or to Lessee's Facilities
thereon caused by, or result from, risks insured against under any insurance policies carried by
the parties and in force at the time of any such damage. Lessor and Lessee shall cause each
insurance policy obtained by it to provide that the insurance company waives all right of
recovery by way of subrogation against the other in connection with any damage covered by any
7
SF/sr PCD- Agrre SI/C OM m
RLS 'fl-997
7/25195 - 2
policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or
any of the risks insured against under any insurance policy required by this Lease.
ARTICLE 6- TERMINATION
Section 6.01 Termination in the event of casualty or condemnation
(a)In the event of any damage, destruction or condemnation of the Premises or any
part thereof, which renders the Premises unusable or inoperable in Lessee's judgment, Lessee
shall have the right, but not the obligation, to terminate the Lease with respect to the subject
Premises by giving written notice to Lessor within thirty (30) days after such damage,
destruction or condemnation, if by virtue of such casualty or condemnation the Premises are no
longer adequate for Lessee to continue its operations or any repairs to the Premises have not been
completed or cannot reasonably be completed within sixty (60) days from the date of the
damage.
(b)In the event of condemnation, unless Lessee is allowed by the condemning
authority to continue its operations on the Premises, the applicable Schedule shall terminate as of
the date title to Lessor's Property vests in the condemning authority or Lessee is required to
cease its operations, whichever is earlier. Lessee shall be entitled to share in the proceeds of any
condemnation, and Lessee's share shall include the value of any improvements that are
transferred to the condemning authority, moving expenses, prepaid Rent and business dislocation
expenses.
Section 6.02 Termination
Any Schedule hereunder may be terminated without further liability on thirty (30) days prior
written notice as follows: (1) by either party upon a default of any covenant or term hereof by
the other party, which default is not cured within sixty (60) days of receipt of written notice of
default, provided that the grace period for any monetary default is ten (10) days from receipt of
notice; or (2) by Lessee if it does not obtain or maintain any license, permit or other approval
necessary for the construction and operation of Lessee Facilities; or (3) by Lessee if Lessee is
unable to occupy and utilize the Premises due to any action of the FCC, including without
limitation, a take back of channels or change in frequencies; or (4) by Lessee if Lessee
determines that the Premises are not appropriate for its operations for economic, environmental
or technological reasons, including without limitations, signal strength or interference.
In addition, the five (5) years term is subject to termination by Lessor upon one hundred eighty
(180) days written notice, if during the term hereof, the implementation of a revitalization plan
affecting the Lessee's operation occurs. Lessee is hereby granted the right to participate in such
revitalization process, and will be afforded the opportunity to continue to operate pursuant hereto
so long as Lessee meets Lessor's reasonable requirements pursuant to such revitalization plan.
8
SF/s. PC1)- grt c M stromm
KLS 97997
7/28/98 -
•
ARTICLE 7- ASSIGNMENT
Section 7.01 Permitted Assignment
Lessee may assign this lease to Lessee's general partner, AirTouch Cellular or to any "affiliate"
of Air Touch Cellular, or to any partnership in which AirTouch Cellular or any "affiliate" of
AirTouch Cellular participates. As used herein, an -affiliate" of AirTouch Cellular shall mean
any entity which controls, is controlled by, or is under common control with AirTouch Cellular.
Any other assignment is prohibited without the prior written consent of Lessor, which consent
shall not to be unreasonably withheld.
Section 7.02. Abandonment by Lessee
Should Lessee breach this Lease and abandon Premises prior to the expiration of the Term or any
Renewal Term, Lessor may:
(a)Continue this Lease in effect by not terminating Lessee's right to possession of
said Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under
this Lease, including the right to recover the rent specified in this Lease as it becomes due under
this Lease; or
(b)Terminate this Lease and recover from Lessee:
1. The worth at the time of award of the unpaid rent which had been earned
at the time of termination of the Lease;
2_ The worth at the time of award of the amount by which the unpaid rent
which would have been earned after termination of the Lease until the time of
award exceeds the amount of rental loss that Lessee proves could have been
reasonably avoided;
3.The worth at the time of award of the amount by which the unpaid rent
for the balance of the term of this Lease after the time of award exceeds the
amount of rental loss that Lessee proves could be reasonably avoided; and
4.Any other amount necessary to compensate Lessor for all detriment
proximately caused by Lessee's failure to perform his obligations under this
Lease.
Section 7.03 Default by Lessee
Should Lessee default in the performance of any of the terms, conditions, or obligations
contained in this Lease, Lessor may, in addition to the remedy specified in the subparagraph (b)
of Section 7.02 of this Lease, re-enter and regain possession of Premises in the manner provided
by the laws of unlawful detainer of the State of California then in effect.
9
S Ets: PCD: A tree- Rtstrc ornrn
RIS 91-991
7/28/91,1 -
t.
Section 7.04 Insolvency of Lessee
The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or
substantially all of the property of Lessee, or the making of a general assignment for the benefit
of creditors by Lessee, or filing a petition in bankruptcy shall terminate this Lease and entitle
Lessor to reenter and regain possession of Premises.
Section 7.05 Cumulative Remedies
The remedies given to Lessor in this Article shall not be exclusive but shall be cumulative and in
addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease.
Section 7.06 Waiver of Breach
The waiver by Lessor of any breach by Lessee of any of the provisions of this Lease shall not
constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same
or another provision of this Lease.
ARTICLE 8- TITLE AND QUIET ENJOYMENT
(a)Lessor warrants that: (I) Lessor owns the Lessor's Property in fee simple and
has rights of access thereto; (2) Lessor has full right to make this Lease; and (3) Lessor covenants
and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the
terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may
peacefully and quietly enjoy the Lessor's Property; subject, nevertheless, to the terms and
conditions of this Lease. Lessor is prepared to document its interests in the Lessor's Property.
(b)Lessor warrants that the making of this Lease and the performance thereof will
not violate any laws, ordinances, restrictive covenants, or the provision of any mortgage, lease,
or other agreements under which Lessor is bound and which restricts the Lessor in any way with
respect to the use or disposition of the Premises.
(e) Lessee has the right to obtain a title report or commitment for a leasehold title
policy from a title insurance company of its choice. if, in the opinion of Lessee, such title report
shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use
of the Premises, Lessee shall have the right to terminate the applicable Schedule immediately
upon written notice to Lessor.
(d) Lessor agrees to obtain, for the benefit of Lessee, a Non-Disturbance Agreement
from the present mortgagee(s) or holder of a deed of trust, and subsequent mortgagee(s) or holder
of a deed of trust. In the event Lessor finances or refinances Lessor's Property, Lessor agrees to
obtain from an y lender a Non-Disturbance Agreement for the benefit of Lessee confirming that
Lessee's right to quiet possession of the Premises during this Lease shall not be disturbed so long
as Lessee has not defaulted under this Lease or the applicable Schedule.
10
S1'- PCD:Agitc- M4.trcOmrn
RI .S 97-997
7/28.19R -
ARTICLE 9 - REPAIRS
Lessee shall not be required to make any repairs to the Premises except for damages to the
Premises caused by Lessee, or its employees, agents, contractors or subcontractors.
ARTICLE 10 - ENVIRONMENTAL
Section 10.01 Lessor's Representation of Premises
Lessor represents that the Premises have not been used for the generation, storage. treatment or
disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor
represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants,
polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction
or derivative thereof) or underground storage tanks are located on or near the Premises unless
specified in writing to the Lessee prior to signing a specific lease agreement Notwithstanding
any other provision of this Lease, Lessee relies upon the representations stated herein as a
material inducement for entering into this Lease.
Section 10.02 Lessee's Hazardous Materials Restrictions
Lessee shall not use or store hanirdous materials on site without written approval from the
Lessor_ If the Lessor approves the use or storage of hazardous materials. the Lessee shall be
responsible for site testing and all hazardous materials clean-up of the site from environmental
damages caused by Lessee's use of such materials.
ARTICLE 11 - MISCELLANEOUS
Section 11.01 Force Majeure - Unavoidable Delays
Should the performance of any act required by this Lease to be performed by either Lessor or
Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles,
inability to secure materials, restrictive governmental laws or regulations, or any other cause
except financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period equivalent to the period of delay and
performance of the act during the period of delay will be excused, provided, however, that
nothing contained in this section shall excuse the prompt payment of rent by Lessee as required
by this Lease or the performance of any act rendered difficult solely because of the financial
condition of the party, Lessor or Lessee, required to perform the act.
11
SF1 PCD Agrrc Nistrcomm
KIS 97-997
7.121V98 - tI7
Section 11.02 Notice
Any written notice, given under the terms of this Lease. shall be either delivered personally or
mailed, certified mail, postage prepaid. addressed to the party concerned as follow:
TO CITY:
CITY CLERK
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92647
TO LESSEE:
LOS ANGELES SMSA LIMITED
PARTNERSIIIP
C/O AirTouch Cellular
3 Park Plaza
Irvine, California 92614
Attn: Supervisor, Property Management
(714) 222-7612
Copy to:
AirTouch Cellular
P.O. Box 19707
Irvine, California 92713-9707
Ann- Legal Department
(714) 222-7032
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party.
Section 11.03 Compliance with Law
Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations,
and requirements of all governmental entities, both federal and state and county or municipal,
relating to Lessee's use and occupancy of said premises whether such statutes, ordinances,
regulations, and requirements be now in force or hereinafter enacted. The judgment of any court
of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by
any government entity, that Lessee has violated any such statute, ordinance, regulation, or
requirement shall be conclusive as between Lessor and Lessee and shall be ground for
termination of this Lease by Lessor.
Section 11.04 Binding on Heirs and Successors
This Lease shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto.
Section 11.05 Partial Invalidity
Should any provision of this Lease be held by a court of competent jurisdiction to be either
invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force
and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto
are not materially impaired.
12
SF/sr PCD7 AgFCCIMSUCOMM
R LS 97-997
7128198 - 02
Section 11.06 Sole and Only Agreement
This instrument constitutes the sole and only agreement between Lessor and Lessee respecting
Premises, the leasing of Premises to Lessee, or the lease term herein specified, and correctly sets
forth the obligations of Lessor and Lessee to each other as of its date Any agreements or
representations respecting Premises or their leasing by Lessor to Lessee not expressly set forth in
this instrument are null and void.
Section 11.07 Time of Essence
Time is expressly declared to be the essence of this Lease.
Section 11.08 Governing Law
This Lease shall be governed under the laws of the State of California.
Section 11.09 Survival
Terms and conditions of this Lease which by their sense and context survive the termination or
expiration of this Lease, shall so survive.
13
SF/s:PCD.A g re e iNtstrc anun
RIS 97-997
7t28/93 - N2
LESSEE:
VENDOR,
LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California Limited
" Partnership
By: Aiffouch Cellular, a
Corpor ion, its çn
LESSOR:
CITY OF HUNTINGTON BEACH,
A MUNICIPAL CORPORATION
By:
Narn
Tn1 V ce President, Engineering & Operations
Chessher
REVIEWED AND APPROVED:
Aet.i.ng City NII:Thinistrator
ATTEST:
By:
APPROVED AS TO FORM:
Vint>foe- City Attorney
VR/7)
INITIATED AND APPROVED:
Fire Chief ct-LIr
•
Section 11.10 Memorandum of Lease
Upon request either party may require that a Memorandum of Lease for any Schedul:
recorded in the form of Exhibit "C".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
of g1it , 199 'at Huntington Beach, California.
Name: Hal Crookes
Title: Assistant Secretary
Stris •R:D . A grcc:Nistrcornm
RI.S 97-997
7.08/98 - 02
14
"4--ameSTATE OF CALIFORNIA )
COUNTY OF
On before me, , personally appeared
, personally known to be (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature:
SF/s PCD Agrce Mstrcomrri
RLS 97-997
7/28/98 - 42
15
•
ATTACHMENT I
SCHEDULE OF LEASED PROPERTY
This Schedule number • effective • 199_, is governed by the terms and
conditions of the Master Communications Site Lease Agreement entered into between LOS
ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership and CITY OF
HUNTINGTON BEACH , A MUNICIPAL CORPORATION, on , 199_,
and is incorporated herein by this reference.
The Premises leased to Lessee under this Schedule is commonly known as the City of
Huntington Beach, Fire Station (Station No. ) and is more
specifically described in Exhibits A and B.
LESSOR
CITY OF HUNTINGTON BEACH
A MUNICIPAL CORPORATION
By:
Name:
Date:
LESSEE
LOS ANGELES SMSA LIMITED
PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP
By: AirTouch Cellular, a California
corporation, its general Partner
Name:
Title:
Date:
On before me, , personally appeared
, personally known to be (or proved to me on the basis of satisfactory evidence)
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
SF/s:PCD.Agrce: Alstrcomm
RFS 97-997
7/28/9# - #2
16
•
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
The Lessor's property of which Premises are a part is legally described as follows:
17
SF/s:PCI):Agrcc.htstrcomrm
R LS 97-997
7/28/98 -
EXHIBIT B
DESCRIPTION OF PREMISES
The location of the Premises within the Lessor's property together with access, ingress, egress.
easements and utilities are more particularly described or depicted as follows:
See Exhibit B-1 attached hereto.
A final drawing or copy of a property survey depicting the above will replace this Exhibit "B"
when initialed by Lessor.
Notes
I. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is
received by Lessee
2.Setback of the Premises from the Lessor's boundaries shall be the distance required by
the applicable governmental authorities.
3.Width of access road shall be the width required by the applicable governmental
authorities, including police and fire departments.
4.The type, number and mounting positions and locations of antennas and transmission
lines are illustrative only. Actual types, numbers, mounting positions may vary from what is
shown above.
18
SFh PCD Agree Nistrcomm
RIS 97-997
7128198 - #2
EXHIBIT C
RECORDING REQUESTED BY, AND CITY OF HUNTINGTON BEACH,
WHEN RECORDED, RETURN TO: a municipal corporation
AirTouch Cellular
P.O. Box 19707
Irvine, California 92713-9707
Attn: Legal Department
(Re: Bolsa/Huntington Beach)
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of
, 199 , by and between CITY OF HUNTINGTON BEACH, A
MUNICIPAL CORPORATION ("Lessor") and LOS ANGELES SMSA LIMITED
• PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP ("Lessee").
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Master Communications Site
Lease Agreement (-Lease") dated as of , 199, and Schedule No.
pursuant to that Lease, covering certain premises ("Premises") situated on certain real property
located in the City of Huntington Beach, County of Orange, State of California, and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, Lessor and Lessee desire to record notice of the Lease covered by such
Schedule, in the Official Records of Orange County, California;
NOW, THEREFORE, in consideration of the foregoing. Lessor and Lessee hereby
declare as follows:
I. Demise. Lessor has leased the Premises to Lessee (together with access
rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and
conditions contained in the Lease.
2. Expiration Date. The term of the Lease ("Term") is scheduled to commence
on or before and shall expire five (5) years thereafter, subject certain options to
extend the Term pursuant to the Lease.
19
StA:PCD:Agrec N1 t,comm
R1S 97-997
7)28/98-
3. Lease Controlling. This Memorandum is solely for the purpose of giving
constructive notice of the Lease. In the event of conflict between the terms of the Lease and this
Memorandum, the terms of the Lease shall control.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease
as of the date and year first written above.
LESSOR
CITY OF HUNTINGTON BEACH
A MUNICIPAL CORPORATION
BY:
Name:
Title:
By:
Name:
Title:
LESSEE
LOS ANGELES SMSA LIMITED
PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP
By: AirTouch Cellular, a California
Corporation, its general Partner
By:
Name:
Title:
SFis PCD Agrct 1V6trcomm
RI_S 97-997
7128/98 -
20
COUNTY OF
STATE OF CALIFORNIA
• •
On before me, , personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
SF/s. PCD. Agree- Mstrcomm
MS 97-997
7128/98 - N2
21
Date:- 1 2_ 19 7
- rzATTEaT:: - -
-
—
;:--- .); CI rk,-...- .
f.- . --. - •••• -. - ..:1"2 ;
APPROVED-AS-JO FORM:
)\-/.-!"Oabigigin
Stis PC1)1Agrce:Schd-#7
RI.S. 47-997
7,28198 -
Cit
03
By: AirTouch Cellular, a
Name:
Title: Assistant Secretary
Date: August 21, 1998
SCHEDULE OF LEASED PROPERTY
FOR FIRE STATION NO. 7
This Schedule number I , effective Avjvf t 3, 199 is governed by the terms and conditions
of the Master Communications Site Lease Agreement entered into between LOS ANGELES
SMSA LIMITED PARTNERSHIP, a California limited partnership and CITY OF
HUNTINGTON BEACH , A MUNICIPAL CORPORATION, on A 1,9 407- , 1991
and is incorporated herein by this reference.
The Premises leased to Lessee under this Schedule is commonly known as the City of
Huntington Beach, Wet Fire Station (Station No. 7 ) and is more
specifically described in Exhibits A and B.
LESSOR
CITY OF HUNTINGTON BEACH
A MUNICIPAL CORPORATION
LESSEE
LOS ANGELES SMSA LIMITED
PARTNERSHIP, A CALIFORNIA
I.IMITED PARTNERSHIP
•
STATE OF CALIFORNIA )
COUNTY OF
On before me. , personally appeared
, personally known to be (or proved to me on the basis of satisfactory evidence)
to he the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
SIP() A grrc.tic h41-#7
RI.S 97-997
7r2 g,t911 -
2
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
The Lessor's property of which Premises are a part is legally described as follows:
'I -HAT PORTION OF THE EASTERLY 50 ACRES OF FRACTONAL NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 11 WEST,
S. B. B. & M., PARTLY IN THE RANCHO LA BOLSA CHICA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, BEING ALSO. A PORTION OF TIDE LAND LOCATION NO.
221 RECORDED APRIL 4, 1903 IN BOOK I, PAGE 205 OF PATENTS OF ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE DEED TO SUNSET LAND AND WATER COMPANY, RECORDED
JANUARY 6, 1922 IN BOOK 411, PAGE 57 OF DEEDS, SAID CORNER BEING LOCATED
20 CHAINS SOUTH AND 54.81 CHAINS WEST OF THE sou-rii QUARTER CORNER OF
SECTION 20, TOWNSHIP 5 SOUTH, RANGE 11 WEST, S. B. B. & M., SAID CORNER
BEING IN THE CETERLINE OF LOS PATOS AVENUE 60 FEET WIDE, AS DESCRIBED
IN THE DEED TO THE COUNTY OF ORANGE, RECORDED JUNE 17. 1901 IN BOOK 71,
PAGE 16 OF DEEDS; THENCE NORTH 89°45 EAST 50 FEET ALONG THE CENTERLINE
OF SA/D LOS p A-ros AVENUE; THENCE AT RIGHT ANGLES TO SAID LOS PATOS
AVENUE, NORTH 00°14' WEST 330 FEET; THENCE PARALLEL TO AND DISTANT 330
FEET FROM SAID CENTERLINE OF LOS PA-ros AVENUE, SOUTII 89°45' WEST 307.48
FEET.. MORE OR LESS, TO AN INTERSECTION WITI I THE NORTHEST LINE OF THE
LAND DESCRIBED IN THE ABOVE MENTIONED DEED RECORDED IN BOOK 411,
PAGE 57 OF DEEDS; THENCE SOUTH 38°1 L 45" EAST 418.56 FEET, MORE OR LESS,
ALONG SAID NORTHEAST SIDE LINE OF SAID LAND, TO THE POINT OF
BEGINNING_
EXCEPT THEREFROM ANY PORTION LAYING SOUTHERLY OF A LINE PARALLEL
WITI I AND SOUTHERLY 1320 FEET FROM THE NORTH LINE OF SAID SECTION 30.
3
Sits:PCD Agrcc-Schci-#7
KIS 97-997
7128/98 - #3
EXHIBIT B
DESCRIPTION OF PREMISES
The location of the Premises within the Lessor's property together with access, ingress, egress,
easements and utilities are more particularly described or depicted as follows:
See Exhibit B-I attached hereto.
A final drawing or copy of a property survey depicting the above will replace this Exhibit "W'
when initialed by Lessor.
Notes
I. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is
received by Lessee.
2.Setback of the Premises from the Lessor's boundaries shall be the distance required by
the applicable governmental authorities.
3.Width of access road shall be the width required by the applicable governmental
authorities, including police and fire departments.
4.The type. number and mounting positions and locations of antennas and transmission
lines are illustrative only. Actual types, numbers, mounting positions may vary from what is
shown above.
4
SF/s PCD. A g rr Schd-07
RLS.97-997
712X/9R- N3
3 01•011.t4t1 10111111i110014•44011.0 ••••••••••••• 0•111•414.•• •
I. 1••n •••
PO SO 641 • 4. 4. 146 •••
III 41.1
,i i: l't (")
101504444.•
44.4 .040
000 100501• 1.1•••• • 1-M410 le • 1 .0.0 (4 45
40 4n/4M 504601 • W. • • 04 *015 •0••••n
W alla Mot WM.% ei••••• 6644 ti 40
1 • Ira is .1 e••• mom* aro, •• 1111•••• •••tem, • IP Ye too eft 441 • AIM. INFAILIMP 0•••
00 Ma. elmen 044 •n • 4 0Meol• ••••••• 1-044
404004 14:601 • Poe 0404, 05504*VP •• • •n•n •••
••••••••• t• 0.0 • We ea 11 ••••• toot •
64461.00 6 411660d 64 444064. 640.•5015•••• 05' a 50
5081.04 01104 11•111 OWR n• Ow el • •••••••n111. 40 1••n ••••n 11•11 • •••••• ••••I •••••104•• 0 4s 6600
mart 011310711001
•4644 (444161:
•0,041
1 .4 41 40 00
SW MI. est
•• .001 0400105 OW. 04*04_i 16404 dr 64 10 10
ilt0111 1110
11014 lsl4.0.4. /OM.*•10644640440 66 0604oda. (•••••• 8.441
11101 14 1
•1.1•••n •••••C
05 0•. 0 04 04•.6440. 000 *IP
0454504 . *4
004 pas 04p01 04
=teat* rtti
slts
••1
•44 .0.66• 66,4,1 • 5*4••41 1i54545*54. MA • •.•445045S450 4S4
•.4 0055 •••• 1 44 yi4.1 ••n ••, I*h
I •n •• 111.00, a••••••••444..•• 14
;MR) II EU:Y/11111N
a°°
6046.6 • (44.61 ;Of
4./
f - 0 44.04 .11 • \
•1?‘
/ • 11.)t
''„I '•I 1 .,"
1111 1 *.
0111
-5-
4054 0450 •
a INIA10;1;/) !di It Ati
46 .1 • ..• 1••••• ••••••• • n•••••••ho •• 50 • •0 •n ••••• • ••••
4 444.5 0414 1 1 . • ••• •4 446 4.1
0404 ••• l• • • ••
0,,Ror4 4.1i 6 •
tea. 60••01161
/0 00 • imam ••••I01 00660 6411•• 00401 • am 16145
•44 0511 4 1040 4 Il ••
woo 40 0.101
Me (0 •MI Mr .160
•40•10 II MI/ V1 Nor. oe••• mow • • 00155•o n ••n•• to**, 0•• eel -
14 NOVI • •••••• 0.5 •
111.0•4411 ISA.. 6405 • -
444. 401 4.
tt 4.0 0+4
4.
ATTACHMENT #3
LICENSE AGREEMENT
This License Agreement is entered into this ,3"..D day of 4oc A5 , 1998, by and
between LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership
("SMSA") and the CITY OF HUNTINGTON BEACH, a municipal corporation ("CITY").
RECITALS
A.The parties have previously entered into an Agreement entitled "Master
Communications Site Lease Agreement Between the City of Huntington Beach and Los Angeles
SMSA Limited Partnership," dated fiirsi- , 1998 (the "Lease"), which
authorizes SMSA to install poles with antennae (the "Facilities") on certain CITY-owned real
property ("Lease Sites") described in schedules attached or to be attached to the Lease (the
"Schedules"). Pursuant to the Lease, CITY has approved one Lease Site for the location of
SMSA t s Facilities: Fire Station-7 located at 3831 Warner Avenue (the "Fire Station-7 Site").
The rent due the City is One Thousand Two Hundred Fifty Dollars ($1250.00) per month.
SMSA is to use Fire Station -7 Site to construct, maintain, repair and operate a cellular
mobile/wireless telecommunications service system.
B.Pursuant to Section 3.01(b) of the Lease, SMSA has agreed to permit CITY to
attach certain equipment to SMSA's Facilities for CITY's exclusive use so long as CITY's
equipment does not interfere with SMSA's communication operation. SMSA now wishes to
grant to CITY a license to use SMSA's Facilities located, or to be located, on the Fire Station-7
Site as more particularly described herein.
1
SM:PCD:Agree:SMSA-Lic
7128/98 -#2
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section I. License. SMSA hereby grants to CITY a license to use a portion of
5MSA's Facilities installed or to be installed on the Fire Station-7 Site for purposes of using,
maintaining and repairing the equipment described in Exhibit "A" attached hereto (the "City
Equipment"). SMSA shall remove the existing siren pole at the Fire Station-7 Site and install its
Facilities, including a new pole. The Facilities shall be constructed in such a manner so as to
support the City Equipment. SMSA shall purchase the City Equipment, and install such City
Equipment on SMSA's Facilities pursuant to the manufacturer's specifications at no cost to the
CITY. The CITY shall accept ownership of the City Equipment following a satisfactory
demonstration that it is in good working order. SMSA shall transfer all warranties issued by the
manufacturer of the City Equipment to CITY. As additional consideration to SMSA for the cost
of replacing the existing siren and purchasing and installing the City Equipment, the rent for the
Fire Station-7 Site shall be abated for the first six (6) months of the Lease term for the Fire
Station-7 Site as set forth in the Schedule covering the Fire Station-7 Site. The total value of this
rent abatement is Seven Thousand Five Hundred Dollars ($7,500.00).
Section 2. Maintenance. Once accepted, CITY shall be solely responsible for
maintaining and repairing the City Equipment at CITY's sole cost and expense. SMSA shall
provide CITY with access to the City Equipment at all reasonable times to allow CITY to
perform such maintenance and repair obligations. CITY shall notify SMSA prior to performing
any maintenance or repair work so a SMSA representative can monitor such work to ensure that
no damage is done to SMSA's Facilities. CITY shall repair any damage caused to SMSA's
Facilities caused by CITY or its ekmployees, agents or contractors. CITY shall be responsible
2
SF/s:PCD:Agree:SMSA-Lie
7/28/98 - #2
for the eventual replacement of the City Equipment and the costs thereof, provided that PBMS
shall maintain its Facilities, including that they continue to support the City Equipment.
Section 3. Rights and Obligatoins of the Parties. The rights and obligations of
the parties to use of the Facilities and the installation of the City Equipment are subject to all
terms and conditions of the Lease. In case of any ambiguities between the Lease and this
License, the Lease shall control. Should the Lease be terminated, removal of the City Equipment
and the Facilities shall be subject to terms and conditions as specified in the Lease, provided that
the CITY shall have the option to require SMSA to abandon the pole in place.
Section 4. Term. This License shall remain effective so long as the Lease for the
Fire Station-7 Site remains in effect.
Section 5. Indemnification. CITY hereby agrees to protect, defend, indemnify
and hold and save harmless SMSA , its shareholders, officers, partners, employees, agents and
affiliated entities (collectively, the SMSA Indemnities") against any and all liability, claims,
judgments, costs (including without limitation, attorneys' fees) and demands, however caused,
brought by third parties, arising from the operation, repair and/or maintenance of the City
Equipment.
Section 6. Insurance.
(a) CITY shall carry at all times incident hereto, on all operations to be
performed hereunder, commercial general liability insurance, including coverage for bodily
injury, property damage, products/completed operations, and blanket contractual liability. Said
insurance shall name all SMSA indemnities as additional insureds and provide coverage in an
amount of not less than One Million Dollars ($1,000,000) combined single limit coverage.
3
SF/s:PCD:Agree:SMSA-Lic
7/28/98 - #2
(b)CITY shall also carry at all times incident hereto "all risk" property
insurance on the City Equipment with replacement cost coverage.
(c)If the coverage provided under the commercial general liability insurance
policy required hereunder includes a designated general aggregate limit, such limit shall be no
less than One Million Dollars ($1,000,000) and CITY shall immediately notify SMSA of any
known depletion of limits. CITY shall require its insurer to waive its subrogation rights against
SMSA and agrees to provide certificates of insurance evidencing the same.
Section 7. Certificates of Insurance; Additional Insured Endorsement
(a)CITY shall furnish to SMSA certifictes of insurance evidencing the
foregoing insurance coverages as required herein; said certificates shall provide the name and
policy number of each can-ier and policy, and shall state that the policy is currently in force and
shall promise to provide that such policies will not be canceled without thirty (30) days prior
written notice to SMSA.
(b)The requirement for carrying the foregoing insurance shall not derogate
from the provisions for indemnification of SMSA by CITY under this Lease. CITY shall pay, in
a prompt and timely manner, the premiums on all insurance hereinabove required.
(c)CITY shall have the right to self-insure with respect to any of the above
insurance.
Section 8. Waiver of Subrogation. CITY releases the SMSA Indemnities from
any claims for damage to any person or property caused by, or resulting from the operation,
maintenance and repair of the City Equipment. CITY shall cause each insurance policy obtained
4
SF/s:PCD:Agree:SMSA-Lic
7/28/98 - #2
by it to provide that the insurance company waives all right of recovery by way of subrogation
against SMSA in connection with any damage covered by any policy.
Section 9. Force Majeure - Unavoidable Delays. Should the performance of
any act required by this Lease to be performed by either CITY or SMSA be prevented or delayed
by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive
governmental laws or regulations, or any other cause except financial inability not the fault of the
party required to perform the act, the time for performance of the act will be extended for a
period equivalent to the period of delay and performance of the act during the period of delay
will be excused, provided, however, that nothing contained in this section shall excuse the
performance of any act rendered difficult solely because of the financial condition of the party,
SMSA or CITY, required to perform the act.
Section 10. Notice. Any written notice, given under the terms of this Lease, shall be
either delivered personally or mailed, certified mail, postage prepaid, addressed to the party
concerned as follows:
TO CITY:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO SMSA
Los Angeles SMSA Limited
Partnership
C/O Air Touch Cellular
3 Park Plaza
Irvine, CA 92614
Attn: Supervisor, Property Management
(714) 222-7612
5
SF/s:PCD:Agree:SMSA-Lic
7/28/98 - #2
Copy to:
Airtouch Cellular
P.O. Box 19707
Irvine, CA 92713-9707
Attn: Legal Department
(714) 222-7032
SMSA or CITY may from time to time designate any other address for this purpose by
written notice to the other party.
Section 11. Compliance with Law. CITY shall at its own cost and expense
comply with all statutes, ordinances, regulations, and requirements of all governmental entities,
both federal and state and county or municipal, relating to CITY's use of the siren whether such
statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted.
Section 12. Partial Invalidity. Should any provision of this License be held by a
court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this License shall remain in full force and effect unimpaired by the holding, so long
as the reasonable expectations of the parties hereto are not materially impaired.
Section 13. Attorneys Fees. Should either party bring an action against the other
for the purpose of enforcing the terms of this License, or for damages arising from its breach,
then in such event, each party shall bear its own attorney fees and costs.
Section 14. Time of Essence. Time is expressly declared to be the essence of this
Lease.
Section 15. Governing Law. This Lease shall be governed under the laws of the
State of California.
Section 16. Survival. Terms and conditions of this Lease which by their sense
and context survive the termination or expiration of this Lease, shall so survive.
6
Stqs:PCD:Agree:SMSA-Lic
1128198 -#2
LOS ANGELES SMSA LIMITED
PARTNERSHIP, a California
limited partnership
Jeff Chessher
Mayor
ATTEST:ATTEST:
City Clerk
APPROVED ASAS TO FORM:
.(City Attorney
INITIATED AND APPROVED:
IN WITNESS WHEREOF, SMSA and CITY have executed this License Agreement as
of the date and year first written above.
SMSA:
(print or type)
Title Vice President Operations
CITY:
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State
of California
By •
Name Hal Crookes
Title Assistant Secretary
REVIEWED AND APPROVED:
Gi2
Actirtg City A nistrator
7
SF/s:PCD:Agree:SMSA-Lic
7/28/98 - #2
EXHIBIT "A"
CITY EQUIPMENT
Federal Warning
.r Ron Seitz
ft:omit *Wag,
655 Leeman Blvd; #-351
. SsuLeissitO„Ca. 94579
Teisphotar(1100) 397-4139. _
Quotation
Federal Siva COrParitti"
NdeteiViansiei Systemas
Quotetioa Nut ahem FWS11,122-1
Refentsice qwott no. on yowr mkt'
Nape Collo:el ICaith
Dow Da 22. 1997
Huatiegtion Beach Fire Dept lishnoce Nephew Rowse .
Address• 2000 Mein St
am Slaw Zip Iturainatm Beech, Ca_ 92648
?bow rte. 714.336.5235
Pauli& 7/4.374.1551
Ups. :mitt drat aedir mod ampliamostryF.r.ISiva Corporative, 16 orignimilmoia va-b; eappitoil
eeetekohea ma* idarautiat ia **plied. ilappikahla.
the waist Om Wow. D.O...rait gahle ast be
I Qty.NicjiVit No.vc4tagc Cgic"Flusah DeatriP. tioa-NraCcra TotalCon
1111
200 I SRN •Raining Elocup•Mechenicai Sine • S7,9010C .57,900.00
•DC Control Mail •$3,000_0(53,000.00
Km11111111111111111111111111
Sake Tex 111.11111E
$200.0( .1200.00
4441 °°rkb°21:341:Pcmirle;uttall.-. $0.00
0 7'75/4 1332.50 $g32.50.
MIMI
11111111111111111111111
ShiPPazg MEM 14c't C°Exce"ld'5250.00 -5250.00
MOO
ME $0.00
1111/11IIIIIIIII11111111
MEM
111111111111111111111111111111111111111111111111111111111111111111111111111111111111
11111111111
MOO50.00•$0.00
. SO.Da
total Cost $I2,182.50
Prices art &In for 30 days too date of quotation unless abowe otborwisa..tkpo arciptance pima are Arra for_ 43 dare .
F.O.B.- University Padc,
Terms: Net-30
EST. DEL. WT.: 800 Ibt
DELIVERY: 4-6 Weeks
Purchase orders MUST be made out to Pedersi:Sisiud-reetporstiOn TRNSDiVision
DESIGNED FOR
OUTDOOR
WARNING
Three distinct signals to
choose from
High sound output that can
cover up to four square
miles
FEDERAL WARNING SYSTEMS
ELECTROMECHANICAL SIREN
51029,9 FCC/PlitrOMM/COAC PAGE 02
-12/.-22/1997 10:38
Full battery operation
or battery backup
(2001DC only)
Patented stator/horn
design allows highly
efficient, high output
operation from minimal
battery source
Description
The model 20010C is a unique
innovation in high power outdoor
siren products. It is the first of a new
generation - a rotating
unidirectional, electromechanical
sirert that can operate on batteries.
In addition to built-in pushbutton
control, the model 20010C can
also be controlled by telephone
lines or radio (both . optional) and
can produce three signals forvarious
applications. An optional AC power
supply unit will allow the siren to
operate on standard power using
the batteries for backup power. The
high decibel output provides
maximum coverage and minimum
installation cost. Radio activation
will further minimize installation
costs.
The 2001AG model is identical to.
the 20010C except it is designed to
operate on AC power on ly..The AC
version provides an economical
alternative to the 2001 DC without
sacrificing sound output or
reliability. The 2001AC can be
upgraded to battery operation at
any time
FeaturtS
Federal Signal's 2001 Siren Series
offersa documented signal strength.
of 1 27d8Cat 100feet. The20010C
will supply a minimum of 15
minutes of full power )utput from
its batteries after an AC power loss.
The ring radiator within the •A
projector produces a 60 degree >
beam of sound which rotates at 2
RPM (adjustable to 6 RPM). Steady,
Wail, and Fast Wail tone signals are WO
standard.
etHighly efficient DC motor offers
tremendous reliability over Zu"
conventional AC motoi s commonly 0
used in outdoor warning sirens.
Applications
Models 2001AC and 200i DC are
high powered rotating outdoor
sirens that are ideaty suited to
provide warning for weather, fire.
floods, chemical spill, hurricanes.
and other types of emergencies.
C)
2001 Siren Specifications
'
--1:2/22/ 1992 1@:8 5102.09 FCC/PROCCHM/IiipAC PAGE 03
2001 DC SIREN CONTROL UNIT 2001AC SIREN CONTROL UNIT
200 lAC Siren Control Unit
Operating voltage:
Current requirements:
Sound Output:
°berating Voltage:
O p erating Current:
Rotation:
O p erating Temperature:
Dimensions.
Net Weight-
Shipping Weight:
127 dBC & 100 ton axis)
48 VOC
100 amps (nom.)
24 RP M ladiustablel
- 30•C to 60`C
5514 x 37-W x 41"0
395 Ibt ( t 80 kg)
470 lbs. (214 kg)
Operating temperature:
Dimensions:
Net Weight
Shipping Weight:
220/240VAC
30 amps (approx.)
(SO amp service
recommended)
-30°C to 4. 60°C
2.3.6"H x 23.6W x 91-0
159 Itss. (72 kg)
1 82 lbs. (83 kg)
20010C Siren Control Unit
Operating Voltage. 120 VAC. 5040 Hz
Current Requirements: 4 amps
Standby Current: .2 amps
Continuous Signal Time: IS minutes trnin.) Fu ll output
Standby Time: 20 4 days tw/S min. full signal
r es erve)
"O p erating 7"emperature: -30°C to • 60°C
Overall Dimensions: 411").4 x 24"Vst x 16"D
Net Weight: 141 lbs tw/o batteries) (64 kg)
Shipping Weight: 234 Ilse (w/o battenesl (106 kg)
2001TR (AC Power Option for 2001 DC)
Operating voltage: 220/240 VAC
Current requirements. 30 amps lapprox.)
(50 amp service
recommended)
Operati n g temperature: -30•C to • 60`C
Dimensions: 23"H x 11"W x 100
Net Weigni: 113 lbs. tilo
Shipping weight: 148 lbs. 167 km
• thean, l e moe t o we ,..11 b. TD$IID •nipd DI -IS C Illeag
Signal Information
Steady:
Fast Wail:
Signal duration:
Operat tonal sound
output:
Rotation:
How To Order
Siren-.
Control:
Radio Option:
&Made= 5-tat:LULL
705 Hz N A
470.705 Hz 10 s econds
600-705 Hz 3.5 --econds
3 minutes standard
127 cISC at t00 feet
2-6 RPM (adiustable)
20010C or AC Speaker Array
UC'AC Siren Control Ursit or
liC•DC Siren Control Unit
Specify RF,OIMPi,r w0.-40..
sequential, CTC.SS fretivartcy
BATTERIES NOT INCLUDED. RECOMMEND DELCO VOYAGER
MODEL MUMF
PAL 8101'4AL CORPORATION
Federal Warning Systems
2643, Federal Signal Drive, University Park, IL 60466
saki 800/54111.7229. fix 708/534-4855
2001DC Options:
200 t IR AC Power
200 1I-41R
Battery Warmers
2001'240
Step down transformer 240 VAC
•
RECORDING REQUESTED BY, AND CITY OF HUNTINGTON BEACH,
WHEN RECORDED, REFURN TO:
CONNIE BROCK WAY CITY CLERK
CITY OF HUNTINGTON 13E/1(31
P0 BOX 190- 2000 MAIN STREET
HUNTINGTON BEACH CA 92648
(Re: Bolsa/Huntington Beach)-
a municipal corporation
_
Recorded in the Coulty of Orange. California
Gary L. GrAnville. Clerk/Recorder
11111RWIEM[Bili111131111:7111 t lf) Fee
1988 7 O923 11.11am 12117/98
005 1701146 4 17 16 _ 0 00
M11 6 6.00 15.00 0.
0
00 .00 0 00
fl
---MEMORANDUKOF LEASE-1—
THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of August 7, 1998,
by and between CITY OF I-IUNTINGTON BEACH, A MUNICIPAL CORPORATION
("Lessor") and LOS ANGELES SMSA LIMITED PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP ("Lessee").
- 19 •
RECITALS
WHEREAS, Lessor and Lessee have executed that certain Master Communications Site
Lease Agreement ("Lease") dated as of August 3, 1998, and Schedule No. I pursuant to that
Lease, covering certain premises (-Premises") situated on certain real property located in the
City of Huntington Beach, County of Orange, State of California, and more particularly
described in Exhibit -A" attached hereto and incorporated herein by this reference; and_ . _
WI1EREAS, Lessor and Lessee desire to record notice of the Lease covered by such
Schedule, in the Official Records of Orange County, California;
NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby
declare as follows:
1.Demise. Lessor has leased the Premises to Lessee (together with access
rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and
conditions contained in the Lease.
2.Expiration Date. The term of the Lease ("Term") is scheduled to commence
as provided for in the Lease and shall expire five (5) years thereafter, subject certain options,to;.
extend the Term pursuant to the Lease. , . \... . ...:
This document is solely for the
official business of the City
of Huntington Beach, as co4tern-
SF's PCD Agrce Schd-#7 plated under Government Code
RLS 97-997 Sec. 6103 and should be recorded
9/25/9S - ii3 free of charge.
tir
';c1\)(;
-
Voc-iiiempt-Goventment Agercy
CITY,OF HUNTINGTON BEACH
Brockway, Park 21:Zr •
LESSEE
ATTEST:APPROVED AS TO FORM:
hessher,
Vice President, Engineering
& Operations
By:
•
3. Lease Controlling. This Memorandum is solely for the purpose of giving
constructive notice of the Lease. In the event of conflict between the terms of the Lease and this
Memorandum, the terms of the Lease shall control.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease
as of the date and year first written above.
LESSOR
CITY OF HUNTINGTON BEACH
A MUNICIPAL_CORPORA'noN
- LOS-ANGELES-SMSA LIMITED -
PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP
Hal Crookes,
Assistant Secretary
SF/s:PCDAgr:Schd-#7
RLS 97-997
9124198 - 113
6
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR'S PROPERTY
The Lessor's property of which Premises arc a part is legally described as follows:
THAT PORTION OF TIIE EASTERLY 50 ACRES OF FRACTONAL NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTII. RANGE 11 WEST,
S. B. B. & M., PARTLY IN THE RANCHO LA BOLSA CHICA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, BEING ALSO, A PORTION OF TIDE LAND LOCATION NO.
221 RECORDED APRIL 4, 1903 IN BOOK 1, PAGE 205 OF PATENTS OF ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER'OF THAT CERTAIN PARCEL OF LAND'
DESCRIBED IN THE DEED TO SUNSET LAND AND WATER COMPANY, RECORDED
JANUARY 6, 1922 IN BOOK 411. PAGE 57 OF DEEDS, SAID CORNER BEING LOCATED
20 CHAINS SOUTH AND 54.81 CHAINS WEST OF THE SOUTH QUARTER CORNER OF
SECTION 20, TOWNSHIP 5 SOUTH. RANGE 11 WEST, S. B. B. & M.. SAID CORNER
BEING IN THE CETERLINE OF LOS PATOS AVENUE 60 FEET WIDE, AS DESCRIBED
IN THE DEED TO THE COUNTY OF ORANGE, RECORDED JUNE 17, 1901 IN BOOK 71.
PAGE 16 OF DEEDS; THENCE NORTH 89°45 EAST 50 FEET ALONG THE CENTERLINE
OF SAID LOS PATOS AVENUE; THENCE AT RIGHT ANGLES TO SAID LOS PATOS
AVENUE, NORTH 00°14' WEST 330 FEET; THENCE PARALLEL TO AND DISTANT 330
FEET FROM SAID CENTERLINE OF LOS PATOS AVENUE, SOUTH 89°45' WEST 307.48
FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEST LINE OF THE
LAND DESCRIBED IN THE ABOVE MENTIONED DEED RECORDED IN BOOK 411,
PAGE 57 OF DEEDS; THENCE SOUTH 38°11' 45" EAST 418.56 FEET, MORE OR LESS,
ALONG SAID NORTHEAST SIDE LINE OF SAID LAND, TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM ANY PORTION LAYING SOUTHERLY OF A LINE PARALLEL
WITH AND SOUTHERLY 1320 FEET FROM THE NORTH LINE OF SAID SECTION 30.
3
SF/s.PCD:Agrec.Schd-47
RI.S 97-997
7/28/98 - ti3
Signature:
STATE OF CALIFORNIA
COUNTY OF Oran ? e
On Oc--1111,-er 21, l q 31 before me, MaA.1 . (--410 Ahrioli personally
appeared /-lek./ Cvooke , personally known to me (or proved to me on the basis of
satisfactory evidence) to he the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
7
tiris-PCD:Agrcc:Schd47
RLS 97-997
7/28/98 -
MARY IA. HOLLAND - --
Commission 111904
Notary Ptbic — Caebnta
Orley. County
MY Comm Ever as Dec 15.2=
STATE OF eq L i cofeivm
) ss.
COUNTY OF Ok4-1,1(rE
On Cc-A . 1998. before me. M Cirti M 1-4 I a +I/
notary public. personally appeared Jeff Chessher. personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person. or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand- and-official seal.
Signature:
'Xpersonally known to me -
ll.uR,A A. NELSON
Commtsoon • 1066263 — z
Notofy Pubso — Cot:orroo
Crave County
My Comm Expaes Al 23_ 1990
Individual
El Corporate Officer
Title(s):
•Partner — 0 Limited 0 General
Attorney-in-Fact
O Trustee
O Guardian r Conservator
cre
Signer Is Representing:
CALIFORNIA ALL-PURORSE ACKNOWLEDGMENT
„-
On -bett_fru-bz-/ 2 I ?q,1) before me. A. Aiels trs-r NO/27 1
Dab Na•-xt arrl Tato of 07.col (o% 'Jane Ooo. NOld PODIC13 be titog• a 04/ eart#14e... 0-10-044
Nome(s) of Sogneqs)
State of
County of
personally appeared
to be the person
whose nam z 60) • AD subscribed to the within instrument
and acknowledged to me that 44 faishrexecuted the
same in authorized capacity(la), and that by
i€14 signature on the instrument the persor<al;
or the entity_upon behaltof which_the personMacted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by taw. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of This form to another document.
Description of Attached Document
Title or Type of Document: itta rt4.-cre-42."4-4-t-rvi Loase— -SALSA
Document Date: 817 11 Number of Pages: 3 ÷al-t
-Signer(s) Other Than Named Above: 611 144.01:71 11 -,1420 Cii e S511-ee l /41-eCe-ovkm,C
Capacity(ies) Claimed by Signer(s)
( -be2t14. Signer's Name:Signer's Name: leor-ocA-
Cl Individual
O Corporate Officer
Title(s):
Partner — 0 Limited 0 General
o Attorney-in-Fact
O Trustee
O Guardian or Conservator
Other: eal:.,0_19-€,-L
Signer Is Representing:
if/44.-brifirn ae-46.1‘
•<.'Cis;''CCre(."Vn:•cce‘C..W.,KTC.E CZXL'We•t'reraR...TLA.VeVIetrei," :--"CtTXCX:r.if.)-
t995 Nonenal Notary Assouaoon • 8236 geovnet Ave. PO Bo. 7/84 -Canna Park. CA 9/ 309,7 tee Prod No 5907
ATTACHMENT #4
ACORDn,CERTIFICATE OF LIABILITY INSURANCE
DATE (MtWDD/YY)
08/02/07
PRODUCER 1-617-330-1005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Northeast, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
125 Summer Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
16th Floor
Boston, MA 02110 COMPANIES AFFORDING COVERAGE
COMPANY
A Great American Assurance
INSURED COMPANY
American Tower Corp B Federal Insurance Company
116 Huntington Ave COMPANY
C
Boston, MA 02116 COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSUANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR • TYPE OF INSURANCE POLICY EFFECTIVEPOUCY NUMBER DATE (MWDDIYY)
POLICY EXPIRATION
DATE (MWDD/YY)LIMITS
B GENERAL UABIUTY 35873252 12/01/06 12/01/07 GENERAL AGGREGATE $ 2 , 00 0 , 00 0
X COMMERCIAL GENERAL LIABILITY PRODUCTS — COMP/OP AGO.$ 2, 000, 000
I CLAIMS MADE X OCCUR PERSONAL & ADV. INJURY $1,000,000
OWNER'S &CONTRACTORS PROT.EACH OCCURRENCE $ 1, 000, 000
FIRE DAMAGE (Any one fire)$ 1, 0 00 , 0 0 0
MED. EXPENSE (My one Person)$ 10, 000
B AUTOMOBILE LIABILITY 74978246 12/01/06 12/01/07 COMBINED SINGLE LIMIT $1,000,000XANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUlDS (Per person)
HIRED AUTOS BODILY INJURY $
_NON-OWNED AUTOS APP r git
VED T.C.(Per accident)
1 Air /2-jcil. FE MWAY iney PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANYAUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE $
A EXCESS LIABILITY UMB 925 2783 12/01/06 12/01/07 EACH OCCURRENCE $ 10 , 00 0 , 0 0 0
X UMBRELLA FORM AGGREGATE $ 10 , 00 0 , 0 0 0
OTHER THAN UNI3RELLA FORM
B VVORKERS COIVENSATION AND EMPLOYERS'
LIABIUTY 71733162 12/01/06 12/01/07 x STATUTORY LIMITS
EACH ACCIDENT $1,000,000
THE PRIORIETOR/
PARTNERSEXECLITIVE
—
INCL DISEASE — POLICY LIMIT $ 1, 000, 00 0
OFFICERS ARE
EXCL DISEASE—EACH EMPLOYEE $ 1, 0 00 , 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
See attachment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSCity of Huntington Beach
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
2000 Main Street COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Huntington Beach, CA 92648
USA
ACORD 25-5 (9/93) stephaniQ._robinson @ ACORD CORPORATION 1988
6780665
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE
08/02/07
NAME OF INSURED: American Tower Corp
The City of Huntington Beach, its Agents, Officers and Employees are considered additional insureds with respect to
operations of the named insured for site # 30075
SUPP (10100)
Liability Insurance
Endorsement
Policy Period DECEMBER 1, 2006 TO DECEMBER 1, 2007
Effective Date DECEMBER 1, 2006
Policy Number '3587-32-52 BOS
Insured AMERICAN TOWER CORPORATION
Name of Company FEDERAL INSURANCE COMPANY
Date Issued JANUARY 8, 2007
This Endorsement applies to the following forms:
GENERAL LIABILITY
BLANKET ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT
All other terms and conditions remain unchanged.
Authorized Representative
5.1-7(Lin,
Liability Insurance BLANKET ADDITIONAL INSURED last page
Form 80-02-2373 (Ed. 4-94) Endorsement Page 1
POLICY NUMBER POLICY
EFFECTIVE
POLICY EXPIRATION
DA1E(MM1DIETY)LIMITS
1595260 06/30/07 06/30/08 EACH OCCURRENCE $1,000,000
DAMAGETO RENTED $1,000,000
PREMISES (Ea occurence)
MED EXP (Any one person)
PERSONAL& ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGO $2,000,000
1606845 06/30/07 06/30/08 COMBINED SINGLE umrr
AOS (Ea accident)$1,000,000
1606846 06/30/07 06/30/08
BODILYINJURYMA
1606847 06/30/07 06/30/08 ( Per person)
VA
BODILYINJLRY
(Per accident)
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
08/09/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
PRODUCER
Aon Risk Services, Inc. of New York
199 water Street
New York NY 10038-3551 USA
p HoNE .(866) 283-7122 FAX-(847) 953-5390 INSURERS AFFORDING COVERAGE NAIC #
INSURED
Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster NJ 07921 USA
LNSURERk American International specialty Lines
INSURERB: American Home Assurance co.
INSURER C: National Union Fire Ins Co of Pittsburgh
INSURERD: New Hampshire Ins Co
26883
19380
19445
23841
INSURER E: Insurance Company of the State of PA 19429
CONIHAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAND NG ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_SIR MO Apply
INSR ADD'L
LTR INSRD
TYPE OF INSURANCE
ENERAL LIABILITYFl
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
GENL AGGREGATE LIMIT APPLIES PER
POLICY Ei PRO- r---1 Loc
JECT
PROPERTY DAMAGE
Per accident)
AUTOMOBILE LIABILITY
7r- ANY AUTO
B
ALL OWNED AUTOS
1n1
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
Self Insured for
Ph y sical Damaae
GARAGE LIABILITY
ANY AUTO
INNEN
AUTO ONLY- EA ACCIDENT
EXCESS /UMBRELLA LIABILITY
OCCUR CLAIMS MADE
l]
DEDUCTIBLE
RETENTION
EACH OCCURRENCE
AGGREGATE
OTHER THAN EA ACC
AUTO ONLY:AGO
WORKERS COMPENSATION AND
1608119
AOS
06/30/07 Tb/Ju/us X 1W.0 STA1U- I 10
TORY LIMITS ER
EMPLOYERS' LIABILITY
1608120 06/30/07 06/30/08 EL EACH ACCIDENT $1,000,000
ANY PROPRIETOR/ PARTNER /EXECUTIVE
OFFICER/MEMBER EXCLUDED?CA EL DISEASE-EA EMPLOYEE $1,000,000
1608121 06/30/07 06/30/08
EL DISEASE-POLICY LIMIT $1,000,000If yes, describe under SPECIAL PROVISIONS
below FL
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHTCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Contract#: 34461, Site Name: Bolsa Beach, site Address: 3831 warner Avenue, Huntington Beach, CA (Orange
county).
The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are
C VN'CIA,L .0n LI ON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUNG INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO ME CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILLRE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, TIS AGENTS OR REPRESENTATIVES.
( Luc! II 111)1 DER
City of Huntington Beach
2000 main street
Huntington Beach CA 92647 USA
AUIHORIZED REPRESENTATIVE der.er Z.
'1121) 2 S (2114,1I /08) n.( ()RD CORPORATION'1988
Attachment to ACORD Certificate for cellco Partnership
The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the
afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the
INSURER
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does no include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
PMR
LTR
ADWL
[MAD TYPEOFINERJRANCE
POLICY NUMBER
POLICI(DESCRIPIION
POLICY
EFFECnVE
DATE
POLICY
EXPIRATION
DATE
LEWIS
WORKERS COMPENSATION
E
1608123
AR, MA, NV,TN, VA
06/30/07 06/30/08
D
1608124
MI, NY, WI
06/30/07 06/30/08
C
1608122
OR
06/30/07 06/30/08
DESCRIPIIONOFOPERATIONSILOCAIIONSNEHICLES/EXCLUSIONSADDEDBYENDORSEMENT/SPECIALPROVISIONS
additional insureds by separate attached endorsement as respects liability arising out of action
performed by or on behalf of the contractor, products and completed operations of the contractor,
premises owned, occupied or used by the contractor; or automobiles owned, leased or borrowed by the
contraotor. The coverage contains no special limitations on the scope of protection afforded to the
cityof Huntington Beach, its agents, officials and employees.
coverage
policy.
ENSURED
cell co Partnership
d/b/a verizon wireless
180 Washington valley Road
Bedminster NJ 07921 USA
Certificate No 570024375841
61712 (12/94)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ENDORSEMENT #
This endorsement, effective. 12:01 A.M. 06/30/2007 forms a part of
Policy No. GL 159-52-60 issued to CELLCO PARTNERSHIP DBA VERIZON WIRELESS
By AMERICAN HOME ASSURANCE COMPANY
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Section II - Who is an Insured, 1., is amended to add:
d) Any person or organization to whom you become obligated to include as an additional
insured under this policy, as a result of any contract or agreement you enter into which
requires you to furnish insurance to that person or organization of the type provided by
this policy, but only with respect to liability arising out of your operations or premises
owned by or rented to you. However, the insurance provided will not exceed the
lesser of:
1.The coverage and/or limits of this policy, or
2.The coverage and/or limits required by said contract or agreement.
AUTH ZED REPRESENTATIVE
INSURED'S COPY
RCA ROUTING SHEET
INITIATING DEPARTMENT:Economic Development Department
SUBJECT:Approve Use Authorization and Consent Agreement for
Co-location of Certain Telecommunication Equipment at
Warner Fire Station
COUNCIL MEETING DATE:September 17, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable)Attached
Not Applicable A
Resolution (w/exhibits & legislative draft if applicable)Attached
Not Applicable n
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable I
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) 02 enci '
Attached
Not Applicable
I
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Attached
Not Applicable
I
Certificates of Insurance (Approved by the City Attorney)Attached
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)Attached
Not Applicable @
Bonds (If applicable)Attached
Not Applicable r
Staff Report (If applicable)Attached
Not Applicable I
Commission, Board or Committee Report (If applicable)Attached
Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable
EXPLAIMATMN FOR \MMHG ATTACHMENTS
REVIEWED RETURNED FOR iv RDED
Administrative Staff ( )-Ir I ))
Deputy City Administrator (Initial)( )4°106-
City Administrator (Initial)( )( ii
City Clerk ( )
i.Lc f
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: Tina Krause ext. 1529
City of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 21, 2007
California Tower
do American Tower
ATTN: Land Management
10 Presidential Way
Woburn, MA 01801
To Whom It May Concern:
The City Council of the City of Huntington Beach at the meeting held
September 17, 2007, approved execution of the Use Authorization and Consent
Agreement Between the City of Huntington Beach and California Tower Inc., a
Delaware corporation for the co-location of certain telecommunication equipment on
City-owned property.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
e,d+110)
J L. Flynn, CMC
City Clerk
Enclosure
JF:pe
G:followup:agrmtltr/CoAging/jc
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-5227)