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Pacific Bell Mobile Services dba Pacific Bell Wireless - 1999-04-19 (2)
Council/Agency Meeting Held: A? Deferred/Continued to: $rApproved ❑ Conditionally Approved ❑ Denied ,6;VTI/ C y Clerk's Signature Council Meeting Date: April 19, 1999 Department ID Number: FD 99-002 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: MICHAEL P. DOLDER, Fire Chief SUBJECT: APPROVE LICENSE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND PACIFIC BELL MOBILE SERVICES (d.b.a. "Pacific Bell Wireless") FOR INSTALLATION OF REPEATER ANTENNAS ON CITY HALL ROOFTOP Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council approve the License Agreement with Pacific Bell Mobile Services, doing business as (d.b.a.) "Pacific Bell Wireless," for the installation and maintenance of telecommunications facilities on the City Hall rooftop for the sole purpose of enhancing communications in the Police building? Funding Source: No funds from the City are required. Pacific Bell Wireless is responsible for all costs in the installation and maintenance of the antenna equipment. Recommended Action: MOTION TO: Approve and authorize the Mayor and City Clerk to execute a License Agreement Between the City of Huntington Beach and Pacific Bell Mobile Services for Repeater Antennas on the City Hall Rooftop. Alternative Action(s): Do not approve the license agreement. Analysis: The Police Department has purchased a number of PCS (digital) telephones which are also used as paging devices throughout the Police building. The closest Pacific Bell antenna site is on Beach Boulevard, but the City Hall building is between the Police building and the antenna site, effectively blocking the signal. This creates a problem for the Police Department in the use of their PCS telephones. � Z %QUEST FOR COUNCIL ACAN MEETING DATE: April 19, 1999 DEPARTMENT ID NUMBER: FD 99-002 Analysis: (continued) This agreement allows Pacific Bell Wireless to install two repeater antennas at City Hall, one each on the west and east sides of the building, at the rooftop. These antennas will pick up the signal from the Beach Boulevard site and repeat it (relay it) to the Police building to improve their in-building communications. Because this installation is for the sole benefit of the Police Department (although Pacific Bell customers inside the City Hall building may also benefit) the City is agreeing to allow the installation at no lease cost to the vendor. Pacific Bell Mobile Services currently has a Master lease Agreement with the City of Huntington Beach for the installation of wireless telecommunications faci[ities on City property. All of the required insurance documents are on file. Environmental Statys: None. Attachments : City Clerk's Page Number No. Description 1 License Agreement between the City of Huntington Beach and Pacific Bell Mobile Services for Repeater Antennas on the City Hall Rooftop. RCA Author: Keith 99-002 PacBell City Hall Site.doc -2- 04109/99 12:50 PM (13) • 04/19/99 - Councillency Agenda - Page 13 E-11. (City Council) Acceptance of the Oak View Library Expansion Project; CC-1047—Artek Construction — Notice of Completion/Authorize Funds for Division of State Architect Inspection by All-American Inspection (600.80) — 1. Accept the Oak View Library Expansion Project, CC-1047 at a final cost of$154,986.61 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. 2. Authorize an additional $9,000 to cover the costs associated with additional on-site Division of State Architect (DSA) Inspection performed by All-American Inspection. Submitted by the Economic Development Director [Approved 7-01 E-12. (City Council) Approve License Agreement Between City of Huntington Beach and Pacific Bell Mobile Services (d.b.a. "Pacific Bell Wireless") for Installation of Repeater Antennas on City Hall Rooftop (600.10) —Approve and authorize the Mayor and City Clerk to execute a License Agreement Between The City Of Huntington Beach And Pacific Bell Mobile Services For Repeater Antennas On The City Hall Rooftop. Submitted by the Fire Chief [Approved 7-0] E-13. (Redevelopment Agency) Refer Proposed Amendment to the Huntington Beach Redevelopment Plan to Planning Commission and PAC Authority Reclarding Use of Eminent Domain to Acquire Residential Properties in a Portion of Main-Pier Sub-Area (400.10) — Refer the Proposed 1999 Redevelopment Plan Amendment text to the Planning Commission and Project Area Committee for report and recommendation. Submitted by the Economic Development Director [Approved 7-01 E-14. (City Council/Redevelopment Agency) Approve Amendments to Action Taken by Council on March 28 1998 Relating to Reduction in the Number of Boards and Committees (110.10) — 1 Approve keeping the Historic Resources Board and the Allied Arts Board as separate boards. (See Attached Memo from Ron Hagan, Community Services Director dated 4/23/98). 2. Authorize disbanding the Film Committee and assign responsibility for issues relating to filming within the city to the Manager of Cultural & Events Services. 3. Authorize consolidation of the Youth Sports Facilities Committee, the Central Park Specific Plan & EIR Committee, and the Beach & Park Improvement District Committee into a single committee to be known as the Recreational Facilities Committee. 4. Direct staff to work with the Environmental Board on amending their by- laws to have one regular monthly meeting with the amended by-laws to be brought back to the City Council for approval no later than June 71h of this year. (See Attached Memo from Peter Vanek Assistant Planner dated 5119198). Submitted by the City Administrator [Approved 6-0-9 (Garofalo out of the room)] E-15. (City Council) Approve Consent for Pending Sale of Tentative Tract No. 15728 the Holly-Seacliff Development Agreement Area From PLC Land Company to St. Augustine II, LLC --sle Corner of Garfield & Peninsula (600.10) — 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by PLC for the City Council to provide Consent for the Pending Sale of the property known as Tentative Tract No. 15728 to St. Augustine II, LLC and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and to record same with the County Recorder. Submitted by the Planning Director [Approved 7-01 ATTACHMENT 1 I �_ ... r..._ -. .. ... "'' . .- -___ ... __._. _-._... .. _ ._ r _:.� �..:..,_ .... r-.i.�.+•�...e„ C XK:a:.:i:'.Yii3ir .,Sfwu.'wVL4._Si--"rk5.'Y.[ LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC BELL MOBILE SERVICES FOR REPEATER ANTENNAS ON THE CITY HALL ROOFTOP THIS LICENSE AGREEMENT ("License") is entered into this 17 day of rI , 1999, by and between PACIFIC BELL MOBILE SERVICES, a CALIFORNIA CORPORATION ("Licensee' and CITY OF HUNTINGTON BEACH, a MUNICIPAL D/B/A PACIFIC BELL WIRELESS CORPORATION ("Licensor"). The parties hereto agree as follows: Section 1. Purpose of License The Huntington Beach Police Department subscribes to Pacific Bell Mobile Services for "PCS" telephone and paging services. However, Huntington Beach City Hall blocks reception of PCS services to the Huntington Beach Police Station, because the closest antenna site is located on Beach Boulevard. To cure this problem, Pacific Bell Mobile Services is prepared to construct and operate a repeater antenna on the City Hall rooftop to provide a signal to the Police Station. The City would charge no fee for the use of its rooftop, and Pacific Bell Mobile Services shall charge no fee for installation and operation of the repeater antenna. The repeater antenna shall be removed when it is no longer needed to serve the Police Station. Section 2. Premises Licensor owns the real property known as Huntington Beach City Hall, 2000 Main Street, Huntington Beach, CA and legally described in Exhibit "A", attached hereto. Subject to the following terms and conditions, Licensor grants a license to Licensee to install a repeater antenna on the City Hall rooftop (the "Premises") as depicted in Exhibit "B" attached hereto. 1 SM993gree/pacbel l RL5 98-854 OV25/99-*4 „i Section 3. Use The Premises may be used by Licensee for the siting of a repeater antenna to provide a PCS radio signal to serve the Huntington Beach Police Station, located at 2000 Main Street, Huntington Beach, California. Section 4. General Regulations The installation, operation and maintenance of a repeater antenna 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 building permits. This License is contingent upon Licensee or Licensee's assign obtaining all governmental permits and approvals enabling Licensee, or its assigns, to construct and operate a repeater antenna on the Premises. Section 5. Term; Revocable License The term of this License is indefinite. This License for the Premises shall be revocable upon six (6) months written notice from Licensor to Licensee. Section 6. Consideration The consideration for granting this License is Licensee providing a PCS radio signal to the Huntington Beach Police Station. 2 slfMagreeipacbell RLS 98-854 02125 99-ii4 Section 7. Possessory Interest Tax By entering into this License, Licensor hereby gives notice to Licensee that pursuant to Revenue and Taxation Code §107.6, this License may create a possessory interest which, if created, may be subject to property taxation and that Licensee may be subject to payment of property taxes levied on such interest. Section S. Utilities Licensor shall provide electric utilities to Licensee's repeater antenna. Section 9. Licensee's Repeater Antennas (a) Licensee shall install and begin operating a repeater antenna on the Premises by no later than July 1, 1999. Licensee shall continue to operate and maintain the repeater antenna during the term of this License. (b) Licensee shall have the right to access the Premises only during regular City Hall business hours. (c) 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. Title to Licensee's repeater antenna and any related equipment placed on the Premises by Licensee shall be held by Licensee. Licensee's repeater antenna shall remain the property of Licensee and is not a fixture. Licensee has the right to remove its repeater antenna at its sole expense on or before the end of the term of this License, or prior to the effective date of any revocation of this License, provided that Licensee shall repair any damage to the Premises caused by such removal and will leave the Premises in satisfactory condition as approved by the Licensor. 3 sM993greeipacbelt .al7L� RCS 9 02:25:99 99-#4 - _- - - -._.__._ _�__... . .. - -- -----ems_..�.-�....��......::.-:..�s�•. Section 10. Liens Licensee will not permit any mechanics' or materialmens'or other liens to stand against the Premises for any labor or material furnished to Licensee in connection with work of any character performed on said Premises by or at the direction of Licensee. However, Licensee shall have the right to contest the validity or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all property costs and charges and shall have the lien released at its own expense. If Licensee desires to contest any such lien, then prior to commencing such contest, it will furnish Licensor with a bond, if requested, to secure the payment of such obligation. Section 11. Installation (a) During the installation of Licensee's repeater antenna, Licensee shall cooperate with the City of Huntington Beach's Public Safety Communications Systems Group which shall monitor the installation of the antenna. (b) Licensee's operations shall not interfere with any of Licensor's communications operations on a City-wide basis, either currently or in the future. All operations by Licensee shall be lawful and in compliance with all Federal Communications Commission ("FCC") requirements. Section 12. Indemnification, Defense, Hold Harmless Licensee hereby agrees to protect, defend, indemnify and hold and save harmless Licensor, its officers, and employees against any and all liability, claims,judgments, costs and 4 sfP99agree/pacbell RLS 98-854 02125/99-z4 demands, however caused, including those resulting from death or injury to Licensee's employees and damage to Licensee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, including those arising from the passive concurrent negligence of Licensor, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense. Licensor shall be reimbursed by Licensee for all costs or attorney's fees incurred by Licensor in enforcing this obligation. Section 13. Workers' Compensation Insurance (a) Pursuant to California Labor Code Section 1861, Licensee acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; Licensee covenants that it will comply with such provisions as required. (b) Licensee shall maintain such workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars (S100,000) 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. (c) Lessee shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and Licensee shall similarly require all subcontractors to waive subrogation. 5 sfV99agreeipacbell RL-S 98-854 02/25199-A4 Section 14. Insurance Licensee 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 Licensor for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the Licensor its officers, agents and employees, as Additional Insureds. Licensee shall subscribe for and maintain said insurance policies in full force and effect during the life of this License, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which 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, Licensee shall immediately notify Licensor of any known depletion of limits. Licensee shall require its insurer to waive its subrogation rights against Licensor and agrees to provide certificates of insurance evidencing the same. Section 15. Certificates of Insurance; Additional Insured Endorsements (a) Prior to commencing performance of the work hereunder, Licensee shall furnish to Licensor 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 or modified without thirty(30) 6 st1 99agreelpachelI t- RLS 98.854 }� 02125i99-pd A/ f - ._ .. -- - r-. •.+.'Q�':aR�:-syr.�1_.:'1.te.v_fala�...a.4sKr_!ti!� days prior written notice of Licensor. Licensee shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by Licensor. (b) The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Licensor by Licensee under this License. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. (c) A separate copy of the additional insured endorsement to each of Licensee's insurance policies, naming Licensor, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. (d) Licensee shall have the right to self-insure with respect to any of the above insurance. (e) Licensee 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 Licensor in connection with any damage covered by any policy. Licensor shall be liable to the Licensee for any damage caused by fire or any of the risks insured against under any insurance policy required by this License. Section lb. Permitted Assignment Licensee may assign their License to any wholly owned affiliate of Licensee, or Licensee's parent. Any other assignment is prohibited without the prior written consent of Licensor, which consent not to be unreasonably withheld. 7 sff-99agree'pacbell 171 RLS 98-854 "� OV25 99-#4 Section 17. Default by Licensee Should Licensee default in the performance of any of the terms, conditions, or obligations contained in this License, Licensor may, in addition to the remedy specified above, 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. Section 18. 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 filing a petition in bankruptcy shall terminate this License and entitle Licensor to reenter and regain possession of Premises. Section 19. Cumulative Remedies The remedies given to Licensor 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 License. Section 20. Waiver of Breach The waiver by Licensor of any breach by Licensee of any of the provisions of this License shalt not constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or another provision of this License. 8 sffMagree;pacbe[! PLS 212 /99-9 02;25i99-� Section 21. Force Majeure - Unavoidable Delays Should the performance of any act required by this License to be performed by either Licensor or Licensee to 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 Licensee as required by this License 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 22. Notice Any written notice, given under the terms of this License, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: TO CITY: TO LICENSEE: City Clerk Pacific Bell Mobile Services City of Huntington Beach Attn: Charles Vranek, 2000 Main Street Newtwork Development Manager Huntington Beach, CA 92647 2955 Redhill Avenue, Suite 100 Costa Mesa, CA 92626 Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party. 9 sff 99agree'pacbell RiS 98-854 02.125+99-44 Section 23. Compliance with Law Licensee shall at Licensee'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 Licensee'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 Licensee in a proceeding brought against Licensee by any governmental entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Licensor and Licensee and shall be ground for termination of this License by Licensor. Section 24. Binding on Heirs and Successors This License shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Section 25. Partial Invalidity Should any provision of this License be held by a court of competent jurisdiction to the 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 26. Sole and Only Agreement This instrument constitutes the sole and only agreement between Licensor and Licensee respecting Premises, the licensing of the Premises to the Licensee, or the license term herein 10 sfR99agree:pacbeII RL5 98-854 specified, and correctly sets forth the obligations of Licensor and Licensee to each other as of its date. Any agreements or representations respecting Premises or their licensing by Licensor to Licensee not expressly set forth in this instrument are null and void. Section 27. Time of Essence Time is expressly declared to be the essence of this License. Section 28. Governing Law This License shall be governed under the laws of the State of California Section 29. Survival Terms and conditions of this License which by their sense and context survive the termination or expiration of this License, shall so survive. 11 sff;993gree:'pacbc 11 RLS 98-854 0125199-#4 ,. _71::: IN WITNESS WHEREOF, the parties hereto have executed this License on the l9, - day of day of 1999 at Huntington Beach, California. LICENSEE CITY OF HUNTINGTON BEACH, a PACIFIC BELL MOBILE SERVICES, a municipal corporation of the State of California California corporation, /b/a PACIFI BELL WIRELESS By: PC Mayor �ATTE Mike Flynn Director, Network Deployment Connie Brockway City C rk APPROVED AS TO FORIM: 'elf- - ( IWI G j City Attorney 5f SKI REVIEWED AND APPROVED: INITIATED AND APPROVED: Cit dministrator Fire Chief 12 s ff.99agree.`pacbcl I RLS 98-854 02i25199-94 v� STATE OF CALIFORNIA } )ss. COUNTY OF ORANGE ) On _1 qy before me, jAh 1>. Basks personally appeared_eharlesitr=k- Mike Flynn, personally�kn wo n to be the person wbo1se 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. JAY D.BANKS Con►nlWon C076937 1 Not°r1/Public—CaUfomfa Orange Camty *my Comm.Expires Oct 22,IM 57G,ATURE sff:.'99agree%pacbell RLS 98-854 C 02 25199-92 CALIFORNIA ALL-PURPOIE ACKNOWLEDGMENT .�=rsr.�:r.�:c,�:•c.�e.�•c,�:�.�:r�,�.<=•�.�:r..�=•�..�=�.�.�.�:r.�.�-•r.�=�.�:•r.�.�-•r.�.�:,c>.�,�.�c,,E=e�.�.�.�.�,�c.rc,�.�:c>.�„�.�c.�e.�.�,o.� State of (2A County of t-a, e On I�'IC�tt 3 /�/�l y before me, Date %ame and Tale o-Df.cer re-^„-, -.:a� •,Nora j�•��c' 1 personally appeared Namei s;of S gner �personally known to me— to be the persord(%s whose name is subscribed to the within instrument and acknowledged to me thaw executed the same in is �authorized capacity(ies), and that by Qr+cHhe+r signatures on the instrument the person(s'f: or the entity upon behalf of which the person(I acted, EUZAi3`H EHRING executed the instrument. Commission# i t50Q11 rr :s Norary PLIORC-California WITNESS my hand and official seal. Z O►ange County W Cor 17' a&es AJg 24,2001 ' �17 5igna:ure or Not&Pubuc OPTIONAL Though the information below is not required by law, 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 Documental /} s1! Title or Type of Document: i`'� f� o�r� f,.3�a.c.�, •,. �r�.e_.�a ,8�1/ /L!y6I/I.— K� Document Date: � 41 s9 Number of Pages: I �! �a(►r+.IHiSVLi-4. � �'rG it f�) w,/('w Signer(g)Other Than Named Above: /9Y A2*-2 i 0zj-- /)e-fwark Z� / G► t Capacity(ies) Claimed by Signer(.a•} e�� Gr1r� ' Signer's Name:P i Si er's Name: I Individual I Indi ual Corporate Officer I ^ Corpor Officer Titled): ry .yo7 Title(s): ? Partner—r Limited : General ! Partner— ited General `I Attorney-in-Fact i Attorney-in-Fact Trustee IE Trustee J Guardian or Conservator . I Guardian or Conserva r Other: -co of 1hu^1b-�e,e Other: To--c'tht..mb-lere I i Signer Is Representing: Signer Is Representing: i C 1995 Na!icnal Na!ary Associaucn•8236 Remmet Ave.,=D.Box 7.34-Canoga oa-K,CA 5.30=-7164 Prod.\o.59--7 Reorder.Ow Toll-Free--800-876-E827 CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of County of On before me, in Name and Title or Officer(e.g..'aa�e ,Notary•Puolic'] personally appeared —V Namets;at S grier4 Ypersonally known to me-OR to be the person e) whose nam;�=subscribed to a within instrument and acknow1jadqed to me that-h sh grey executed the same in /her/ r authorized capaclty(+e�s), and that by his/her/their slgnature(�)on the instrument the person(s), or the entity upon behalf of which the person(&) acted, Z _ - _ ,. executed the instrument. "f Comrrc55`on� 150C-21 x < No•ay Puc.;C-Cai:fo►nlc WITNESS my hand and official seal. m Orcr'ge Cp,;r.ty S:giaure cf .clary PTIIC OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying 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: ,-4 1 Document Date: Number of Pages: /"00Z. Signer(s) Other Than Named Above: /1o/ C-1149, aloe-e�, C'' Capacity(ies) Claimed by Signer(s) Signer's Name: Signe ' Name: ❑ Individual ❑ Individu Corporate Offic�jr A ❑ Corporate icer Title(&): CiGLs CMG -L� Title(s): I_ Partne —- Limited❑ General - Partner— i Lim d ❑ General - Attorney-in-Fact Attorney-in-Fact - Trustee - Trustee ( - Guardian or Conservator . `.•' Guardian or Conservato . `�•' t: — Other: p of thL-nh-here = Other: -oo :njrro nere I Signer Is Representing: _ Signer Is Representing: I %5 r ���9�--`��� 'C�Ci�Ci'�����i-''-�`rCi- - - - — - 'cfi�Ci :�--`C.-�(:'�—`C^�—`4>��`G-'C'C>'��r^%��Z `(`—Y`�C.-"Q`•�JZ�'`C�,— — — — — —-�'`CC.'CC.`�'.� ©'995 Naiior'a1 No;ary Assceialion•8236 Remme;A.•e-.P.O Bcx 7184•Canoga Park,CA 91309.7'.84 Fri No 5907 Rearcer Call T01-Free 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION OF LICENSOR'S PROPERTY The Licensor's property of which Premises are a part is legally described as follows: Street address 2000 Main Street City, State, Zip Huntington,Beach, CA 92647 APN: 023-031-14 All,that real property located in the State of California, County of Orange, described as follows: BLOCKS 1903,2001 AND 2002 OF TRACT NO. 12,AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY,CALIFORNIA, TOGETHER WITH PARK STREET,UNION AVENUE,AND THE ALLEYS IN SAID BLOCKS,AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN"RESOLUTION NO. 3415"OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 6, 1972 IN BOOK 9956,PAGE 849 OF OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA. The Commencement Date shall be s ffi99agree/pacbe 11 RLS 99-954 02/2 M-u2 EXHIBIT B. DESCRIPTION OF INSTALLATION OF REPEATER ANTENNA ON ROOFTOP 1. Site Plan, Roof Plan and Elevations, Sheet Number A-1 dated 10/23/98 attached. 2. Electrical Routing Plan, Sheer Number E-1 dated 10/23/98 attached. sff`99agreelpachell RLS 98-854 0125 99-42 �.<M.*: - _�'-r4 u� _ —_—_—_ _ -.-.._.—�.� .. env.__. ..�.� _-.�-��._ •.-.• —�. _ .. -...—�-__ ��� f sumPROPRIETARY INFDRUATION r- THE RfORNATtcF CbNTAR4p M Tbn i r P-B•ii " SET OF CONSIRyCi1ON OOGRKNIS IS /IIfT>aMA I'aUfTlO - MWINETART RT NATURE. ANT USE F i'BE3Abt EX13TwC. _ .. OR O CLOSURE OTHER THAN TWAT :Z.? PAZwPCT. 4 - — — RELATESWNCH 15 TO PAC M BELL wtgELFS STRtLTLT PRON:BITEC. I ! 'I 4\' i &AFL fd/ESil19d ARCMITECT: ML DRAWN BY: D.W. CyECKEO BY; \ � dEYISIONS F \ lati I n.Tc oEstRnr+oe i rr a wa i I LIJ + 0 1 \�' \ © o 0 9EE ROOF PLAN yA-t \ Nf- C=3 o (j) Q ,C CN1^ SCALE. 7 SITE PLAN EAST ELEVATION 3/321-V_0• ,..�.. EXISTCNG =t4AT S i51•p A P.B N. - _ ANTVMMA -C TED C ^.5 L. BELL" EL 15 i tNf. i-M1_ ___..-__ .._.-____ __ _____ __ _ ` ____ ______ ________ -^-•.�_ y `PARADE-f _'�__ 2 P O o I I ________ I EfIST.TIG 5LJILPtNG / \ !2 ; \ ti I I I r LL he \ I -i I � ---.__.•_ - s it iG_;5 �![� 3a' CiR I 1 I I --�----- I ---- --� - •--. .. . -- - -----'---- SECTOR I4 � I I PRCPSE7 P B." AN7LLaA — — 1 -- / 4 I (:J4'EN' .Ot TCF rs CM-901-OI'PI-81 �trS:+NG CAT++ALK---� / I FAT ENNAS:' BF1 OH -ARAPET . LS� (T-:a) J S+�E 7irL '# -WO"ED PBw REPEATER TENANT IMPROVEMENT I IXISTRG PARAPET I Box -VUWTFV ON .AL l (A'-Cr ABOVE LX,s;ING ROOF BELOW) ANTENNA INSTALLATION PQOPO$Eo paN AITLI 15•-217 DO11i TIL7 l5 (7) ' --A, ES .0C11d1 Y TrJ EACY ANTETNA ALONG - Nr T^JP OF ANTEwA$4' ; PARAPET DIAL_ HUNTINGTON BELCH IOV 5ELDH PARAPET � j POLICE STATION N ALTERHA-E ELECTRICAL a:LIC.IN ELECT R:CAL LCCA TZH BE LOH A.LTER A I Llrr-g HUNGT;NGTON BEACH. CA_ SITE PLAN ROOF PLAN AND ELEVATIONS �.'+P jF FNI'_-..r�Jl• 514L7'lUM 5`p`=' 9 ROOF PLAN s`',`: 3 A-1 WEST ELEVATION 3/3?'-i'^�• k - - 'o X-2 . iiO� 3 DEC PROPMErAffY INFOR11AT1QN _ THE YIEOIIWTION COKTAA.ED m TW3 SaOOMI[T iV MATURE &AV USE \ f . 051 OH RE S P WMIC TO VACWX SELL . I ; I WUTEIISS 4 STe10E_Y ►ROMImlE9. \ 1 I{ I DATE: : 10/23/N ARCFIFTECT. MA \ I I I j DRAWN BY: D.M. CNECI([D Bl: I I' i RVASIM 11 1 f Rd77r i.-ECTTTI-AL(-,c 40)I T TVQ� MLL -� rrY DATE DESCMVTIQ� 1 IT \ 1711� i kll 1 1 I (SEAL .ATERT.fMi I1 11 1 - I POU7E EUVAIUL CCNDUi' qp+N NA,L I TO E%;STIr16 EI.ECTRIC-AL P�%F-YN--0A I •—� II I I I FEN'-"SE — I III _ I j I E-Er,"raICAL UNCER \ , II Er:g-•yG T: ` ry :EC- ea 14 \ I I` HALL PRLAM I ki L� I ; i I r TrN rn co CIA La ; N CA N r ELECTRICAL ROUTING AT ROOF PENTHOUSE SCALE- J'- • 's .� �S ftt y �W_YlC7 CM-402-01-P I-91 :R.X TENANT IMPROVEMENT ANTENNA iNSTALLATION • HU•ITINGTON BEACH `- POLICE STATION HUNGTINGTON BEACH. CA. - --- ELECTRICAL ROUTING PLAN 7. 12 rl UNT NG REPEATER WALL , 0 61 131 E-� JAN .1; - iL PACIFIC"VZBELL PAnbile Services z CA June 30, 1999 Certified Mail Rettini Receipt Requested City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 Attn: City Clerk COMMUNICATIONS SITE, Huntington Beach City Hall, 2000 Main Street, Huntington Beach, CA 92647: PBW Site No: CM-902-01 Dear Sir or Madam: Pacific Bell Wireless ("PBW") anticipates obtaining the required planning and building permits needed to construct its mobile/wireless communications facility on your property in the near future. PBW will be commencing construction on its facilities once those permits are obtained. The building contractor appointed by PBW to construct its facilities is Sector Management. Its Construction Manager will be contacting you in the near future to discuss the construction schedule and to notify you of the date on which it anticipates beginning construction. If you have any questions or require any further information, please contact the Site Acquisition Consultant, Terry Quinn at (714) 350-9413. Thank you, 4� Mike Flynn, Director, Network Deployment WAY cc: PBW Property Management File PACIFIC lal, BELL, Mobile Services June 9, 1999 Certified.-Vai!Returns Receipt Requested City of Huntington Beach 2000Main Street Huntington Beach, CA 92647 Attn: Connie Brockway, City Clerk FRONL)SED C01MI UNICATIONS SITE, 2000 iflain S tree i, 11-fu n iingto n Beachi, CA 92647 (APti: 023-031-14) Site No:_CM-902-01 Dear Ms. Brockway: l 1 would personally like to thank you for entering into a License Agreement for Repeater Antennas that will enable Pacific Bell Wireless to bring "state of the art" wireless telephone service to the Huntington Beach Police Station. PBW is in the very early stages of developing your site, so please be patient. We look forward to working with you and having you as a part of this new and exciting era in wireless telecommunications. If you have any questions please feel free to contact our Site Acquisition Consultant, Terry Quinn at (714) 350-9413. Sincerely, Mike Flynn Director, Network Deployment MF/sv Enclosure cc: file f"AY �J6 1999 1a=4© s"R P.iSK ^iANAGENENT 210 351 3844 TO Er'r'143'41597, P.O2�2' CR 'T� - CCAU- 00 u�clefs: os-os-� ' CQI 9 lllklplhOr� 447 INSURED; This Is to a , t power of Insurance slated below h4VO been issued to the named Ineta+e or the aoiloy Wad Indbod.NatrA Mandho any requirement,term or eortdlelon of any oantract or other SfIC COMMUNlCATlONB,INC. doeumen!whh respect to*rich this cerblUx'e may be issued or may pertain,the InaUMIN00 o(forded PACIFIC SELL MOBILE SERVICES by the po!ioEes dascAbed hem!n is x"ad to all the tarns,exolualona,and condItIm of such policies, 176 E.HOUSTON,ROOM T-P-0 $M AWONIO.TX MN ✓�V`r s aerlifleate is inued as a matter if Infu miler on and eanien no rights upon the oartifcBte bolder.This certlfleeate d rat amend,extend or e!!er the coverage afforded by the policies ' i4-c iVa wa d�eaalbad tralow. T oR tIDtsc� ,` ut"I4 0 tlllLiFr. COMPANY Cf3�iftAOi` Nt1Mt '' !' `� _-r �' COMMERCIAL GENERAL UABIUTY Natlonal union five 17%swarm 00. PMOL 5121137 i 0tv0111008 W01 Et 6iB GENERAL A00REONTE i15.t744,CC0 Occurrence Fort PRODUCTS AND COMPLETED OPS S 1,000.000 Products etld Completer# PERSONAL AND ADVERTISE INJURY 9 1.000,OCO Operations EACH OCCLF-MCE S 1.000= FIRE DAMAGE Wy OM Mrs) : S 11000,00 MEDICAL EXPENSES(Any Ono person) 8 10,007 AUTOMOBILE LIABILITY National Union Fire inaUrance Co. RMCA 320M6 AOS 0010111096 ON1/190 COMBINED SIWLE LIMIT S1.o00,uOC Arry Auto FOACA 32OMS TX WORKER'S COMP AND EMPLOYERS LMILITY Insurance CoMparry of State of PA RMWC 3470e30 ADS owl/t m 08/D111099 COVERAGE A STATUTORY LIMITS RMWC 3470531 CA. COVERAGE B (Ernployee1 Liabirty' RMWC 3470532 DAB Each Acolderd st.D00.000 Dls M•PotlW Urnit $1,000 000 Olaen&-Each>~mplo aw 51,000,000 .etel±�ItsgoR:a �: LWIRD SPACE;-OtTE 00104 Ai 023-MI.14 g 20M MAIN STRErzT,HUNTiNGTON 13EAG!4,CA 92647, THF-CITY C*HU�MN(3TON 134t1+CH ITS AQENT9,OFFIMS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INOUREDS. -. �'•_ Stiould sly of the above deacribed Polk%$be eenesiled before the expiration data thereof,the inaurancs company will frail 30 days wrhten notles to the cerNflwtte holder named below. CITY OF HUNTINGTON BEACH J&H M Orsh A MoUnrran Inc. s3BC Cornn+un!oabons Ire. A MUNICIPAL CORPORATION 800 Market street Aft.CITY CLERK St.Louis,MO M1011-2600 2000 MAIN STREET HUNTINGTON BEACH,CA 82847 r , —eTaL. PAGE.02 >kk 00� Q9 Ate-,,, CERTIFICATE OF INSUR4NCF0 Issue Date: - 999 Certi sate Number: 447 INSURED: Costa h+esa-Les An&eies This is to certify that policies of insurance listed below have been issued to the named insured for tr.e S8C COMMUNICATIONS, INC. 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 PACIFIC BELL MOBILE SERVICES by the policies described herein is subject to a1 the terms.exclusions.and conditions of such policies. 175 E. HOUSTON• ROOM 7-P-40 SAN ANTONIO,TX 78205 J/ This certificate is issued as a matter of information only and confers no rights upon the certif.cate holder.This certificate does not amend.extend or alter the coverage afforded by the policies described below TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS OF LIABILITY COMPANY AFFORDING COVERAGE NUMBER DATE DATE COMMERCIAL GENERAL LIABILITY National Union Fire Insurance Co. RMGL 6121677 06/01/1998 06/01/,1999 GENERAL AGGREGATE S10.000,000 Occurrence Form PRODUCTS AND COMPLETED OPS S 1.000.000 Products and Completed PERSONAL AND ADVERTISE INJURY S 1.000 000 Operations EACH OCCURRENCE S 1.000.000 FIRE DAMAGE(Any One Fire) $ 1.000.000 MEDICAL EXPENSES(Any One Person) S 10,000 AUTOMOBILE LIABILITY National Union Fire Insurance Co. RMCA 3208945 AOS 06101/1998 06101/1999 COMBINED SINGLE LIMIT S1,000.000 Any Auto RMCA 3208946 TX. WORKER'S COMP AND EMPLOYER'S LIABILITY Insurance Company of State of PA RMWC 3470530 AOS 06/01/1998 06/01/1999 COVERAGE A STATUTORY LIMITS RMWC 3470531 CA. COVERAGE B (Employer's Liabi�ity) RMWC 3470532 DAS Each Accident $1.000 000 Disease-Policy Limit S1,000 000 Disease-Each Emp'oyee S1,000,000 , DESCRIPTION OF OPERATIONS LEASED SPACE-SITE#CM-902-01 023-031-14 LOCATION:2000 MAIN STREET, HUNTINGTON BEACH,CA 92647 CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED fry l CANCELLATION Should any of the above described policies be cancelled before the expiration date them 7�$J9C� __,_ --ten notice to the certificate holder named below. Failure to mail such notice shall impose nc,v ynuvii ur uaomty of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER PRODUCER CONTACT CITY OF HUNTINGTON BEACH J&H Marsh&McLennan Inc. SBC Communications Inc- A MUNICIPAL. CORPORATION 800 Market Street Attn: CITY CLERK St.Louis,MO 63101-2500 2000 MAIN STREET HUNTINGTON BEACH, CA 92647 AUTHORIZED REPRESENTATIVE • &VA isz Uca_lP ,2nd PACIFIC Wi11 BELL ; Tu'.fr Diiiem-a 9%1,80 Mobile Services March 30, 1999 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 Attn: City Clerk Re: Proposed License Agreement—CM-902-01 Dear Sir/Madam: Pacific Bell Wireless (PBW) would like take this opportunity to thank you for your continued support of our Pure Digital Personal Communications Services (PCS). PBW has been able to construct a pure digital wireless telephone network that offers superior voice quality, unsurpassed clarity and many advanced features such as alpha numeric paging and voice messaging in record time. We have been able to reach our goals largely due to the partnering of quality landlords such as yourself To better serve you, PBW is pleased to announce the opening of our Los Angeles Regional Office. Pursuant to Section 22 of the License Agreement(the "License") this letter shall serve as notice that the address for any notice or demand required to given under the License shall be as follows: Pacific Bell Wireless 2521 Michelle Avenue, 2nd Floor Tustin, CA 92780 Attn: Property Management Telephone: (800) 355-1802 Fax: (800) 394-9242 E-Mail: property@pacbell.mobile.com We look forward to a long and prosperous relationship. If you should have any questions or concerns, please do not hesitate to contact our Property Management Department at the number provided above. Sincerely, �1 Mike Flynn Director,Network Deployment Los Angeles Region �o. Z491 P. 21� Dec, � Cedifism 1 certify that the attached is a&H.true and cormct copy of certain resolutions duly adopted by the Board of Directors of Pacific Bcll Mobile Services on April 28, 1995,and as in effect on the date hereot Jsmm P.Tuthill Secretary Dated: Pleasanton,California May 16, 1997 , 3/4 Dec. 9. 199t 12:43PM Corporate Approvals RESOLVED that the President, any Vice President, and the Chief Financial Officer of this corporation, and each of Owm,am autlux zed, for and on behalf of this corporation, to execute and approve any and all contracts, teases,bids, vouchers, advar=s, capital exp8rcfitures,and general busimm and financial matters reasonably necessary for conducting the usual affairs of this corporation,with such varying terms and amounts as are deemW appropriate in his or her sale discretion, and to designate in wrWnq other ofkecs or employees of this corporation who are and shall be empowered to execute and approve such matte in his or her place and stead; provided, however, that no authority hereby conferred shall conflict with any auftffty conferred by the By-Laws of this corporation; and be it FURTHER RESOLVED that when this Board by resolution has suthofted an officer or employee of this corporation to so act, or when the President, any Vice President at the Chief Financial Officer has designated an of w or employee of Oils corporation to execute and approve an behalf of Ns corporation contracts, leases, bills,vouchers, advances, capital expenditures, and general business and financial matters, in the event of the absence of such officer or employee, any other officer or employee who has been specifically authorized to wrtting by the absent officer or employee to 1 act in his or her place and stead may exerzise the authority so delegated by the absent person to execute and approve such documents on behalf of this corporation; and be it FURTHER RESOLVED that the preceding resolutions supersede the ra"Utions adopted by this Board an June 7, 1994 regarding corporate approvals. Hoard of Directors Pacific Bell Mobile Services April 28, 199ra Dec. 9. 1997 12:43i'M ; Southwesteru Bell Mobile Syw,kc. Pacific Hell Mobile Services,4lism 4.02 EXECUTION OF CONTRACTS A delegated ernployce has the authority to execute,acimowledge or deliver,on behalf of the Company,but with the review w d approval of the HQ or PBMS Legal Dcparunects,all deeds,leases.'assiptawnts,easemeot%contacts,b0L of We, applications,releases,power o;:Wwrocy and•otber instntmcnts-or docmaents.Uhleax otherwise indicated in this Wk-the authority to enter into a contract or anangeamt cc to execute an instrument catrica with it like authority to cancel or modify it, 4.03 REAL ESTATE CONTRACTS . . . (a) Contraeb to Acquire Options To acquire OPTIONS to purchase-or lease teal estate pending approval of purchase whert the option amat e AUTHMED_AX Does not exceed$ 5,ODO Ass.Dir,Ar.-Netwock or Real Estate Does not exceed S 25,000 Exec,Director-Network Does not exceed$ 4Q,000 VF{Asst VP-Network or Real Estate Does not exceed$ 50,000 Corporate Offices,PBMS Pr+es CEO or General Manager Does not exceed 3 100,000 SBNM President-CEO Exceeds$100,000 • Chaim=of Board (b) Contracts to Lease ReW Estate To lease real estate,which is included in an authorised capital authority,where the annual rental(relates to rental payout per year, not payout per length of contract): A[1TH(IRIZED BY Does not exceed$ 100,000 Assoc.DiUDlr,-Network for cell or_ equiprzaatt site real estate or PAd Estate Does not exceed$ 120,000 Exec Director-Netwotic or Real Estate Does not cxceed S 140,000 YPfAsst.VP-Network or Real Pstate Does not exceed S 150;000 PBMS-General Manager Does not exceed S 200000 PBMS-Pres-CEO Does not exceed$ 500,000 Corporate Officer Does not exceed S1,000,000 SBMS President-CEO Exceeds$11000.000 Chairman of Board V y 4.03 CON1<'IN1;1ED' 26 • i RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: APPROVE LICENSE AGREEMENT BETWEEN CITY OF HB AND PAC BELL MOBILE SVS (d.b.a. "Pacific Bell Wireless") FOR INSTALLATION OF REPEATER ANTENNAS ON CITY HALL ROOFTOP COUNCIL MEETING DATE: April 19, 1999 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 (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable 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' REVIEWED �RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: SpaceOnly)