HomeMy WebLinkAboutCOX PCS ASSETS, LLC - 2000-07-05CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPINIENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: July 10, 2000
TO: Sprint PCS ATTENTION: Regional Director of Site
Name
4583.Chabot Drive, Suite 100 DEPARTMENT:
Street
Pleasanton, CA 94588 REGARDING: Site License Agreement
Ciry, state. Zip
See Attached Action Agenda Item E-7 Date of Approval 7-5-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page X
Agreement X
RCA
CC: M. Iamb
Real Estate
Name
Department
J. Reekstin
Admin. Serv.
Name
Department
Name
Department
Name
Department
C. Mendoza
X
Risk Management Dept.
X
RCA
x
RCA
Bonds
Deed
X
Agreement
X
Agreement
RCA Agreement
RCA Agreement
Insurance X
Other
x
Insurance Other
Insurance
. Other
Insurance
Other
Insurance
Other
X
Insurance
G Tollowup/Letters/coverltr
( Telephone: 714-53"227)
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Council/Agency Meeting Held: 7-5 = 00
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied- Cle Signature
Council Meeting Date: July 5, 2000 Department ID Number: AS 00-029
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY:
RAY SILVER, City AdministratorGJoV
--
PREPARED BY:
JOHN REEKSTIN, Director of Adminstrative Services ��
: �� r ,
SUBJECT:
APPROVE SITE LICENSE AGREEMENT BETWEEN THE .CITY OF'
HUNTINGTON BEACH AND COX PCS ASSETS,LLC. FOR-THL
INSTALLATION OF TELECOMMUNICATION FACILITIES AT
TALBERT PARK.
Statement of issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should Council approve and authorize the Mayor and City Clerk to
execute a Site License Agreement for a telecommunication facility between the City of
Huntington Beach and Cox PCS Assets, -LLC for the installation and maintenance of a
telecommunication facility at Talbert Park.
Fundinc Source:. Under the license terms, Cox PCS Assets, • LLC. assumes all
responsibility for any costs associated with the installation, maintenance, and liability of their
telecommunication facility. This licensed site at Talbert Park will generate $12,000 a year in
revenue to the city.
Recommended Action:
1. Approve and authorize the Mayor and City Clerk to execute the Site License Agreement
between the City of Huntington Beach and Cox PCS Assets, LLC allowing the installation
of a telecommunication facility at Talbert Park.
2. Authorize the Director of Administrative Services and City Clerk to approve and execute
additional Site License Agreements with Cox PCS Assets, LLC. for the installation of
telecommunications facilities on public property, upon City Attorney approval as to form
of said agreements or documents.
_Alto rnativa-Action(s):
1) Do not approve this Site License Agreement.
2) Direct staff to revise the license agreement and reconsider at a future date.
REQUEST FOR ACTIOP
MEETING HATE: July 5, 2000 DEPARTMENT ID NUMBER: AS 00-029
Analysis: Wireless telecommunications vendors have contacted the City to install
communication facilities at various locations throughout the city in order to complete either
countywide or statewide wireless networks.
In continuation of the City's existing practice to work with telecommunications vendors for
potential sites on City -owned property, this Site License Agreement and subsequent
agreements will facilitate revenue generation on City assets while maintaining that each
installation is properly integrated to the surrounding area and will ensure that the City
maintains proper control over that particular property. The Site License Agreement requires
that all conditions, -development- approvals, and building permits are completed and issued
prior to site development. Further, by moving to a License Agreement, rather than a Lease,
the telecommunication vendor gains no -possessory interest in the public property upon which
their facility will be located and ensures the City's title to the land remains unencumbered.
This particular site installation will go underneath an existing SCEdison Transmission Tower
and will not encumber any additional open space outside the boundaries of the tower. The
city policy is always to ensure that any installation creates little or no impact to the citizens'
enjoyment of their park facilities.
Environmental Status: None
Attachment(s):
Page Number No.
City Clerk's
RCA Author: Lamb, ext. 5445
Site License Agreement between the City of Huntington -Beach and
Cox PCS Assets, LLC. — Talbert Park
ired Certificates of Insurance
RCA Cox PCs - Talbert -2- 06126100 8:58 AM
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SITE LICENSE AGREEMENT
BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
COX PCS ASSETS, LLC
THIS SITE LICENSE AGREEMENT ("Agreement") is made and entered into this
5th of J121Y 2000, by and between the CITY OF HLNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter referred to as "Licensor", and
COX PCS ASSETS, LLC, a Delaware limited liability company, hereinafter referred to
as "Licensee."
The parties hereto agree as follows:
ARTICLE I — TERM OF LICENSE
Section 1.01 Premises and Use
(a) Licensor owns the real property described in Exhibit "A", which is
commonly know as Talbert Park (the "Property"), attached hereto and
incorporated into this Agreement by this reference. Licensor grants to
Licensee the privilege to construct, maintain and operate communication
equipment, including radio frequency transmitting and receiving
equipment operating on various frequencies from 1850 to 1945 MHz,
batteries, utility lines, transmission lines, radio frequency transmitting and
receiving antennas, and supporting structures and improvements but not
including the pole and light standard ("Licensee's Facilities"), for
mobile/wireless telecommunications services on the licensed area
described in Exhibit "B" (the "Premises"), which is attached hereto and
incorporated into this Agreement by this reference.
(b) The right and permission of Licensee is subordinate to the prior and
paramount right of Licensor to use the Property in its entirety for public
purposes to which now it is and may, at the option of Licensor, be
devoted. Licensee undertakes and agrees to use the Premises and to
exercise this license at all times in such manner as will not unreasonably
interfere with the full use and enjoyment of the Property by Licensor.
(c) Licensee hereby acknowledges title to the Property is vested in Licensor
and agrees never to assail or resist the same, and further agrees that
Licensee's use and occupancy of the Premises shall be referable solely to
the permission herein given.
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Section 1.02 Condition Precedent
The installation, operation and maintenance of Licensee's Facilities on the Premises 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. This Agreement is contingent upon
Licensee or Licensee's assign obtaining all governmental permits'and approvals- enabling
Licensee, or its assigns, to construct and operate Licensee's Facilities on the Premises.
This contingency shall be deemed waived ninety (90) days after the date of this
Agreement unless Licensee provides Licensor written notice within the ninety (90) day
period that it is terminating the Agreement in light of its inability to obtain necessary
approvals. Licensee agrees that any additions or new construction to the Premises
previously permitted must be re -reviewed and approved in writing by Licensor, which
approval shall not be unreasonably withheld, prior to the addition or construction taking
place.
Section 1.03 Term
(a) The term of the Agreement for the Premises ("Terra") shall be for five (5)
years commencing with the issuance of a local building permit allowing
Licensee to construct its mobile/wireless communications facilities on the
Premises, or on August 1, 2000, whichever is earlier ("Commencement
Date"). Should Licensee fully and faithfully perform all terns and
conditions of this Agreement, Licensee shall have the right to extend the
Term of the Agreement for the Premises for three (3) additional terms
("Renewal Term") of five (5) years each. Each Renewal Term shall be on
the same terms and conditions set forth herein. Subject to the foregoing,
the Term of the Agreement shall automatically be extended for each
successive Renewal Term unless Licensee notifies Licensor or Licensor
notifies Licensee in writing of its intention not to extend at least six (6)
months prior to the expiration of the original Term or Renewal Term.
This Agreement shall be irrevocable by both parties during its stated term,
except as otherwise specifically set forth in this Agreement.
(b) Licensor may terminate this Agreement at any time following the adoption
by the State or Federal government of a law, rule, regulation or decision to
the effect that due (in whole or in part) to Licensor having entered into this
Agreement, that Licensor is required to allow additional antennas or
towers (of any sort or description) on its property. 'The rule proposed by
the Federal Communications Commission in 1999 in WT Docket-99-217
and CC Docket 96-98 (if applicable to cellular type towers or antennas)
would be such a rule, Licensor shall give Licensee a six (6) month period
from the date of such notice of termination to allow Licensee time to
relocate Licensee's Facilities to another location; provided that Licensee
takes no action to enforce or utilize any provisions of said adoption during
the relocation period.
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Section 1.04 Rent/Consideration
(a) Upon the Commencement Date, Licensee shall pay Licensor, as rent, the
sum of twelve thousand dollars ($12,000) per annum ("Rent"). Licensee
shall also pay six thousand five hundred dollars ($6,500) as an Agreement
initiation -fee within fifteen (15) days from the execution date -of the .
Agreement. The parties agree that this is a net Agreement intended to
assure Licensor the Rent reserved on an absolute net basis. In addition to
the Rent reserved above, Licensee shall pay to the parties entitled thereto
all taxes, assessments, insurance premiums, maintenance charges, and any
other charges, costs and expenses which are attributable to Licensee's use
of the Premises or Licensee's Facilities. Rent shall be payable on the first
day of each annual anniversary of the Commencement Date, in advance,
to Licensor at Licensor's address set forth herein. A late charge of ten
percent (10%) shall be applied after any payment hereunder is due but
unpaid. In addition, one and a half percent (1 '/M) interest per month
shall be added for each month payment hereunder is due but unpaid.
(b) For any Renewal Term, Licensee shall pay the then current Rent,
increased by fifteen percent (15%).
(c) Any holding over after the expiration of the Term or Renewed Term, with
or without the consent of Licensor, shall be construed to be an extension
from month to month at one point five (1.5) times the rents herein
specified and shall otherwise be on the conditions herein specified, so far
as applicable.
(d) The Rent set forth in this Section shall be multiplied by the factor (2, 3, 4
and so on) set forth below if Licensor over its objection is required to
allow Licensee any additional equipment (of any sort or description) on
the Property due (in whole or in part) to having entered into this
Agreement.
First 30 sq. ft. Rent x 2
Second addition of 30 sq. ft. Rent x 3
Third addition of 30 sq. ft. - Rent x 4
N'th addition of 30 sq. ft. Rent x (N+I)
Every addition of thirty square feet (30 sq. ft.) shall be treated
individually, e.g., 75 sq. ft. equals a third addition, such that the -Rent is
multiplied times four.
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Section 1.05 Performance Bond
On or before the Commencement Date, Licensee shall deposit with Licensor a
performance bond from a Licensor approved surety company in the amount of three -
thousand dollars (S3,000). The performance bond shall be held by Licensor, without
liability for interest, as security for the faithful performance by Licensee of all the terms,•
covenants, and conditions of this Agreement to be kept and performed by Licensee
during the Term or any Renewal Term(s) of this Agreement, or any extension thereof,
and including the removal of Licensee's Facilities as set forth herein. This performance
bond must be approved by Licensor's attorney.
Section 1.06 Non -Possessory Interest
Licensor retains full possession of the Premises and Licensee will not acquire any interest
temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement,
or by the exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision by Licensee will immediately void and
terminate this Agreement.
Section 1.07 Non -Recording
Licensee will not record this Agreement.
ARTICLE 2 —'TAXES AND UTILITIES
Section 2.01 Taxes '
Licensee shall pay before they become delinquent all taxes, assessments or other charges
levied or imposed by any government entity on Licensee's Facilities or on the Premises.
If such taxes are not assessed separately to Licensee, Licensor shall provide Licensee
with evidence, reasonably acceptable to Licensee, of such tax assessment and the amount
due, which is attributable to Licensee's Facilities.
Section 2.02 Utilities
(a) Licensee shall pay for all utilities furnished to the Premises for the use,
operation and maintenance of Licensee's Facilities during the entire Term and
any Renewal Term(s) of this Agreement, or any extension thereof. Licensee
shall hold harmless Licensor from all such charges.
(b) Licensee shall have the right to install underground utilities and to improve the
present utilities on or near the Premises and to install aboveground emergency
back-up power, all at Licensee's sole cost and expense. Subject to Licensor's
prior written approval of the locations, which approval shall not be
unreasonably withheld, Licensee shall have the right to place underground
utilities on Licensor's Property in order to service the Premises and Licensee's
Facilities. Licensee shall be responsible to relocate underground utilities or
other substructures at Licensee's sole cost and expense no more than one (1)
time per 5-year Term within forty-five (45) days after receiving written notice
from Licensor.
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ARTICLE 3 — IMPROVEMENTS AND ACCESS
Section 3.01 Licensee's Facilities
(a) Licensee shall have the right to construct, maintain and operate Licensee's
Facilities on the Premises. In connection therewith, Licensee, after prior
written approval of Licensor, which approval shall not be unreasonably
withheld, through the appropriate permit or approval process, shall have
the right to do all work necessary to prepare, add, maintain and alter the
Premises for Licensee's communications operations and to install
underground utility lines and transmission lines connecting antennas to
transmitters and receivers.
(b) All of Licensee's construction and installation work shall be performed at
Licensee's sole cost and expense and in a good and workmanlike manner.
Licensee shall hold title to Licensee's Facilities and any equipment placed
on the Premises by Licensee. All of Licensee's Facilities shall remain the
property of Licensee and are not fixtures. Licensee has the right to
remove all of Licensee's Facilities at its sole cost and expense on or before
the expiration or termination of this Agreement; provided that such
removal shall be done in a workmanlike and careful manner and without
interference or damage to any other equipment, structures or operations on
the Premises or the Property, including the use of the Premises or Property
by Licensor or any of Licensor's licensees, assignees or lessees. Licensee
shall repair any damage to the Premises caused by such removal and will
leave the Premises'in satisfactory condition as reasonably approved in
writing by Licensor. Upon termination of this Agreement, removal of
poles where non -Licensee's equipment is installed shall occur only with
Licensor's prior ,,kTitten consent. In all other cases, Licensee shall be
required to remove all its facilities, including foundations, and, if Licensee
fails to do so within sixty (60) days after receiving written notice from
Licensor that it must remove its facilities, Licensor may elect to do so at
Licensee's sole cost and expense or elect to not remove such facilities, in
which case, such facilities shall become the property of Licensor, at
Licensor's option. Any personal property, equipment or other
improvements which are not removed within such sixty-day period shall
become the property of Licensor, at Licensor's option. Licensor's
obligation to pay Rent shall not cease during the sixty-day period referred
to herein, unless and until the facilities and equipment that Licensee must
remove, are removed.
(c) Each party shall provide access to the Premises to the other party, and its
employees, agents, contractors and subcontractors, twenty-four (24) hours
a day, seven (7) days a week or as designated in permit approvals. Except
in the case of emergencies, Licensor shall give Licensee forty-eight (48)
hours notice prior to entry into the Premises. Licensor represents and
warrants that it has full rights of ingress and egress to and from the
Premises, and hereby grants such rights to Licensee to the extent required
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to construct, maintain, install, and operate Licensee's Facilities on the
Premises. Licensee's exercise of such rights shall not cause undue
inconvenience to Licensor.
(d) Licensee shall, at its sole cost and expense, maintain and repair the
Premises and Licensee's Facilities including, but not limited to, the
removal of all trash, debris and graffiti. If Licensee causes any damage to
the Property, to the Premises or to access roadways or other nearby
facilities, it shall promptly repair same as specified by Licensor.
(e) The Premises to be used by Licensee is contained within a designated park
as specified byLicensor. Licensee shall be responsible to coordinate all
construction and extraordinary activities with the Park Maintenance
Supervisor prior to commencement of such activities and to obtain the
prior written approval of the Park Maintenance Supervisor, which
approval shall not be unreasonably withheld, conditioned, or delayed. The
use of a vehicle greater than 3/4 ton within a designated Park by Licensee
shall require coordination with the Park Maintenance Supervisor.
(#} Upon the expiration or termination of this Agreement, Licensee shall
surrender the Premises to Licensor in good and clean condition, less
ordinary wear and tear, and as reasonably approved in writing by
Licensor.
Section 3.02 Liens
Licensee will not permit any mechanics' or materialmens' or other liens to stand against
the Premises by reason of any use or occupancy by Licensee, or any person rightfully
claiming under Licensee. If Licensee desires to contest any such lien, then prior to
commencing such contest, it will furnish Licensor with a bond to secure the payment of
such obligation and obtain the Licensor's prior written approval of the bond, which
approval will not be unreasonably withheld.
ARTICLE 4 - INTERFERENCE
Section 4.01
(a) During the installation of Licensee's Facilities, Licensee shall cooperate with
Licensor's representatives, which may monitor the installation of Licensee's
Facilities.
(b) Licensee's Facilities shall not disturb the communications configuration
equipment and frequency that exist on the Property on the commencement
date of operation of Licensee's Facilities. Licensee's operations shall not
interfere with any of Licensor's communications operations on a citywide
basis, either current of future. All operations by Licensee shall be lawful and
in compliance with all applicable laws, including all applicable Federal
Communications Commission requirements. Licensor shall not permit the
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use of any portion of the Property which interferes in any way with the
communications operation of Licensee, provided that if the third party's
communications operation were installed prior to Licensee's Facilities, the
Licensee's Facilities shall not interfere with the third party's communications
operations. The final determination of this interference rests solely with
Licensor. In the event Licensor determines that a third party's operation
contained within Licensor's Property does not interfere with Licensee's
communications operation (provided Licensee's Facilities were installed
prior to the third party's communications operation), and Licensee is still
experiencing interference, Licensee shall have the right to hire, at Licensee's
sole cost and expense, a non-affiliated, third party consultant that is an expert
in radio frequency interference issues ("Expert") to determine the source of
such interference. This Expert shall determine the source of such
interference, and will recommend in writing to the parties an appropriate
course of action to eliminate the interference with Licensee's Facilities. If
the Expert determines that a third party's operation does interfere with
Licensee's communications operations, Licensor shall enforce the provisions
of this Section, and mandate the elimination of the third party's interference
which is contained within the Licensor's Property.
(c) Subsequent to the installation of Licensee's Facilities, Licensor and Licensee
shall notify the other party thirty (30) days prior to the use or installation of
any equipment on the Property which may interfere with Licensee's Facilities
or Licensor's facilities or its equipment. Licensor shall require any third
party installing communications facilities on the Property to submit plans for
Licensee's review prior to constructing its facilities. Licensee may review
the plans for interference issues and may submit, within ten (10) business
days after receiving such plans, specific comments to be resolved by
Licensor.
(d) If Licensee or Licensor breach its obligations under this Article 4, the party
breaching its obligations, upon receiving written notice from the other party
of any such breach shall take all steps necessary to correct and eliminate such
interference. If Licensee breaches its obligation, Licensee shall without
limitation modify its equipment and/or antennas or remove its equipment
and/or antennas from any facilities or towers. If Licensee cannot correct
such harmful interference within thirty (30) days, Licensor shall have the
right, in addition to any other rights that it might have at law or in equity, to
terminate this Agreement. Upon such termination, Licensor shall return any
unearned Rent to Licensee after final inspection and receipt of the Premises
from Licensee.
(e) If Licensor breaches its obligation, Licensor shall without limitation, enforce
provisions in any license or other agreement between Licensor and the
persons or entities causing such harmful interference, pursuant to which
Licensor may compel such persons or entities to cease operation, modify
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their equipment and/or antennas, or remove their equipment and/or antennas
from any facilities or towers owned or leased and/or managed by Licensor on
the Property. If Licensor cannot correct such harmful interference within
thirty (30) days, Licensee shall have the right, in addition to any other rights
that it may have at law or in equity, to terminate the Agreement. Upon such
termination, Licensor shall return any unearned Rent to Licensee after final
inspection and receipt of the Premises from Licensee.
ARTICLE 5 — INDEMNITY AND INSURANCE
Section 5.01 Indemnification, Defense, Hold Harmless
Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its
officers, officials, and employees, and agents from and against any and all liability, loss,
damage, expenses, costs (including without limitation costs and fees of litigation of every
nature) arising out of or in connection with Licensee's performance of this Agreement or
Licensee's failure to comply with any of Licensee's obligations contained in the
Agreement by Licensee, its officers, agents or employees except such loss or damage
which was caused by the sole negligence or willful misconduct of Licensor. In the event
Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall
represent Licensor in such legal action unless Licensor undertakes to represent itself as
codefendant in such legal action, in which event Licensor shall bear. its own Iitigation
costs, expenses and attorney's fees. In the event judgment is entered against Licensor
because of the negligence of Licensor, its officers, agents or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment. Licensee shall reimburse
Licensor for all costs and attorney's fees incurred by Licensor in enforcing this Section.
Section 5.02 Worker's Compensation Insurance
Licensee shall maintain worker's 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, two
hundred fifty thousand dollars ($250,000) bodily injury by disease, policy limit.
Licensee shall require all sublicensees to provide such worker's compensation insurance
for all of the sublicensees employees. Licensee shall furnish to Licensor a certificate of
waiver of subrogation under the terms of the worker's compensation insurance and
Licensee shall similarly require all sublicensees to waive subrogation.
Section 5.03 General Liability Insurance
In addition to. the worker's compensation insurance and Licensee's covenant to
indemnify Licensor, Licensee shall obtain and furnish to Licensor, a policy of general
public liability insurance, including motor vehicle coverage covering the Premises and
Licensee's Facilities. The policy shall indemnify Licensee and Licensor, their officers,
agents and employees, while acting within the scope of their duties, against any and all
claims arising out of or in connection with the Premises and Licensee's Facilities, and
shall provide coverage in not less than the following amount: combined single limit
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bodily injury, personal injury and property damage, including products/completed
operations liability and blanket contractual liability, of one million dollars ($1,000,000)
per occurrence. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than one million dollars
(S 1,000,000) for the Premises. The policy shall name Licensor, its agents, officers,
employees and volunteers as Additional Insureds, and. shall specifically provide that any
insurance Coverage which may be applicable to the Premises and Licensee's Facilities
shall be deemed excess coverage and that Licensee's insurance shall be primary. Under
no circumstances shall the above -mentioned insurance contain a self -insured retention, or
a "deductible" or any other similar form of limitation on the required coverage. No
cancellation provision in any insurance policy shall be construed in derogation of the
continuous duty of Licensee to furnish insurance during the entire Term or any Renewal
Term(s) of this Agreement.
Section 5.04 Property Insurance
Licensee shall provide before entering the Premises and shall maintain in force during the
entire Term or any Renewal Term(s) of this Agreement, property insurance with
extended coverage endorsements thereon, on the Premises in an amount equal to the full
replacement cost and/or value thereof; this policy shall be on a replacement cost basis and
shall not contain a coinsurance penalty provision. In the event of loss, the policy
proceeds shall be used to repair or rebuild any such improvements so damaged or
destroyed; and if not so used, such proceeds shall be paid to Licensor. The proceeds of
any such insurance payable to Licensor shall be used for rebuilding or repair as necessary
to restore the Premises and at the discretion of Licensor. The policy shall name Licensor
as an Additional Insured.
The policy or policies shall also contain the following:
I . The insurer will not cancel or reduce the insured's coverage without
thirty (30) days prior written notice to Licensor; and
2. Licensor will not be responsible for premiums or assessments on the
policy.
A complete and signed certificate of insurance required by this Section shall be filed with
Licensor prior to the execution of this Agreement. At least thirty.(30) days prior to the
expiration of any such policy, a signed and complete certification of insurance showing
that coverage has been renewed, shall be filed with Licensor. Upon request, Licensee
shall furnish Licensor a certified copy of the policy within fifteen (1 5) days.
Section 5.05 Certificates of Insurance; Additional Insured Endorsements
Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of
insurance to each of Licensee's insurance policies, and the additional insured
endorsement for the general liability policy, subject to approval of the City Attorney,
evidencing the foregoing insurance coverages as required by this Agreement; these
certificates shall:
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provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
shall promise to provide that such policies will not be canceled, suspended,
voided, reduced in.coverage:or. in limits, or modified without thirty (30) days
prior written notice of Licensor; and shall state as follows:
"The above detailed coverage is not subject to any deductible or
self -insured retention, or any od:er form of similar type limitation. "
Licensee shall maintain the foregoing insurance coverages in force throughout the entire
term of this Agreement. The requirement for carrying the foregoing insurance coverages
shall not derogate from the provisions for indemnification of Licensor by Licensee under
the Agreement. Licensor or its representatives shall at all times have the right to demand
the original or a copy of all these policies of insurance, which Licensee shall provide
within fifteen (15) days of Licensor's request.
ARTICLE 6 — TERMItiATION AND DEFAULT
Section 6.01 Termination in the Event of Casualty or Condemnation
(a) In the event of any damage, destruction or condemnation of the Premises,
which renders the Premises unusable or inoperable in Licenser's and
Licensee's reasonable judgment, Licensee shall have the right, but not the
obligation, to terminate the Agreement with respect to the subject Premises
by giving written notice to Licensor within thirty (30) days after such
damage, destruction or condemnation, if by virtue of such casualty or
condemnation, Licensor and Licensee reasonably determine that the Premises
are no longer adequate for Licensee 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, destruction or
condemnation.
(b) In the event of condemnation, unless Licensee is allowed by the condemning
authority to continue its operations on the Premises, the Agreement shall
terminate as of the date title to the Property vests in the condemning
authority or Licensee is required to cease its operations, whichever is earlier.
If any property described herein or hereinafter added hereto is taken in
eminent domain, the entire award shall be paid to Licensor.
Section 6.02 Termination
(a) This Agreement may be terminated 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
Page 10 of 17 051,19/00
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•
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default is ten (10) days from receipt of notice, or (2) by Licensee if Licensee
is unable to occupy and utilize the Premises due to any action of the Federal
Communications Commission, including without limitation, a take back of
channels or change in frequencies.
(b) Licensor may terminate this Agreement after the completion of the original
Term upon one hundred eighty (180) days written notice due to the
implementation of a revitalization plan affecting the Licensee's operation.
Licensee 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 Licensee meets Licensor's reasonable requirements
pursuant to such revitalization plan. _
(c) Licensor shall have at its sole discretion the option of terminating this
Agreement if Licensee loses its license to provide PCS/cellular services for
any reason, including, but not limited to, nonrenewal, cancellation, or
expiration of its license.
(d) Licensee shall have the right to exercise a buyout option ("Buyout") in which
Licensee desiring to terminate this Agreement may remit to Licensor the sum
of one (1) year's rent. Upon written acceptance, which will not be
unreasonably withheld, by Licensor of the Buyout, this Agreement will be
terminated. Licensee will be required to faithfully execute all terms and
conditions as stated herein prior to termination. This Buyout will remain in
effect in subsequent Renewal Terms with the remittance Yequired by Licensor
being reduced by three (3) months rent per Renewal Term until the minimum
remittance of six (6) months is reached.
ARTICLE 7 — ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 7.01 Permitted Assignment
Licensee may assign this Agreement to any wholly -owned affiliate of Licensee or
Licensee's parent, provided such affiliate has a net worth (after debt) of at least fifty
million dollars ($50,000,000.00), or to Licensee's parent, with at least sixty (60) days.
written notice to Licensor. Any other assignment requires Licensoe's prior written
consent. Except as provided above, this Agreement is personal to Licensee, and Licensee
will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in
part, and any attempt to do so will be void and confer no right on any third party.
Section 7.02 Abandonment by Lessee
Should Licensee breach this Agreement and abandon the Premises prior to the expiration
of the Term or any Renewal Term, Licensor may:
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(a) Continue this License in effect by not terminating Licensee's right to the
Premises, in which event Licensor shall be entitled to enforce all its rights
and remedies under this Agreement, including the right to recover the Rent
as it becomes due under this Agreement; or
(b) Terminate this Agreement and recover from Licensee:
1. The worth at the time of award of the unpaid Rent which has been
earned or the sum of twelve (12) month's rent, whichever is greater, at
the time of termination of the Agreement; and
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
Agreement until the time of award exceeds the amount of rental loss
that Licensee proves could have been reasonably avoided; and
3. The worth at the time of award of the amount by which the unpaid
Rent for the balance of the Term or Renewal Term of this Agreement
after the time of award exceeds the amount of rental loss that Licensee
proves could be reasonably avoided; and
4. Any other amount necessary to compensate Licensor for all detriment
proximately caused by Licensee's failure to perform its obligations
under this Agreement.
Section 7.03 Default by Licensee
Should Licensee default in the performance of any of the terms, conditions, or obligations
contained in the Agreement, Licensor may, in addition to the remedy specified in Section
7.02 of this License, re-enter and regain possession of the Premises in the manner
provided by the laws of the State of California then in effect.
Section 7.04 Insolvency of Licensee
The insolvency of Licensee as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of Licensee, or the making of a general
assignment for the benefit of creditors by Licensee, or the filing of a petition in
bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain
possession of the Premises.
Section 7.05 Cumulative Remedies
The remedies given to Licensor in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere
provided in this Agreement.
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Section 7.06 Waiver of Breach
The waiver by Licensor of any breach by Licensee of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
by Licensee either of the same or another provision of this Agreement.
ARTICLE 8 -- QUIET ENJOYMENT
Section 8.01
Licensor warrants that: (1) Licensor owns the Property in fee simple and has rights of
access thereto; (2) Licensor has full rights to make this Agreement; and (3) Licensor
covenants and agrees with Licensee that upon Licensee paying the Rent and observing
and performing all the terms, covenants and conditions on Licensee's part to be observed
and performed, Licensee may peacefully and quietly enjoy its use of the Premises;
subject, nevertheless, to the terms and conditions of this Agreement.
ARTICLE 9 —HAZARDOUS MATERIALS
Section 9.01
Licensee represents and warrants that its use of the Premises herein will not generate any
hazardous substance, and it will not store or dispose on the Premises nor transport to or
over the Premises any hazardous substance. Licensee further agrees to clean-up and
remediate any such hazardous substance on the Premises and Property, and hold Licensor
harmless from and indemnify Licensor against any release of any such hazardous
substance and any damage, loss, or expense or liability resulting from such release
including all attorneys' fees, costs and penalties incurred as a result thereof except any
release caused by the negligence of Licensor, its employees or agents. "Hazardous
substance"° shall be interpreted broadly to mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental
law, regulation or rule presently in effect or promulgated in the future, as such laws,
regulations or rules may be amended from time to time; and it shall be interpreted to
include, but not be limited to, any substance which after release into the environment will
or may reasonably be anticipated to cause sickness, death or disease.
ARTICLE 10 —MISCELLANEOUS
Section 10.01 Force Majeure — Unavoidable Delays
Should the performance of any act required by this Agreement to be performed by either
Licensor or Licensee 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
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•
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will be excused, provided, however, that nothing contained in this Section shall excuse
the prompt payment of Rent by Licensee as required by this Agreement or the
performance of any act rendered difficult solely because of the financial condition of the
party, Licensor or Licensee, required to perform the act.
Section 10.02 Notice
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 LICENSOR: TO LICENSEE:
REAL ESTATE MANAGER SPRINT PCS
CITY OF HUNTINGTON BEACH Attn: Regional Director of Site
Development, West
2000 Main Street 4583 Chabot Drive, Suite 100
Huntington Beach, CA 92648 Pleasanton, CA 94588
Phone: (714) 536-5445 Phone: (925)351-3392
2nd COPY TO LICENSOR:
CITY CLERK
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Licensor or Licensee may from time to time designate any other address for this purpose
by written notice to the other party.
Section 10.03 Compliance with Laws
Licensee shall at Licensee's sole cost and expense comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state and
county and municipal, relating to Licensee's use and occupancy of the Premises and
Licensee's Facilities 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 Licensee in a proceeding brought against Licensee by any
government entity, that Licensee has violated any such statue, ordinance, regulation, or.
requirement shall be conclusive as between Licensor and Licensee and shall be ground
for termination of this Agreement by Licensor. Licensee will obtain all permits and other
governmental approvals required in connection with Licensee's activities hereunder.
Section 10.04 Binding on Heirs and Successors
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this
Section shall not be deemed to be a waiver of any of the conditions against assignment
set forth herein.
Page 14 of 17 05/19100
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Section 10.05 Partial Invalidity
Should any provision of this Agreement be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement 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 10.06 Waste or Nuisance
Licensee shall not commit or permit the commission by others of any waste on the
Premises. Licensee shall not maintain, commit, or permit the maintenance or
commission of any nuisance as defined in Section 3479 and/or Section 3480 of the
California Civil Code on the Premises; and Licensee shall not use or permit the use of the
Premises for any unlawful purpose.
Section 10.07 Time of Essence
Time is expressly declared to be the essence of this Agreement.
Section 10.08 Governing Law
This Agreement shall be governed under the laws of the State of California.
Section 10.09 Survival
Terms and conditions of this Agreement which by their sense and context survive the
termination or expiration of this Agreement, shall so survive.
Section 10.10 Public Necessity -
Licensor may, upon six (6) months notice in writing to Licensee, suspend or revoke this
Agreement without liability to Licensee when public necessity so requires, or suspend
operation immediately hereunder temporarily in the event of public emergency, as may
be determined by the City Administrator. Such suspension will terminate when the
public necessity or emergency no longer exists.
Section 10.11 Conflict of Interest
Licensee, to the best of its knowledge, warrants and covenants that no official or
employee of Licensor nor any business entity in which an official or employee of
Licensor is interested (1) has been employed or retained to solicit or aid in the procuring
of this Agreement; or (2) will be employed in the performance of this Agreement without
the immediate divulgence of such fact to Licensor. In the event Licensor determines that
the employment of any such official, employee or business entity is not compatible with
such official's or employee's duties as an official or employee of Licensor, Licensee,
upon request of Licensor, shall terminate such employment immediately. For breaches or
violations of this Section, Licensor shall have the right both to annul this Agreement
without liability, and, in its discretion, recover the full amount of any such compensation
paid to such official, employee or business entity.
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Section 10.12 Attorney's Fees
In the event suit is brought by either party.to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
Section 10.13 Sole and Only Agreement
This Agreement constitutes the entire agreement and understanding between Licensor
and Licensee respecting the Premises, the licensing of the Premises to Licensee, or the
license term herein specified, and correctly sets forth the obligations of Licensor and
Licensee to each other as of its date. Any agreements or representations respecting the
Premises or their licensing between the parties not expressly set forth in this document
are null and void. This Agreement or any part of it may not be changed, altered,
modified, limited or extended orally or by any agreement between the parties, unless such
agreement is expressed in writing, signed and acknowledged by Licensor and Licensee,
or their successors in interest. This Agreement supercedes any and all prior agreements,
written or verbal, between the parties respecting the Premises.
Section 10.14 Captions
Captions used in this Agreement are for ease of reference only and shall not affect the
construction or interpretation of this Agreement.
BALANCE OF PA GEINTENTIONALL Y LEFT BLANK
SIGYVATUIZES ON NEXT PAGE
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DO NOT RECORD
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above.
LICENSEE:
COX PCS ASSETS, LLC,
a Delaware limited liability company
LICENSOR:
CITY OF HL-1NTDZGT0N BEACH, a
municipal corporation of the State of
California
By: ! ~
CoxCommunirolloi PCS,t.P. Or fa
Illichul Todd Mayor
bireelor silo Del elopment
print name
ITS: (circle one) Chairman of the
Board/President/Any Vice President
By:
Jnu� Cl�l? nnA� -
print name
ITS: (circle one) Secretary/Chief Financial
Officer 6rsst. ecrewv Trl ast=r
K&M ell 'j//' -
VW fts dent, Sb DMOMed
REVIEWED AND APPROVED:
6252e2 si,2p 1
Administrator
ATTEST:
City Clerk 077- I*—vf
AS TO FORM:
b 12-61 z•�'
City Attorney
INITIATED AND APPROVED:
�/Z
Di ector of Administrative Services
Page 17 of 17 05/19/00
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EXHIBIT A
LEGAL DESCRIPTION
TALBERT PARK
The- South 200 feet of the Northwest quarter of the Northwest quarter of Section 6, Township 6
South, Range 10' West, in the Rancho Los Bolsas, in the City of Huntington Beach, County of
Oange, State of California, as shown on a map recorded in Book 51, Page 14 of Miscellaneous
Maps, records of said Orange County.
Excepting therefrom the portion conveyed to Orange County Flood Control District by deed
recorded March 16, 1961 in Book 5657, Page 674 of Official Records.
Also excepting therefrom that portion of said land granted to the Orange County Flood Control
District by deed recorded April 7, 1970 in Book 9257, Page 471 of Official Records and more
particularly described as follows:
Beginning at the intersection of the South line of said South 200 feet with the West line of the land
described in the deed to the Orange County Flood Control District, recorded March 16, 1961 in
Book 5657, Page 674 of Official records, in the office of said County Recorder; thence North 0°
40' 29" West, 200 feet along said West line to the North line of the said South 200 feet; thence
South 890 34' 16" West, 16 feet along said North line to a line which is parallel with and Westerly
16 feet from said West line; thence South 0° 40' 29" East, 130 feet along said parallel line; thence
South 14' 31' 42" West, 72.45 feet to a point on said South line, distant thereon South 89' 34' 16"
West, 35.00 feet from the point of beginning; thence North 890 34' 16" East, 35.00 feet along said
South line to the point of beginning.
C�
EXHIBIT B
DESCRIPTION OF THE PRENUSES
See the attached Site Plans identified as OG35XC190B
1) Title Sheet, sheet number T-1, dated 01/07/00
2) Site Survey, sheet number LS1, dated 01/07/00
3) Site Plan, sheet number Al, dated 01/07/00
4) Elevations, sheet number A2, dated 01/07/00
5) Site Detail & EIevations, sheet number A3, dated 01/07/00
Exhibit B, page 1 of 6
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TALBERT PARK
OG35XC190B
TALBERT PARK, SCE TOWER
HUNTINGTON BEACH, CA. 92648
ORANGE COUNTY
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POLICIES LISTED HEREIN.
MARSH USA, INC.
COMPANY
2406 GRAND BOULEVARD
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FACTORY MUTUAL INSURANCE COMPANY
KANSAB CITY, MO $4141.0106
SUE O'COHNOR, 515-556.4270
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THIS IS TO CEiQTIPY ro4 AT PMO aS OP INSURANCE L13"D HERM HAVE BEEN ISSUED TO THE INIURED NAMED HEREIN FOR TNI! POLICY PEWD INDICATED.
NOrMTMSTANDING ANY REQU NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R95PECT TO WNCH THE CERYWrATE MAY
Btd 1SSUM OR FAY PERTASN, THE INSURANCE AFFORDED EY THE POLICA4 LISTED FIER904I5 SLiLMCT TO ALL THE TERMS, CONNTIONS AND VMLUSIONS
OF SUCH POLF>OES. LW" SHOWN MAY HAIR 8"N RMUEd 9Y PAID CIA W8.
PRA"
AMOUNT OF IMYIIRAFICE
All Risk, Full Replacement Cost
Not greater than
.$r' r••..•..Gi" 3;�i'
,Y"5{�Sa.x �Y� i .L� iM.n+3!
B: BUIlderS RISK Insuranoe�
A?p;;OVED AS TO FORMn
G,11L HJT TON, City Attorne$
By., Deputy City Atto eZ
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r, i,..s R,Ma: •w \�
SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING
COVERAGE WILL VW*J } MAIL 90 DAYS WRITTEN NOTICE TO TFIE CERTIFICATE 1400ER NAMCO HEREIN, t X"KNOEM
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CERTIFICATE HOL�i#i
City of Huntington Beach
Attn: Real Estate Manager
2000 Main Street
w
Huntington Beach, CA 92648
•
s EARam :C�?�S�
• ....,�.s�...,..w..----i •..`•.r.r...i.n...n.� ...k y:�'r-e:�..ou"r.R.....•,+w ,..cw-r...u-www. M^...,.r w...•k.4.ai.wa!•aw+..•,..►, «.kw�•-.:-•.•.r.+fr _
".AV.R� w 1�1C:1� u"�yn.•� "�.�qM..M y..,s �.w�y yam awn••..+..• r.{��,+y� ••,p•� i.+...h•......+..••.$�".'•"...i."w,F..•.'.�w.d"•'."-!""!+�r: �
Iw.'`�+':.�'".++c4=%�•YY �..�:1Mi,Fk'-tii.�' .Mi u..M r+tlW...:,WYi:V..,ti:Wyii:l:b:i.l::r'Vir°S .'�i\A•N/WIIR. y�.irs :. w-1 � Y. ��:
JUN-26-2000 14:41
97i P.02
09'-06 JUN 21, 2000
ACOR-D. CERTIFII
PRODUCER
LOCKTON COMPANIES
444 W. 4TTH STREET, SUITE 900
(816) 960-9000
KANSAS CITY MO 64112-1906
INSURED SPRIN' SPECTRUM I_.P1
15979 COX PCS ASSETS, L.L.C.
4900 MAIN STREET
KANSAS CITY, MC 641 i2
r.T.1T,I:l:],Trl: . n
#60322 PAGE:
GATE (MMIDDIYYI
E OF LIABILITY I NS U RA E 04/01/2002 06/06/2000
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
INSURERS AFFORDING COVERAGE
THE POLICIES OF INSURANCE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE (IF gU C
P
POL ICY EFFECTIVE
POLICY EXPIRATION
GENERAL
LIABILITY
EACH OCCURRENCE
FIRE g6MME LAny onefrm
A
COMMERCIALGENCRALLIABILITY
OL195923680
04/01/1999
04/01/2002
CLAIMS MADE ® OCCUR
MED EXP (Any one psrLmXXXXXXX
PERSONAL A ADV INJURY
GENERAL AGGREGATE
GFNL AGGREGATE L MIT APPLIES PER,
' PRODUCTS - COMP/OP AGG
PRa
POLICY
A
AUTOMOBILE
LIABILITY
ANY AUTO
BUA 195923758 (AOS)
04/01/1999
04/01/2002
COMBINED SINGLE LIMIT
2,000,000
BODILYINJI.Iw
(Per persm)
5 xxxxxxx
ALLOWNEDAUTOS
SCHEDULED AUTOS
BUA 195923897(TX)
04/01/1999
04/01/2002
HIRED ALTOS
NON -OWNED ALTOS
Ai'PROI T.;D .
('irAIL IIL►'1 TI
_S TO FORM
111, City Lt
;OrneZ
(f� mw no Y
$ xxxxx x
By:, D6 ]ut
f City Atto
PROPERTY DAMAGE
}
XXXXXXx
O
AGE LIABILITY
ANY AUTO
NOT APPLICABLE
2�
Aura ONLY- EA ACCIDENT
:
OTHER THAN AC
ALTO ONLY. AGG
I
yy
EXCESS LIABILITY
OCCUR CLAIMS MADE
NOT APPLICABLE
EACH OCCURRENCE
AGGREGATE
❑ UIYSR
DEDUCTIBLE FgFXUE
RETENTION
A
WORKERS COMPENSATION AND
WC195923663 (AOS)
D4/0111999
04/01/2002 I
WCSTATU• OH_
MT
E.L. EACH ACCIDENT
s I 0IM000
EMPLGYERTLIABILITY
WC 195923713(OR,WI)
04/01/1999
04/01/20C2
E.L. DISEASE-EAEMPLO
B
WC195923713(NV)
07/01/1999
04/01/20G2
E.L. DISEASE - POLICY UMT
OTHER
STATFS
DESCRIPTION Of OPERATIONSI.GCATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENTfSPECAL PROVISIONS
THE CITY OF HUNTINUTON BEACH, ITS OFFICERS, AGENTS, EMPLOYEES & VOLUNTEERS ARE AADIT:ONAL INSUREDS ON A PRIMARY
BASIS AS RESPECTS LIABaJTY COVERAGE, AND SUBROGATION IS WAIVED FOR WORK.CONIP., ONLY AS REQUIRED BY CONTRACT.
LEASED LOCATION -- APN: 15343232, HUNTINGTON BEACH, CA SITE ID: OG35XC190
963728 CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLIC ES BE CANCELLED BEFORE T►IE EXPIRATION
ATTN MATT LAMB - DATE THEREOF, THE ISSUING INSURER WILL adWAAMR-10-MAIL 30 DAYS WRITTEN
2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
HUNTINGTON BEACH, CA 92648
RNTaswS.�
AUTHORIZED REPRESENTATIVE
ACORD 25-6 (7187)
o ACORD CORPORATION 1989
JUN-21-2000 0?:05 96% P.02
09:07 J;JN 21, 2000 #60322 PAGE: 3/3
+POI ICY NUMBER: GL143680 COMMERCLAENERAL LIABILITY bco" 10
ENDT. P7 CG 2010 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED --- OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS, EMPLOYEES & VOLUNTEERS.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.
963728
CG 20 10 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1
6121100
JUN-21-2000 07:05 96% P.03
RCA*ROUTING tHEET
INITIATING DEPARTMENT:
_ . Administrative Services
SUBJECT:
-APPROVE SITE LICENSE AGREEMENT WITH COX PCS
ASSETS - TALBERT_PARK f
COUNCIL MEETING DATE:
July 5, 2000
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey)
Not Attached (Explain)
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Attached (Explain)
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
Waiting for final approval of property insurance from City Attorney's Office
REVIEWED
RETURNED FORWARDED
Administrative Staff
{ ) ( }
Assistant City Administrator (Initial)
{ ) ( }
City Administrator (Initial)
City Clerk
{ )
EXPLANATION FOR RETURN OF. ITEM:
EAj CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk 11
To:
Date: �d�Z7 Y9 o Meetint; Date: % S V o Agenda Item; �%r / G S
PTQ=Sed!CijY Counc>t .Agenda Items: The City Clerks Office/City Administrators Office must return your
agenda item due to the following requirements that have not been mei/When your Agenda Item is ready to
resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration
i.
Signature(s) Needed \
A
On RCA \
B
On Agreement /
C
Other
2.
Attachments \ %
A
Missing \
B
Not identified A
C
Other
3.
Exhibits l `�
A
Missing
B
Not identified f
C
Other
4.
Insurance Certificate (Proof Of Insurance)
A
Not attached / \
B
Not approved by City Attorney's Office \
C
Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached)
5.
Wording On Request For Council Action (RCA) Unclear
A
Recommended Action on RCA not complete
B
Clarification needed on RCA
C
Other
6.
City Attorney Approval Required
7.
Agreement/Needs To Be Changed
A
Page No.
G at7andalmfsdrraform