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Home My WebLink AboutPACIFIC BELL MOBILE SERVICES - 1996-06-03 HUNTFNGTON BEACH TO: Mike Dolder, Fire Chief Z'�= FROM: Connie Brockway, City Clerk V', --Z DATE: May 1, 1998 SUBJECT. Pacific Bells' Letter To Public Utilities Commission Notifying the Public Utilities Commission of Pacific Bells' Compliance In Notifying Local Agencies Of A Structure To Be Build(37 Foot Tower- 17851 Pacific Coast Highway) 5 { our information. f Attached is the above referenced material 17 y Note: (Per my written note to Ms. Cathy Farley I am informing her of the change in City - Administrator.) Y- CC: Mayor and Councilmembers (Information Only) Shari Friedenrich (For Possible Business License) cbmemos:98-83jc.doc 420 P,oqsewaoa Cvive,SuMing 2,ath Flocr PACIFIC[IBELL- P'easa^tan.Calilona 945M Mobile Services G C+� April 28, 1998 ' -` Gn o rn r, Director, Safety & Enforcement California Public Utilities Commission G c� 505 Van Ness Avenue San Francisco, CA 94102 This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California that Pacific Bell Mobile Services (U-3060-C) has obtained all requisite land use approvals for the projects described in Attachments A-1 through A-3. In those cases in which no such approval was required, an explanation is provided. A copy of this notification letter is also being provided to the appropriate local governmental agencies for their information. Should there be any questions regarding these projects, or if you disagree with any of the information contained herein, please contact Ms. Cathy Jo Farey of Pacific Bell Mobile Services at 415-836-1416 or Mr. Larry McNeally of the CPUC Safety & Enforcement Division at 415-703-1836. Sincerely, Cathy Jo ey >�e ..LI Manager- Regulatory lAffars a Pacific Bell Mobile Services 1'°'' 140 New Montgomery Street, Room 1723 ''�"G"40 ,e., San Francisco, CA 94105 PI{ri s h o C e.+v+r c fs&* '{0 Attachments yU ur pPv�s i; �r o k��,..�Aul d Al-11 h a cc: Mr. Larry McNeally, Local Public Agencies Listed on Attachments A-1 through A-3. ATTACHMENT A- 10 PROJECT DESCRIPTION Location -Site#: CM-267-01 17851 Pacific Coast Highway . Huntington Beach CA 92649 Assessor's Parcel Number: 1 l0-015-72 Call Sign: KNLF205 Frequency: Band B 1870-1885 MS 1950-1965 BTS Number of Antennas to be Installed: 4 Tower Design: Pipe Mount Tower Appearance: RR90-17-02DP Tower Height: 37 Feet Building Size: N/A L.A.:ND USE APPROVAL REQUIRED: Yes X (If yes, provide identification or reference number of approval, if any) Building Permit #: E-028541 Date Issued: 04/07/1998 No (if no, explain reason for exemption) CITYMNNNING CaVTACT]�, A 13Pj S, /ve►e, CITY PLANNING DIRECTOR CITY MANAGER CITY CLERK 2�lefs�,r Name: Howard Zeie�sh, I �+aga— Connie Brockway Address: Address 2: 2000 Main St. 2000 Main St. 2000 Main St. Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 Phone: 714/536-5511 714/536-5511 714/536-5511 , 1rA.id-,ua 91id inn, PACIFICI"4BELL- Mobile Services Certified:Hail Return Receipt Requested April 1998 Cite of Huntington Beach c/o Cifv Clerk , 2000 Main Street. 5th Floor - Huntington Beach, CA 922648 R,e: Communications Site Lease agreement - CM-090-12 Dear Lessor: r, CD Pacific Bell Mobile Services (PBMS) would like take this opportunity- to thank you for yotu- continued support of our Pure Digital Personal Comm.-unications Services (PCS). PBMS 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 g oals largely due to the partnering of quality landlords such as vourseif. To better serve you.. PBNIS is pleased to announce the opening of our Los Angeles Regional Office. Pursuant to the Communications Site Lease Agreement dated April 9, 1996 (the "Lease") this letter shall serve as notice that the address for any notice or demand required to given under the Lease shall be as follows: Pacific Bell Mobile Services 2521 Michelle Drive, 2"d Floor Tustin, CA 92780 Attn: Property NNIanagement Telephone: (800) 3555-1802. Fax: (800) 394-9242 E-Mail: proaertyr pacbell.mobile.com We look forward to a long and prosperous relationship. It you should have anv questions or concerns, please do not hesitate to contact our Property Manage:n-n-it Departntent at the number provided above. Sincerely, Charles .1. Vranek /U i ; Ie Vice Pre-�iclent, Network U �g Re ian � ' Los ,1 n+�eles g ` ; t `. . �.__ C i ff C l' WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO UPDATE OUR FILES Please fill in the information requested below and return by mail or facsimile. Owner Name and Address: Contact Information Name: Phone number: Emergency Contact Name: Emergency Phone Number: Fax number: Any other pertinent information: Thank you for your assistance in keeping our records accurate. PBMS Reference#; ��- moo PACIFIC13 BEI Mobite Services Property Management ON))35;-18C, rax (800)394-92-42 E-NI.ril_pr.4penpCn,,)iLbcll-rrobilcxmi PACIFICrABEI Mobile Services Property Management (500)355-1 SQ2 Fax f800)394.9242 L-Nlaii:pmpertyCpacbell.mohile.cm WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO UPDATE OUR FILES Please fill in the information requested below and return by mail or facsimile. Owner Name and Address: Contact Information Name: Phone number: Emergency Contact Name: Emergency Phone Number: Fax number: Any other pertinent information: Thank you for your assistance in keeping our records accurate. PBMS Reference M :.;.: • PACIFIld ABELL Tcsim.(;,_Iilo is 9')!P0 Mobile Services Certified Ifail Return Receipt Requested April 1998 City of Huntington Beach c/o City Clerk 2000 Main Street, 5th Floor Huntington Beach, CA 92648 Re: Communications Site License Agreement - CM-089-11 Dear Licensor: Pacific Bell Mobile Services (PBMS) would like take this opportunity to thank you for your continued support of our Pure Digital Personal Communications Services (PCs). PBNIS 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 retch our goals largely due to the partnering of quality landlords such as yourself. To better serve you. PBMS is pleased to announce the opening of our Los Angeies Regional Office. Pursuant to the Communications Site License Agreement .tune 3. 1995 (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 Mobile Services 2521 Michelle Drive, 2"" Floor Tustin, CA 92780 Attn: Property Management Telephone: (800) 355-1802 Far. (800) 394-9242 L-flail: property-?paehell.mo bile.coin We look forward to a long and prosperous relationship. Iryou should have any questions or concerns, please do not hesitate to contact our Property Management Department at the number provided above. Sincerely, eL Charles J. Vranek Vice President, Network Los Angeles Reizion 2955 Fedhill Avenue,Juilo PACIFIC ♦, BELL r�� Mobile Services cz:A': •_ •1a° July 18, 1996 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk Dear City Clerk: I would personally like to thank you for entering into a License Agreement that will enable Pacific Bell Mobile Services to bring "state of the art" wireless telephone service to the Southern California region. It has come to our attention that you have not received a copy of the original License Agreement. Enclosed please find a fully executed original agreement for the real property located at 1971 1 Bushard Street, Huntington Beach, CA 92646 (APN No 153-314-35) for your records. We apologize for any inconvenience this may have caused. Thank you for your cooperation and for becoming a part of this new and exciting era in wireless telecommunications. If you have any questions please feel free to contact Annette Fullerton at (714) 825-8095. Sincerely, Charles Vranek Network Deployment Manager CVlkk Enclosure cc: CM-090-l 2 file i f LICENSE AGREEN1ENT Cd �. This License Agreement is entered into this V�,,_ day of 1996, by and between PACIFIC BELL MOBILE SERVICES, a California corporation (`'PBMS") and the CITY OF HUNT LNGTON BEACH, a municipal corporation ('CITY"). RECITALS A. The parties have previously entered into an Agreement entitled "Master Communications Site Lease Agreement Between the City of Huntington Beach and Pacific Bell Mobile Services", dated April 2, 1996 (the `Lease"), which authorizes PBMS to install poles with antennae (the "Facilities'') on certain CITY-owned real property ("Lease Sites") described in schedules attached or to be attached to the Lease (the `'Schedules). Pursuant to the Lease, CITY has approved two Lease Sites for the location of PBMS's Facilities: Fire Station-3 located at 19711 Bushard Street (the "Fire Station-3 Site"), and the Main Library located at 7111 Talbert Street, Huntington Beach, California. The rent due the City is One Thousand Two Hundred Fifty Dollars ($1250.00) per Lease Site. PBMS is to use the Lease Sites to construct, maintain; repair and operate a narrow band PCS mobile/wireless telecommunications service system. B. Pursuant to Section 3.01(b) of the Lease, PBMS has agreed to permit CITY to attach certain equipment to PBMS's Facilities for CITY's exclusive use so long as CITY's equipment does not interfere with PBMS's communication operation. PBMS now wishes to grant to CITY a license to use PBMS's Facilities located, or to be located, on the Fire Station Site as more particularly described herein. 1 Sr°s-Pcn:Agree:Pl3NISLic RLs 96-13- 5-1.96-7 NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. License. PBMS hereby grants to CITY a license to use a portion of PBMS's Facilities installed or to be installed on the Fire Station-3 Site for purposes of using, maintaining and repairing the equipment described in Exhibit "A" attached hereto (the "City Equipment"). PBMS shall remove the existing siren pole at the Fire Station-3 Site and install its Facilities, including a new pole. The Facilities shall be constructed in such a manner so as to support the City Equipment. PBMS shall purchase the City Equipment, and install such City Equipment on PB`•1S's Facilities pursuant to the manufacturer's specifications at no cost to the CITY. The CITY shall accept ownership of the City Equipment following a satisfactory demonstration that it is in good working order. PBMS shall transfer all warranties issued by the manufacturer of the City Equipment to CITY. As additional consideration to PBMS for the cost of replacing the existing siren and purchasing and installing the City Equipment, the rent for the Fire Station-3 Site shall be abated for the first six (6) months of the Lease term for the Fire Station-3 Site as set forth in the Schedule covering the Fire Station-3 Site. The total value of this rent abatement is Seven Thousand, Five Hundred Dollars (S7,500.00). Section 2. -Maintenance. Once accepted, CITY shall be solely responsible for maintaining and repairing the City Equipment at CITY's sole cost and expense. PBMS shall provide CITY with access to the City Equipment at all reasonable times to allow CITY to perform such maintenance and repair obligations. CITY shall notify I'BMS prior to performing any maintenance or repair work so a PBMS representative can monitor such work to ensure that no damage is done to PBMS's Facilities. CITY shall repair any damage caused to PB_MS's Facilities caused by CITY or its employees, agents or contractors. CITY shall be responsible for 2 SS'-s:PCS)::�grec.l'13\1SLic Rl_s 96-137, 5i119G- ? the eventual replacement of the City Equipment and the costs thereof, provided that PBMS shall maintain its Facilities, including that they continue to support the City Equipment. Section 3. Rights and Obligations of the Parties. The rights and obligations of the parties to use of the Facilities and the installation of the City Equipment are subject to all terms and conditions of the Lease_ In case of any ambiguities between the Lease and this License, the Lease shall control. Should the Lease be terminated, removal of the City Equipment and the Facilities shall be subject to terms and conditions as specified in the Lease, provided that the CITY shall have the option to require PBMS to abandon the pole in place. Section 4. Term. This License shall remain effective so long as the Lease for the Fire Station-3 Site remains in effect. Section 5. Indemnification. CITY hereby agrees to protect, defend, indemnify and hold and save harmless PBiNi1S, its shareholders; officers, partners, empioyees, agents and affiliated entities (collectively, the "PB;`'IS Indemnities') against any and all liability, claims, judgments, costs (including, without limitation, attorneys' fees) and demands, however caused, brought by third parties, arising from the operation, repair and/or maintenance of the City Equipment. Section 6. Insurance. (a) CITY shall carry at all times incident hereto, on all operations to be performed hereunder, commercial general liability insurance, including coverage for bodily injury, property damage. products,'completed operations, and blanket contractual liability_ Said insurance shall name all PBMS indemnities as additional insureds and provide coverage in an amount of not less than One Million Dollars (S 1,000,000) combined single limit coverage. 3 7 S 1's:PC D:Agnx:I'll\I s l.ic 21 S 96-137 5'1.96-:_^ (b) CITY shall also carry at all times incident hereto "all risk'' property insurance on the City Equipment with replacement cost coverage. (c) If the coverage provided under the commercial general liability insurance policy required hereunder includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000.00) and CITY shall immediately notify 13BMS of any known depletion of limits. CITY shall require its insurer to waive its subrogation rights against PBMS and agrees to provide certificates of insurance evidencing the same. Section 7. Certificates of Insurance Additional Insured Endorsement (a) CITY shall furnish to PBMS certificates of insurance evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to PBMS.. (b) The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of PBMS by CITY under this Lease. CITY shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. (c) CITY shall have the right to self-insure with respect to any of the above insurance. Section 8. Waiver_ofSubrogation. CITY releases the PBMS Indemnities from any claims for damage to any person or property caused by, or resulting from the operation, maintenance and repair of the City Equipment. CITY shall cause each insurance policy obtained 4 SF PCD:Agn2e:P13N[Sf_is R IS 96.13" 5196 by it to provide that the insurance company waives all right of recovery by way of subrogation a�yainst PBMS in connection with any damage covered by any policy. Section 9. Force Majeure - Unavoidable Delays- Should the performance of any act required by this Lease to be performed by either CITY or PBMS be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this Section shall excuse the performance of any act rendered difficult solely because of the financial condition of the party, PBMS or CITY, required to perform the act. Section 10. Notice. Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as follow: TO CITY: TO PBMS: City Clerk Pacific Bell Mobile Services City of Huntington Beach Attn: Charles Vranek, Network 2000 Main Street Deployment Manager Huntington Beach, CA 92648 2955 Redhill Avenue, Suite 100 Costa Mesa, CA 92626 PB'V1S or CITY may from time to time designate any other address for this purpose by written notice to the other party. Section 11. Compliance with Law. CITY shall at its own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, S SFls:PCD:Agree:P l3\1SLic �1T R1S 96-137 5 U9G- 7 both federal and state and county or municipal, relating to CITY's use of the siren whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. Section 12. Partial Invalidity. Should any provision of this License be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this License shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 13. Attorneys Fees. Should either party bring an action against the other for the purpose of enforcing the terms of this License, or for damages arising from its breach, then in such event, each party shall bear its own attorney fees and costs. Section 14. Time of Essence. Time is expressly declared to be the essence of this Lease. Section 15. Governing- Law. This I-ease shall be governed under the laws of the State of California. Section 16. Survival. Terms and conditions of this Lease which by their sense and context survive the termination or expiration of this Lease, shall so survive. �1T 6 SPS:PCD:Agrae.P11\1 S Lic RLS 9G-137 IN WITNESS WHEREOF, PBMIS and CITY have executed this License Agreement as of the date and year first written above. PBMS: CITY: PACIFIC BELL MOBILE SERVICES CITY OF HUNTINGTON BEACH a California corporation a municipal corporation By: l!64k By: It,4Lz, Name: Charles Vranek 15ave Sullivan Title: Network Deployment Manager Mayor ATTEST: APPROVED AS TO FORM: - - PF� -�/z:/yam City Clerk CV-) City Attorney° REVIEWED AND APPROVED: INITIATED AND APPROVED: s L31 City Ad nistrator ire f Director of ubh Works 7 SFsa'CR::1s�rcc:Pi1\fSl.ic � RLS 9(-13- 5`1.96- STATE OF CALIFORNIA ) COUNTY OF p e } On 1116 before me, TAmD. n s , personally appeared Charles ��ra e , personally known to me e.videnroe) to be the person(q)whose names(&) isiefe-subscribed to the within instrument and acknowledged to me that hel&4e4k executed the same in his he4heif authorized capacity (-its-); and that by his/ r signatures(s) on the instrument the personO, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JAyD BMK3 Commission f i W6937 @my NotaryPublt—California Signature: Orange County Comm.Expires Oct 22.im 8 SF-.%TCD:_\gree:P11%1SUc RLS 96-1,3 5'1:96-.-_? lY STATE OF CALIFORNIA } COUNTY OF� ) On 1, v 19?4 before me,`? personally appeared ersonally known to me to be the perso s whose namesUs -dare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in#t�their authorized capacity ies , and that by his4he their signatures(s} on the instrument the person(5}, or the entity upon behalf of which the person(§�acted, executed the instrument. WITNESS my hand and official seal. Signature- MAYBRICE L.JOMNSO,d COMM.*991835 Nofory Public—California ORANGE COUNTY MY Comm.Expires MAY 11, 1997 9 Sr-q PCD:Agrce:Pl1%1Si_iz RLS 9G-13 5 1196-?. EXHIBIT A THE CITY EQUIPMENT FEDERAL. WARNING SYSTEMS � a ELECTROMECHANICAL SIREN DESIGNED FOR OUTDOOR WARNING Three distinct signals to - choose from r; .s High sound outputthatcan cover up to four square FEDERAL miles `.`.`... Full battery operation or battery backup _ (2001 DC only) supply unit will allow the siren to will supply a minimum of 15 y operate on standard power using minutes of full power output from n} Patented stator/horn the batteries forbackupoower.The itsbatter)es after an AC powe►loss. CD high decibel output provides Q design allows highly maximum coverage and minimum The ring radiator within the =& efficient, high output installation cost. Radio activation projector produces a 60 degree operation from minimal will further minimize installation beam of sound which rotates at 2 0 battery source costs. RPM(adjustableto6RPM).Steady, Wail,and Fast Wail tone signals are go The 2001AC mode' is ident`cal ,o standard. N Description the20010Cexceptit sdesignedto The model 20010C is a unique operate on ACpow�eronly. The AC Highly efficient DC motcr offers 0 innovation in high power outdoor version provides an economical tremendous reliability over .i siren products. Itisthefirstofanew alternative tothe200,DCwi(hout conventional AC motors commonly O generation a rotating sacrificing sound output or used in outdoor warning sirens. unidirectional, electromechanical reliability. The 200'AC can be siren that can operate on batteries. upgraded to !2arery operaticn at Applications In addition to built-in pushbutton any time. Models 2001AC and 20010C are control, the model 20010C can high powered rotating outdoor aiso oe controi!ed by telephone Features sirens that are ideally Suited to lines or radio k'both optional) and Federal Signai'i 2C0i Siren Series orov;de warning for weatr•er, tire, car.produce three signals far various oifersadocur^emtedsig.,iaistrengtn floods, cnemical spill, hurricanes, applications.An optional AC power of 127dBCat 100!'ee'.7-000 0C and other types of emergencies. PAGE i of 10 EXHIBIT A THE CITY EQUIPMENT 2001 DC SIREN CONTROL UNIT 2001AC SIREN CONTROL UNIT o q 11! f traoC7�o 2001 Siren Specifications 2001AC Siren Control Unit Sound Output: 127 dBC&100' on a><is) Oquatingvoltage: 2201240VAC Operating voltage. 48 V OC Current requirements: 30 amps Iapprox-) Operating Current: 100 amps Inom.) (50 amp service Rotarian: 2-6 RPM(adlustable) m-mrtmended) Operating Temperature: -30'C to b.6M Operating temperature: •30'C to+WC Dlrn snsions: 55"H s 37"W x 41"D 0imemlorm. 23•6"H x 23.6"W x 9.8"D Net Weight: 795 ibs.,du Fill Net Weight: 159 lbs.(72 kg) Shipping Weight: 470 tbs.I214 kg1 Shipping Weight. 102 tbs.(83 k8) 2001DC Siren Control Unit Signal Informatlon Operating Voltage: 120 VAC,50-60 Hi Cureenl Requicemenw. 4 amps Frre,_ ert[v 5) Standby Current: .2 amps 705 Hz N A Continuous Signal Time. 15 minutes(min.)0 furl ot,rtput Steady Standby Time: 20+days tw/5 min.full signal Wail; 470-705 Hz 10 seconds reserve) 'Operating Temperaltim: -306C to . 60'C Fait Wait: 600.705 Hx 3.5 seconds Ovorall Dimensions: 48"H x 24"W a 16"0 Net Weight: 141 Ibs(w/o batteries)(64 kg,) Shipping Weight: 234 tbs(w/o batteries)1106 kg) Signal duration: 3 minutes standard 2001T9(AC Power Option far 2001DQ Operational sound Operatingvollage; 221Y240 VAC Rocalit 2-612 d8G(a jus fact Rotation: I.6 RPM{adjustable) Current requirements; 30 amps{approx.) (50 amp service How To Order recommended) 5,ren: 2C01 DC or AC Speaker Array Operating temperature: -301C to « 60`C Dimensions: 23-H x 11"W x l0"D Control: L;C'AC Siren Control Unit or t:C'DC Shen('-°nV°I knit reset Weight: 133 Ibs.I60 ka) Radio Ootioe; Soetify RF,OTMIw Two-twa Shipping Weight; 148 Itn.i67 km •aaaTyternpemws mutt W .maNtameera.1a C W hijk . sequential,CTC55 frequency 20p1OC Options; IATTEVES NOT fNCLUDEU. RECOMMEND DELCO VOYACFR 2001 TR AC Power MODEL M24MF 1001 riTR Bartm Warmers 2001*240 Step down transformer 24U VAC FEDEM SIGNAL CORPORXnCIN Federal Warning Systems 2645 Federal Signal Drrve,University Park,IL 60466 �3 sales B00lS487229.Fax 70a534-485S PAGE 2OF2 WE No. 431 05/23 '96 13:27 lD:PEPIS/SRA 71422SSO-45 PAGE 2 FIL5L No. 854 45.-20 IX 1A+88 IDWIM rcr --Aar;f asrttlV that the atuwhad is a No, tru4 and*rrfd aapy of raftln resolutions d0i adopted by the Board of Pk-ach n of Po tc Noll Mobile Servicaa on Aprfl 26, 1194, Arid sM In ~on the date hawf, Thor• r'aoluftns empoww K P- SIMer, Chief Financial t?Nloar,to axwoo and approve all tease documents on IWO of P40MG poll Mobile SarVIM, ail a ung y Datsdt Sm Pranclsra, Calftamla Septamb■r 12, 925 FILP,'No, $54 '09/4 '85 14.288 ns el_ M is crr r i TM 4 Corporate Approval$ RESOLVED that the Plgsldsnt, any Vic# Proaldent, amd the Chief Financial Officer of this corporation, and eacM of thorn, are authorized, for and on behalf of this carporation, to execute and approve any and all G4ntmats, losses, bills, vauchare, advances, capital expendilutes, OnO general bualn4ae and flriancW matters raasorlebly nacassary for canductlno the usual asfalrs of ihls carperation, with such varying terms and amounts as are deemed approprifta In his or her sole dlscrstlon, and tr, dasignats In wrltino other offtcars or amplaysss of this carporstion who are and ahall be ampowered to exeouts and approve such matters In his or her plane and stead; provfdod, howsvvr, that no awtherity hereby canfarred shall canffct with any *uthattty conferred by the By-taws of thlo corparallon, and be It FURTHER RESOLVED that when thip Board by rssclutlon has authadzed an cfflcar or employee of this corporation to so act, ar when the Prasldent, any VIcs Prsaident or the Chief Flnonclal Officer has doslgnstsd an officer or amplayse of this carpor&tlon to execute and approve an behalf of this corporation contracts, lasses, bills, vnuchers, advances, capital raxpandltures, and general business and finaridal maltern, In the event of thai absence of such officer or employer, any other officer or employee wiio has been#pacifically euthorixed In writing by the absent officer at empivyss to not In his or her plane and stead may exercise the authality so Oelapated by the absent person to execute and approve swch documents ion behalf o[this aarpordan; and be It FATHER Kass Vr-o that the precad(mg resolutlons supersede the resolutions adopted by this Board on Juno 7, 1994 regarding corparste approvals. heard of Directors Pacific SO Mobile Sarviaa Apr}I 28, 1994 490T Tab E12 -Jb53j 'U'l -11X Did W800:2T s6, S2 d35am�ll F 1 LE'No. 431 05/23 '9e 13:27 'Wris/sBA 71 u3'2`�5 p-AGE 3 PACIFIC CIBEU. MONA SUVIC64 4410 Rosewood Drive, Building 1, 41h Floor, Pleasanton, CA 94588 510/227-4244 M E M 0 R A N D U M DATE: December 12, 1995 T0: SDM's (see distribution) CC: Ken Elmer Caroline Houston Barbara Hendricks T.J. Natale FROM: Chuck Johnsto R E: Site Lease Appro s Effective Immediately, all Site Development Managers have the authority to sign all lease agreements, regardless of the monthly lease rate, signing bonus and CPI increase. The one exception to this authority level Is the lease with a term of less than five years. For those leases that are less than five years in duration prior approval from Ken Elmer is required. Please use the Lease Certification/Site Rental Authorization farm' to obtain that approval. These forms should be sent to Barbara Hendricks. Evers though five years are acceptable as a last resort, we believe all of our independent contractors, should still make every effort to negotiate a minimum term of fifteen years. Following execution of the lease, a Lease Certification/Site Rental Authorization form together with a copy of the lease must be completed and forwarded to the Property Manager at Headquarters within 1 week where the lease contains the following provisions: 1. $ amount exceeds $700/month 2. CPl maximum exceeds 5% per year 3. Stepped increases that exceed 5% per year It is essential that all lease agreements that are not in the standard DBMS form or utilize the standard PBMS 'drop-in' language undergo a final legal review by an authorized DBMS attorney or paralegal prior to execution. Distribution: Charlie Vranek Deni Harrip_ Kevin Flaherty Ann Goodwin Phil Millenbah Mike McWhirter Shawn O'Connor Bob Berger Kay Hennessy r . . is LICENSE AGREEMENT 63 This License Agreement is entered into thisT day of 1996, by and between PACIFIC BELL MOBILE SERVICES, a California corporation ("PBMS") and the CITY OF HUNTINGTON BEACH, a municipal corporation (`CITY"). RECITALS A. The parties have previously entered into an Agreement entitled "Master Communications Site Lease Agreement Between the City of Huntington Beach and Pacific Bell Mobile Services", dated April 2, 1996 (the `Lease"), which authorizes PBMS to install poles with antennae (the 'Facilities") on certain CITY-owned real property ("Lease Sites") described in schedules attached or to be attached to the Lease (the "Schedules). Pursuant to the Lease, CITY has approved two Lease Sites for the location of PBMS's Facilities: Fire Station-3 located at 19711 Bushard Street (the "Fire Station-3 Site"), and the Main Library located at 7111 Talbert Street, Huntington Beach, California. The rent due the City is One Thousand Two Hundred Fifty Dollars ($1250 00) per Lease Site. PBMS is to use the Lease Sites to construct, maintain, repair and operate a narrow band PCS mobile/wireless telecommunications service system. B. Pursuant to Section 3.01(b) of the Lease, PBMS has agreed to permit CITY to attach certain equipment to PBMS's Facilities for CITY's exclusive use so long as CITY's equipment does not interfere with PBMS's communication operation_ PBMS now wishes to grant to CITY a license to use PB-[S's Facilities located, or to be located, on the Fire Station Site as more particularly described herein. l �1171.� sF-s:PcD.Agce:P13NN_i. RLS 96-137 51 1i96-a7 NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section I. License. PBMS hereby grants to CITY a license to use a portion of PBMS's Facilities installed or to be installed on the Fire Station-3 Site for purposes of using, maintaining and repairing the equipment described in Exhibit `'A" attached hereto (the "City Equipment"). PBMS shall remove the existing siren pole at the Fire Station-3 Site and install its Facilities, including a new pole. The Facilities shall be constructed in such a manner so as to support the City Equipment. PBMS shall purchase the City Equipment, and install such Citv Equipment on PBMS's Facilities pursuant to the manufacturer's specifications at no cost to the CITY. The CITY shall accept ownership of the City Equipment following a satisfactory demonstration that it is in good working order. PBMS shall transfer all warranties issued by the manufacturer of the City Equipment to CITY. As additional consideration to PBMS for the cost of replacing the existing siren and purchasing and installing the City Equipment, the rent for the Fire Station-3 Site shall be abated for the first six (6) months of the Lease term for the Fire Station-3 Site as set forth in the Schedule covering the Fire Station-3 Site. The total value of this rent abatement is Seven Thousand, Five Hundred Dollars (S7,500.00). Section 2. N.-Iaintenance. Once accepted, CITY shall be solely responsible for maintaining and repairing the City Equipment at CITY's sole cost and expense. PBMS shall provide CITY with access to the City Equipment at all reasonable times to allow CITY to perform such maintenance and repair obligations CITY shall notiN PB�IS prior to performing any maintenance or repair work so a PBXlS representative can monitor such work to ensure that no damage is done to PBMS's Facilities. CITY" shall repair any damage caused to PMMS's Facilities caused by CITY or its employees, agents or contractors. CITY shall be responsible for SPs.PCD Agrce:PBMS Lic RLs 96-137 ($Fit 5%1;96_»7 1W i i the eventual replacement of the Cite Equipment and the costs thereof, provided that PBMS shall maintain its Facilities, including that they continue to support the City Equipment. Section 3_ Rights and Obligations of the Parties. The rights and obligations of the parties to use of the Facilities and the installation of the City Equipment are subject to all terms and conditions of the Lease. In case of any ambiguities between the Lease and this License, the Lease shall control. Should the Lease be terminated, removal of the City Equipment and the Facilities shall be subject to terms and conditions as specified in the Lease, provided that the CITY shall have the option to require PBMS to abandon the pole in place. Section =I. Term. This License shall remain effective so long as the Lease for the Fire Station-3 Site remains in effect. Section 5. Indemnification. CITY hereby agrees to protect, defend, indemnify and hold and save harmless PBMS, its shareholders, officers, partners, employees, agents and affiliated entities (collectively, the "PBMS Indemnities") against any and all liability, claims, judgments, costs (including, without limitation, attorneys' fees) and demands, however caused, brought by third parties, arising from the operation, repair and/or maintenance of th.e City Equipment. Section 6. Insurance. (a) CITY shall carry at all times incident hereto, on all operations to be performed hereunder, commercial general liability insurance. including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability_ Said insurance shall name all PB%IS indemnities as additional insureds and provide coverage in an amount of not less than One Million Dollars (51,000,000) combined single limit coverage. S sTCn:Ague-rr3NISLi: RLS 9G-137 5:1.9G-=? • (b) CITY shall also carry at all times incident hereto -'all risk" property insurance on the City Equipment with replacement cost coverage. (c) If the coverage provided under the commercial general liability insurance policy required hereunder includes a designated general aggregate limit, such limit shall be no less than One Million Dollars (S I,000,000.00) and CITY shall immediately notify PBMS of any known depletion of limits. CITY shall require its insurer to waive its subrogation rights against PBMS and agrees to provide certificates of insurance evidencing the same. Section 7. Certificates of Insurance, Additional Insured Endorsement (a) CITY shall furnish to PBMS certificates of insurance evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to PBMS.. (b) The requirement for carrying the foregoingg insurance shall not derogate from the provisions for indemnification of PBNIS by CITY under this Lease. CITY shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. (c) CITY shall have the right to self-insure with respect to any of the above insurance. Section 8. Waiver of Subrogation. CITY releases the PBMS Indemnities from any claims for damage to any person or property caused by, or resulting from the operation, maintenance and repair of the Cite Equipment. CITY shall cause each insurance policy obtained 4j SPS:ncu:AgLe:,R%19:_iC RLS 9G-M 5.1:96-:,- • i by it to provide that the insurance company waives all right of recovery by way of subrogation against PBMS in connection with any damage covered by any policy. Section 9. Force Ma'eure - Unavoidable Delay s. Should the performance of any act• required by this Lease to be performed by either CITY or PB,%-IS be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party- required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the performance of any act rendered difficult solely because of the financial condition of the party, PB,%-IS or CITY, required to perform the act. Section 10- 'Notice. Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as follow: TO CITY: TO PBMS: City Clerk Pacific Bell Mobile Services City of Fluntington Beach Attn- Charles Vranek, Network 2000 Main Street Deployment Manager Huntington Beach, CA 92648 2955 Redhill avenue, Suite 100 Costa Mesa, CA 92626 PB!%4S or CITY may from time to time designate any other address for this purpose by written notice to the other party. Section 11. Compliance with Law. CITY shall at its own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, 5 3,t� SFs:K1)Agrea:P13%ISLie R:S 96-137 5:1 96 both federal and state and county or municipal, relating to CITY's use of the siren whether such statute,, ordinances, regulations, and requirements be now in force or hereinafter enacted Section 12. Partial Invalidity. Should any provision of this License be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this License shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 13. Attorneys Fees. Should either party bring an action against the other for the purpose of enforcing the terms of this License, or for damages arising from its breach, then in such event, each party shall bear its own attorney fees and costs. Section 14_ Time of Essence. Time is expressly declared to be the essence of this Lease. Section 15. Governing Law. This Lease shall be governed under the laws of the State of California. Section 16. Sur-viva]. Terms and conditions of this Lease which by their sense and context survive the termination or expiration of this Lease, shall so survive. �1TLc_ 6 'C SF5 PCI :APrCC:PIWSLic RLS 96-13' 5 1:9b I\ WITNESS WHEREOF, PBMS and CITY have executed this License A-reement as of the date and year first written above. PBMS: CITY: PACIFIC DELL MOBILE SERVICES CITY OF HU\-TI1GTOti BEACH a California corporation a municipal corporation i By: By: Name: Charles Vranek Dave Sullivan Title: Network Deployment Manager Nfavor ATTEST: APPROVED AS TO FORA: City Clerk f l'City Attornev /E-� R-EVIE'WED AND .NPPROX-'ED-. VITIATED AND APPROVED- City A(fi�inistrator Fire Chief Director of Nli Works 7 SF`s;YCll:afire.:P i3115:_ic ItI.S 96-137 5-1-96- STATE OF CALIFORNIA } COUNTY OF On mom. 1, 1% before me, �,T4 A. $ands , personally appeared Charles Vr nek, personally known to me (9 G-4'4 -- t mw nn the ba-&is eyi4et}ee)-to be the personH whose names(s) is;are subscribed to the within instrument and acknowledged to me that he/sI}ek-hey executed the same in his;kef,-'t4�authorized capacity(45l , and that by his/hKAhwr signatures(4) on the instrument the person(, or the entity upon behalf of which the persons}acted, executed the instrument. WITNESS my hand and official seal. JAY D.o BANKS isalo 40MV Commni1075N37 z rX Notary PuWlc—Califomla Signature: Orange County Comm.Expires Oct 22.1999 SF's-PCI)Agree PB%IS1_;t RLS 96-137 5/1r96-=7 STATE OF CALIFORNIA } C0UNTY OF ) On /O I before me, Q t&A'e" personally appeared , pe nally know to me� f•_. � -`.�u' "_c-� c::�'c ��' to be the personUs whose name s!Ls)4sfa re subscribed to the within instrument and acknowledged to me that ke>sher'they executed the same in-hi!WheF their authorized capacity{ies), and that by hiiA+E+their signaturesLs} on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sig==nature: �Y1]. 199 AYBR'CE L.JOHNSON �-� 'ONIM.#991895 z ¢a:+ lic—CoVornia ? OtiANG UNTY MAYBRiCE L.JOHNSON �o COMM.#991635 x Zz Notary Puibiic--California F a ORANGE COUNTY MY Comm.Expires MAY 11.1997 9 SF-s-PCD:Ai;ree:PB%1S1JC IMS 96-137 5:196- EXHIBIT A THE CITY EQUIPMENT FEDERAL WARNING SYSTEMS ELECTROMECHANICAL SIREN DESIGNED FOR OUTDOOR WARNING Three distinct signals to choose from High sound output that can cover up to four square .FEDERAL miles Full battery operation or battery backup _ (2001 DC only) supply unlit will allow the siren to will supply .a minimum of 1s N operate an standard power using minutes of full power output from N Patented stator/horn the batteries forbackur3 power.The its batteries after an AC power loss. high decibel output provides Q design allows highly maximum coverage and minimum The ring radiator within the w& efficient, high output installation cost. Radio activation projector produces a 60 degree r operation from minimal will further minimize installation beam of sound which rotates at 2 0 battery source costs. RPM(adjustable to6RPM1. Steady, Wail,anci Fast W ail tone signals are Tke 2001AC model is icenrica+ to standard. Descriptionthe2001DCexcewn sciesigned'o Tte model 2001 QC is a unique overate an AC power onty.s'ne AC Highly efficient OC motor offers � innovation in hign power outdoor version provides an economical tremendous reliability over siren products. It is:he first ofa new a!:ernative to the 2001 DC W-thcut conventional AC motors commonly v generation a rotating sacrificing sound oul ut or used in outdoor warning sirens. unidirectional, electromechanical re;iabiliry. The 200'AC can be siren that can operate on batteries. upgraded to narery operation at Application In addition to built-in pushburton any time. Models 2001AC and 20010C are con"Cli, the mccal 20010C can high powered rotating outdccr a'sc op conuoi.ea Dy telephone Features sirens that are ideally suited to ,ones ar ra-dio iboth optional) and Federal Signal', 2Cr', 5i,er Ser-es prcvide warning--or weatner, Fre, can t'rseessgnats for uarious iloccs, cremical spilt, hurricanes, apnkaticrs.AnoptionalACpower ai;27d9Cat4C0fept.7ae2C01,DC 4 and other rypesofemergencies. 7L� PAGE 1 OF 2 EXHIBIT A THE CITY EQUIPMENT 20010C SIREN CONTROL UNIT 2001AC SIREN CONTROL UNIT o tt� F1, PCCt7C.^.''v II 11 El m ' C , w • . e I 2001 Siren Specifications 2001AC Siren Control Unit Sound Output: 127 deC&100'too axis] Operating voltage•. 22Cn40VAC Operating Voltage: 48 VOC Current requirements: 30 amps(approx.) Operat:ng Current: 100 amps(nom.) (SO amp 56MCA Roeatien: 2-6 RPM(adjustable) recommended) Operating Temperature: -301C to •601C Operating temperature: •30'C to +60•C Dimensions: 5S"H x 37"W x41"D Dimtradon:: 23.6"H x 23.b"W x SN'D Net Weight: 19S(bs.(1ft we 4e1 Weight: 159 lbs.(72 kgl 5hipping Weight: 470 lbs.(214 kg) Shipping Weight: 182 lbs.(83 kg) 2001 DC Siren Controt Unit signal)nformailon Operating Voltage: 120 VAC,50.60 Hi Emma= g_we�o gore Current gequiremenu: 4 amps 5tardt�r Current .2 amps Steady. 70S Hz t4 A Continuous Signal Time: 15 minutes(min.)®full output Stanaby lime: 20* days tw/5 min.full signal Wail: 470.70S Hz 10 seconds reserve) 'Operating Temperature: .301C to+ 6(rC Fast Wail: 600.705 Hz 3.3 seconds Ovaa.l Oimeniians: 48"M x 24"W x 16"❑ Net Weight: 141 IN(w!a balteriesl 164 kg) Shipping Weight: 234 lbs tw/o batteries)006 kg) Signal dutition: 3 minutes siandanl 2:001TR IAC Power Option for 2001DO p ut, na!sound output, 127 d8C at 100 feet Cperating voltage: 22W240 VAC Rotation: 2-6 fPM;adjustable) C.:rrtm requitemenl3; 30 amps(approx.) 00 amp service How To Order recommendecil S,ren: 200'0C or AC Speaker Array Operaong -30•C to - 601C Dimensions: 23"H a 11"W x 1O"D Contra): 1JC•AC Siren Control Unit or t;C'DC Siren Contra!]:nit Not We:ghe: 133:bs.160 k;l 4adio Option: Specify Re'.DTAAFu Two-ton. Shipcirg Weight-. 148 lbs.t671(g) sequtntl al,CTCSS frequency -aacarr CWP.". 24t31DCOplions: fATTfl uNOTINCLUDfD. RfCOMMFNDDfLCOVOYACFR 2CC'TA AC Power MODEL M24Mf 200;r,'d BariStep d Warmers �flAL 19ONAL. COR1 ORAMN 2CC;•;+C Step down u rte ansfoer 2+0 VAC Federal Warning Systems 254S Ftdera4 Signat OrNt, .;mversirr Park,;L 6t1466 yn Wes 90C/54&7229.Fax 7C81534- M PAGE 2 OF 2 T� FILE No. 431 05/23 'c6 13:27 I ri:PS IS;Su'A 14��5��:�r Pa`��t ? FILE No. 854 08,,20 '85 14.38 IAsPB!'1S • 1 a40Y#rat Vo atwAhud Is■twit INe wd coo"aapy of rartaln ratatutlana duly e00ptad by the 800,4 of Dkvmm of Paolfk bell Wolfe BeNicaa on Apol 20, 1195, and ad In of*M on the ants hnmaf. Theme rr.alutlane ennp"wr K. F, SIMer, Cnlef FlnencSal OfStcur,to 64cwte and apprar• all lease documents on behalf of Psalftc Boll Mobile Servlcaa, � r w e ung r Dated; Son Francisco, Co tfomla September 12, J IM Carporsts Approvals RESOLVIR-d that the Prpsidsnt any Vice Pro►aldent, and the Chief Financial OfTloer ofthls aarporstion, and each of them, ar+s authcrfW, for and ore baherf of aria aow(Stlon, to execute and approve any and all contracts, leases, bills, vouchers, advances, capital expendlWes, and general buslmass and flnoncJal maftre rossennbly nsoeassry for oanOWcbng the usual affelrs of this earporatlon, with such varying terms and amounts as are dammed gppmpdah in his or her sale dlscretlon, and to doslgnate in writing other offfcars or employees of title corporation who are and ■hall be ampmuered to exaeutr and approve s4cft matters In hIs or her place and stood; provided, however, that no awftdty hereby conferred shall conflict with any butha ty conferrod by the By-Laws of this corporation; end bt!r It FLATHER RESOLVED that when thin Board by rssolutlor► hea authorized an officer or emplayea of tlif s corporation to so W. or whom she Arooldent, any Vice President or tha Chief Financial Officer has designated an offloor or amp?ayes of th)s corporaVon to execute and nPprove an behalf of this corporation contracts, Ieeaiac bllls, vouchers, advance&, capital expendltures, and general business and flrancdal maltarn, In the event of the. absence of such cfficar or employee, any athar officer or employee who has been specifically muthorited In wrlting by the absent ofticer or employes to act In his or her place and stead may exercise the authotfty so delegated by the absent parson to execute and xppmvs such documents on behalf of this corporaton; and Oa it FURTNF.R RESOLVSp that the preceding resolutions suppnede the resolutions adopted by this Board on June X, 1994 regarding corparats approvals. Board of Directors Pauffle Bell irw GM$ 6erviu0 April 28, 1995 490T Teti ET2 78FJ31 •U•7 -113e Did WdOO;2T SF. S2 03SWMMM=00� -__ y �•v: 34FM F0 F 1 Lc%I-�i. . 431 05/23 '96 13:27 P-ris/3BA 71432 5 PAGE 3 PACIFIC UBEU. Mobile Services 4410 Rosewood Drive, Building 1, 4th Floor, Pleasanton, CA 94588 510/227-4244 M E M O R A N D U M DATE: December 12, 1995 T o: SDM's (see distribution) CC: Ken Eimer Caroline Houston Barbara Hendricks TJ. Natalo FROM; Chuck Johnsto R E: Site Lease Appro s Effective Immediately, all Site Development Managers have the authorlty to sign all lease agreements, regardless of the monthly lease rate, signing bonus and CPI increase. The one exception to this authority level is the tease with a terra of less than five years. For those leases that are less than five years in duration prior approval from Ken FJmer is required. Please use the Lease Certification/Site Rental Authorization form to obtain that approval. These forms should be sent to Barbara Hendricks. Even though five years are acceptable as a last resort, we believe ail of our Independent contractors, should still make every effort to negotiate a minimum term of fifteen_years. Following execution of the lease, a Lease Certificatlort/Site Rental Authorization form together with a copy of the lease must be completed and forwarded to the Property Manager at Headquarters within 1 week where the lease contains the following provisions: 1. $amount exceeds $700/month 2. CPl maximum exceeds 5% per year 3. Stopped increases that exceed 5% per year It is essential that elf lease agreements that are not in the standard PBMS form or utilize the standard PBMS 'drop-in' language undergo a final legal review by an authorized PBMS attorney or paralegal prior to execution. Distribution: Charlie Vranek Deni Hari,g_ Kevin Flaherty Ann Goodwin Phil Wllanbah Mike McWhirter Shawn O'Connor Bob Berger Kay Hennessy i i LICENSE AGREEMENT C3 This License Agreement is entered into this b-�,.day of 1996, by and between PACIFIC BELL MOBILE SERVICES, a California corporation ("PBMS") and the CITY OF HL;NTINGTON BEACH, a municipal corporation ("CITY"). RECITALS A. The parties have previously entered into an Agreement entitled "Master Communications Site Lease Agreement Between the City of Huntington Beach and Pacific Bell Mobile Services", dated April 2, 1996 (the 'Lease"), which authorizes PBMS to install poles with antennae (the "Facilities') on certain CITY-owned real property ("'Lease Sites") described in schedules attached or to be attached to the Lease (the "Schedules). Pursuant to the Lease, CITY has approved two Lease Sites for the location of PBMS's Facilities: Fire Station-3 located at 19711 Bushard Street (the `Fire Station-3 Site"), and the Main Library located at 7111 Talbert Street, Huntington Beach, California. The rent due the City is One Thousand Two Hundred Fifty Dollars ($1250.00) per Lease Site. PBMS is to use the Lease Sites to construct, maintain, repair and operate a narrow band PCS mobile/wireless telecommunications service system. B. Pursuant to Section 3.01(b) of the Lease, PBMS has agreed to permit CITY to attach certain equipment to PBMS's Facilities for CITY's exclusive use so long as CITY's equipment does not interfere with PBMS's communication operation. PBMS now wishes to grant to CITY a license to use PBMS's Facilities located, or to be located, on the Fire Station Site as more particularly described herein. 1 �1T s Ps:Pcv:Agreo:f'M ISU,: RL5 M-13' 5.1m% 7 NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. License. PBX.-IS hereby grants to CITY a license to use a portion of PB%IS's Facilities installed or to be installed on the Fire Station-3 Site for purposes of using, maintaining and repairing the equipment described in Exhibit "A" attached hereto (the `City Equipment-'). PBMS shall remove the existing siren pole at the Fire Station-3 Site and install its Facilities, including a new pole. The Facilities shall be constructed in such a manner so as to support the City Equipment. PBMS shall purchase the City Equipment, and install such City Equipment on PBMS's Facilities pursuant to the manufacturer's specifications at no cost to the CITY. The CITY shall accept ownership of the City Equipment following a satisfactory demonstration that it is in good working order. PBMS shall transfer all warranties issued by the manufacturer of the City Equipment to CITY. As additional consideration to PBMS for the cost of replacing the existing siren and purchasing and installing the City Equipment, the rent for the Fire Station-3 Site shall be abated for the first six (6) months of the Lease term for the Fire Station-3 Site as set forth in the Schedule covering the Fire Station-3 Site. The total value of this rent abatement is Seven Thousand, Five Hundred Dollars (S7,500 00). Section 2. Maintenance. Once accepted, CITY shall be solely responsible for maintaining and repairing the City Equipment at CITY's sole cost and expense. PBMS shall provide CITY with access to the City Equipment at all reasonable times to allow CITY to perform such maintenance and repair obligations. CITY shall notify PBMS prior to performirl�, any maintenance or repair work so a PBMS representative can monitor such -work to ensure that no damage is done to PBMS's Facilities. CITY shall repair any damage caused to PBMS's Facilities caused by CITY or its employees, agents or contractors. CITY shall be responsible for 2S S E's-PC 7::1&rcc:1'13\[S fir RLS 96.13? 5-1 96- the eventual replacement of the Cite Equipment and the costs thereof provided that DBMS shall maintain its Facilities, including that they continue to support the City Equipment. Section 3. Rights and Obligations of the Parties. The rights and obligations of the parties to use of the Facilities and the installation of the City Equipment are subject to all terms and conditions of the Lease. In case of any ambiguities between the Lease and this License, the Lease shall control. Should the Lease be terminated, removal of the City Equipment and the Facilities shall be subject to terms and conditions as specified in the Lease, provided that the CITY shall have the option to require PBMS to abandon the pole in place. Section 4. Term. This License shall remain effective so long as the Lease for the Fire Station-3 Site remains in effect. Section 5. Indemnification. CITY hereby agrees to protect, defend, indemnify and hold and save harmless PBMS, its shareholders; officers, partners, employees, agents and affiliated entities (collectively, the "PBMS Indemnities") against any and all liability, claims, judgments, costs (including, without limitation, attorneys' fees) and demands, however caused, brought by third parties, arising from the operation; repair and/or maintenance of the City Equipment. Section 6. Insurance. (a) CITY shall carry at all times incident hereto, on all operations to be performed hereunder, commercial general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall name all PBMS indemnities as additional insureds and provide coverage in an amount of not less than One -Million Dollars (S 1,000,000) combined single limit coverage. �17 S F s:I'C D:.1�r�•::k'E31.1 ti Li. RL5 95-1 Z? 5196-7 (b) CITY shall also care' at all times incident hereto '-all risk" property insurance on the City Equipment with replacement cost coverage. (c) If the coverage provided under the commercial general liability insurance policy required hereunder includes a designated general aggregate limit, such limit shall be no less than One Nfillion Dollars (51,000,000.00) and CITY shall immediately notify PBMS of any known depletion of limits, CITY shall require its insurer to waive its subrogation rights against PBMS and agrees to provide certificates of insurance evidencing the same. Section 7. Certificates of Insurance, .additional Insured Endorsement (a) CITY shall furnish to PBMS certificates of insurance evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to PBMS.. (b) The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of PBMS by CITY under this Lease. CITY shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. (c) CITY shall have the right to self-insure with respect to any of the above insurance. Section S. Waiver of Subrogation. CITY releases the PB%IS Indemnities from any claims for damage to any person or property caused by, or resulting from the operation, maintenance and repair of the City Equipment. CITY shall cause each insurance policy obtained 4 ,T�= RLS 96-;17 5•t.96----- by it to provide that the insurance company waives all right of recovery by way of subrogation against PBMS in connection with any damage covered by any policy. Section 9. Force Majeure - Unavoidable Delays. Should the performance of any act required by this Lease to be performed by either CITY or PBMS be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials. restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the performance of any act rendered difficult solely because of the financial condition of the party, PB',viS or CITY, required to perform the act. Section 10. Notice. Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as foiiow= TO CITY: TO PB'IS: City Clerk Pacific Bell Mobile Services City of Huntington Beach Attn: Charles Vranek, Network 2000 %Main Street Deployment Manager Huntington Beach, CA 92648 2955 Redhill Avenue, Suite 100 Costa Mesa, CA 92626 PB%,-IS or CITY may from time to time designate any other address for this purpose by written notice to the other party. Section 11. Compliance with Law. CITY shall at its own cost and expense comply with all statutes, ordinances. regulations, and requirements of all governmental entities, Srs:PCD-Agree.P[WsLic f RLS 9f-137 51.96-- both federal and state and county or municipal, relating to CITY's use of the siren whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. Section 12. Partial Invaiidity. Should any provision of this License be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this License shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 13. Attornevs Fees. Should either party brim an action against the other for the purpose of enforcing the terms of this License, or for damages arising from its breach, then in such event, each party shall bear its own attorney fees and costs. Section 14. Time of Essence. Time is expressly declared to be the essence of this Lease_ Section 15. Governing Lary. This Lease shall be governed under the laws of the State of California Section 16. Survival. Terms and conditions of this Lease which by their sense and context survive the termination or expiration of this Lease, shall so survive. 6 SI-s:PC;):Agree:PB%ISI_iz 121S 96,137 51.96_._7 INT WITNESS WHEREOF, PBMS and CITY have executed this License Agreement as of the date and year first written above. Pf3MS1 CITY: PACIFIC BELL MOBILE SERVICES CITY OF HUNTINGTON BEACH a California corporation a municipal corporation B -&'m� Bv- 0-,6.r Dame: Charles Vranek Dave Sullivan Title: Network Deployment Manager Mayor ATTEST: APPROVED AS TO FORM: City Clerk f°City Attorney �� per- fl,pgg� REVIEWED AND APPROVED; �INnITIATED AND APPROVED: sti f r L City Adn6Aistrator Fire ief Director of P blic orks 7 S F S TC D:Agree:1`13.%NJ R[S 96-137 5196 STATE OF CALIFORNIA ) COUNTY OF OrartAeki _ ) On Mai 40 r�� _before me, ��• $emk S , personally appeared Charles Vra ek, personally known to me (or -- eyident:e') to be the person} whose names(-&) is/a*e subscribed to the within instrument and acknowledged to me that he:'s4e", executed the same in his/hef4hiLif authorized capacity6i&4, and that by his*er it sianatures(F,4 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 Commission i1076937 z z Notary Public—Calltomia Signature: Orange County My Comm,Expires Oct 22,1M 8 SE.•s_PCD:Aycc-1'11%,sLic j Ri_s 96-137' 5'L9G-:c7 STATE OF CALIFORNIA ) COUNTY OF On �Qu__.�.e_161 96 before me, 2 , personally appeared , personally know- to me m to be the p rsonW whose namesO i6/are subscribed to the within instrument and acknowledged to me that#e�f ''they executed the same in iso' their authorized capacity ies , and that by his er�their signatures(�on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. `FITNESS my hand and official seal. MAY8MCE L.JCNh5ON Signature: l z ,-• COM.M.#991835 z -; � NW-OrY Public—Cafitomia ORANGE COUNTY Foy Comm.ExPlres MAY 11, 1997 9 of"s:PCll::1g e-PHMSI_i,; RLS 9G-137 5196 EXHIBIT A THE CITY EQUIPMENT WARNING SYSTEMS FEDERAL WARI' ELECTROMECHANICAL SIREN DESIGNED FOR OUTDOOR WARNING SAM Three distinct signals to choose from High sound output that can cover up to four square FEDERAL miles Full battery operation or battery backup (2001 DC only) supply unit will al:ow toe siren to will supply a minimum of is operate an standard power using minutes of full power output from Patented stator/horn thebateriesforbacku'D Dower.The its batteries after an AC power!oss. Q high decibel output provides a design allows highly maximum coverage and mini,num The ring radiator within the wA efficient, high output instailation cost. Radio activation projector produces a 60 degree > operation from minimal will further minimize installation beam of sound which rotates at 2 battery source costs. RPM(adjustable to 6 RPM).Steady, Wail,and Fast Wail tone signals are The 2 001 AC model is icent:cal �c standard. Description .he 2 00',DC except i t;s d es i 9-e d'o T-e model 2C0'DC is a unique oce!are on AC power or.hy. T.-'eAC Highly efficient DC motor oilers innovation in high power outdoor version provides an econarn:cal tremendous reliability over ry s'reri products. 1,-';s-he first of a new alternative tome 200 1 DC--,hcul conventionalAC motors common;y Sen.2 ra ti on a rotating sacrificing sound ourou( or used In outdoor warning sirens. unid-.,tctional, electromechanical r6iaUiry. The 2C0.A(Z Can be siren that can operate on batteries. upgraded to banery coerat.ion a. Applications In addition to built-in pushbutton any time. Models 2001AC and 20010C are con�:oi, the modei 200110C can high powered rotating outdOC!r als-- --e controieo by telephone Featurei sirens that are ideally suited '0 U-,es or radio iborh cpncnal! and .4dera! Signal's 200! 51-a'% Series pravitre warning for weatner, Fre, can orcd uce t-ree stgr als for%warious offers a docurnewec v3r.a;s,,,e�S!n j floods, cnemical iptil, hurr':canes. ap c'.i cati OnS.An 006onal AC power al"127cKat IGG,'eet.TPe2C0.r-'C and other types of emerger6es. PAGE t OF 2 • r EXHIBIT A THE CITY EQUIPMENT 2001 DC SIREN CONTROL UNIT 2001AC SIREN CONTROL UNIT o .0 I 2001 Siren Specifications 2001AC Siren Control Unit Sand Output: 117 d9C 6 100'Ion axis) Operating voltage: 2201240VAC Operating V oltage: 49 VOC Currant requirements: 30 amps(aporosc) Operating Current. 100 amps(nom.) (50 amp service 904tiont 2-6 RPM(adjustable) recommended) Operating Temperature: .301C to. 60'C Operating temperature: -30'C to t 601C Dimensions: S5"R)t 37"W x 41"D pimefusens: 23.6"H x 23.6"W:t 9.8"D Nei weight: 1951b5.11-0 Ig Net Weight- 159 Ibs,(72 kg) Shipping Weight: 470 lbs.(214 kg) Shipping Weight: 182 lbs.Ia3 kgl 2001 DC Siren Control Unit Signal Information Operating Voltage: 120 VAC,50-60 Hi Fren urn r Aw-on Rn RI! Curren]Requirements: 4 amps 5tandby Current: .2 amps Steady. 705 Ha N A Continuous Signal Time: 15 minutes(min.)®full output Standby Time•. 20 w days tw15 min.full signal Wail; 4 70.705 Hz 10 seconds reservel 'Opera6mgTemperature: -301C to + 60`C Fast,Nail: 60C-70S 4z 3.5 seconds Overall Dimensions: 4111"M x 24"W x lb"O Net Weight: 141 Ibs tw/o batteries),64 kgl Shipping Weight; 234 Ibs Iw/o ban fies)(106 kg) Signal dantion: 3 minutes standard 2001TR(AC Power Option for 2001 DO O nal sound outtput:rut; 127 dgC at I CO fart Ope•3tinj voltage: 2I0/240 VAC Rotation: 2-6 R?m ladiusuble) Current requirements: 30 amps fa;prox.) t50 amp service Flow To Order reccmalendedl 5-ren. 2C01 DC a AC Spaaiter Array Operating rempwawfe: -30'C to ► 60•C Control: L;C'AC$iren Control Unit or Dimensions: 23"H x t 1"W s 10"0 UVOC Siren Control tint Nei Weigh(: 133 Ibs.1604p $adioCesion: Soecify V.OTAnFw wo-tw4 Shippir&Weighs: 148'bs.(67 kg) tequtntixt.CCSS frstVtntr bury umpv nVNa mn l W MAf Aa vd M•1 a C 0,NVW. 2001 DC Options: iAr7Eela niOr miCLUDED. RECOMMEND DEL CO VOYAGER 2001TA AC Power A40DE1.W24Mf 200"24 Slep down Warmers �� sitSHAL COR�ORxnaN 2C0t":+0 Slep down tfansformer 2+0 VAC Federal Warning Systerns 25+S Fe;eras S,gna1 Irwt,Unvvtniry 4arlE.IL 50a56 �s Lases!Dt:i54&72:9.Fax 70g153"153 PAGE 2 OF 2 G FILE hl D. 431 05/23 '96 13:27 ' PerIS/SBA 71 ti ? PAGE 2 FILE, No. 854 09,,20 '85 14'-88 1p;PWIS bi. sr R8 195 02 rO F I certlfy that th• adwh■d is■YWk, trtila*Ad comml copy of certain resolutlans dull/adopted by the BOW4 of 01ra t "of Pacific ball mullp BaNIcat an AM120. 1994, and ip In effeal on the doe hereof. Theis roaolutlans empower K P. F-Ifner, Chief Financial Of er,to wawts and appeove All Ions* documents on !behalf of P=1110 Boil Mobile Bervim, e tlno ry Dated. 1114M Francisco, C4111'bmla Saplember 12, 1105 . . Ftl,J--,'No, 864 '08i2p '8b 14:36parl5 bI_ - 95 Corporate Approvala r RESOLVED that the President, any Vice president, and the Chief Finenc(sl Met of this corporation, and each of thorn, are authorized, for area an behalf of this aorpofstion, to execute and approve any 4nd all contracts, leases, bllle, vouchers, advances, replied expenditures, and general business and financial mensre r■ssonebly naoassery for oonduatlrtg the usual affairs of this oorporatlon, with auch varylnQ terms end antotrnta as are doomed appropriate In his or her sole discretion, and to daslonate In writing other OfMcars oramploy*ea or this corporstlen who am anal shall be arnpowarsal to execute arld approve such matters In his or her piece and stsad; provided, however, that no suthottty hereby conferred shall aartifllct with any duthatib conferral by the By-Lawn of this corporation; and be It FURTHER MRSOLVED that when this board by resolmlon has sulhorised an officer or employee of this corporation to so act, or when the Prreaialent, any Mae President or the Chief Financial Officer has deslansted an after or employee of lh)s corporation to execute 4nd approvo an bateau'of this corporation contrscts, lesaas, bills, vouchers, advances, capital axpendlturas, and pamorai business and financial maltarv, In the event of the: absence of such oNlaer or employer, nny other afflcer or employs&who has aeon speclfiasily outhorlxed In writing by the absent officer or employes to not In his or her place and stood may exercise the authority so dslegaW by Me absent person to execute and approve such documents an behalf of this corpors0an; and be it FATHER RBBoLVBp that the precadlna resoluilons supersede the resoluttans adopted by this Board on Juno 7, 1994 regarding corparrta approvals. Basra of Difutora Pacific ten Mobut Sal vicar April20, lgblt d Se: YBb E T �t�93� 'd•7 1-06 Duct W40:2 T SS, s2 d3S� 4P14 'J � I LF Igo. 431 0�123 '96 13:27 °BNS/SE-A 71 2F PAGE 3 PACIFIC[313ELL. Mobile Seivleae 4410 Rosewood Drive, Building t, 4th Floor, Pleasanton, CA 94588 510/227-4244 M E M 0 R A N D U M DATE: December 12, 1995 T o: SOM's (see distribution) CC: Ken Eimer Carolina Houston Barbara Hendricks T.J. Natale FpOM: Chuck Johnsto RE: Site Lease Appro s Effective Immediately, all Site Development Managers have the authority to sign all lease agreements, regardless of the monthly lease rate, signing bonus and CPI increase. The one exception to this authority level is the lease with a term of less than five years. For those leases that are less than five years in duration prior approval firm Ken Elmer is required. please use the lease Certification/Slto Rental Authorization form to obtain that approval. These forms should be sent to Barbara Hendricks. Evan though five years are acceptable as a last resort, we believe all of our Independent contractors, should still make every effort to negotiate a minimum term of fifteen. years. Following execution of the lease, a Lease CertificatioNSite Rental Authorization form together with a copy of the lease must be completed and forwarded to the Property Manager at Headquarters within 1 week where the lease contains the following provisions: 1. $amount exceeds $700/month 2. CPI maximum exceeds 5% per year 3. Stepped 'increases that exceed 5% per year It is essential that all lease agreements that are not in the standard DBMS form or utilize the standard PSMS 'drop-in' language undergo a final legal review by an authorized PSMS attorney or paralegal prior to execution. Distribution: Charlie Vranek Deni Harri -�— Kevin Flaherty Ann Goodwin Phil Millenbah Mike McWhirter Shawn O'Connor Bob Berger Kay Hennessy R SBik7 SBA, Inc.•Wireless Communications Consultants National &International 2955 Redhill Avenue Costa Mesa, CA 9262 CM-089-1 1 Huntington Central Library May 6, 1996 Cite of I itintington Beach Dire Department Attention Michael P. Dolder Fire Chief 2000 Main Street I-luntinglon Beach, CA926 48 Re: CM-089-1 1. Memorandums of Lease, Rent Check, Title Review Dear Michael 1". Dolder: Enclosed are the lallowing: 1.) One check numbered 1946 from Pacific Bell Mobile Services made payable to the City of Huntington Beach in the amount of S 1.2-50.00. This check covers the first month's rent. Rent commenced on Mav 1, 1996; 2.) One cope ofan SBA. Inc. Title Review document dated 9-27-95 which states that we may need to obtain the written approval of the Secretary of Housing and Urban Development for Pacific Bell Mobile Service's lease on this property:and 3.) Three copies of a Memorandum of Lease for execution; Please take the following actions regardin-these documents: 1.) Please deliver the S 1,250 check to the proper authorities in the City of Fluntington Beach; 2.) Please determine if we need to obtain the written approval of the Secretary of Housing and Urban Development. As mentioned in the Title Review. it may he possible for the City of Huntin�zton Beach to indemnify Pacific l3ell Mobile Services or to have the restriction waived: and 3.) Please fully execute all three(3)copies of the Memorandum of Lease. and mail two(2) copies back to me in the enclosed self-addressed enveiope. All signatures on this document must he notarized. Please have all parties initial every page of-the document in the bottom right hand corner. This document will eventually be recorded at the County Recorders Office: I� Cite of Huntington Beach Fire Department Attention Michael 11. Dolder Fire Chief May 6, 1996 Page 2 of'2 It is important to make sure the Memorandum of Lease documents are appropriately dated when they are signed. The blank where the date is filled in is located at the top of the first page. .I'hese documents were typed in the month of May. However, the proper authorities may not be in a position to sign them until the month ol'June. If the documents are signed in June, it will he necessary for you to line through the word May. write June below it, fill in the day of the month the documents were signed. and then have all parties initial the change. Should you require any additional information, please contact me at(714)825-8071. Thank you for all your help and 1 will look forward to working with you in the future. Sincerely, l'im Craven SBA, Inc. An Independent Contractor Representing PBMS I'Gdja Enclosures cc: file CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 11, 1996 Dan Schriver SBA, Incorporated 2955 Red Hill Avenue, Suite 100 Costa Mesa, California 92626 Dear Mr. Schriver: The City Council of the City of Huntington Beach at their regular meeting held June 3, 1996 approved execution of the enclosed License Agreement and Memorandum of Lease between the City of Huntington Beach and Pacific Bell Mobile Services for a PBMS Monopole Facility at Fire Station 3 on Bushard Street. Enclosed are four duly executed copies of the License Agreement, two executed copies of the Memorandum of Lease for two different properties, and two copies of the Memorandum of Lease to be conformed and returned to the City Clerk's Office. Sincerely, Connie Brockway City Clerk cb:mh 96-002mh 1 Tale phon e: 714.536.5227) J OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTILNGTOT BEACH • CALIFORNIA • N---A/N/1/N--.v---- vas-N--------.Vti/--------- + P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION May 24, 1996 Petition Document: CONDITIONAL USE PERMIT 1\O. 96-22 DESIGN REWEW BOARD NO. 96-6 (PERSONAL CONIMU ICATION POLE) Applicant: Susan DeSantis Request: To combine a 56 foot and six (6) inch high personal communication pole with the existing fire station communication pole. The request includes a petition to exceed the maximum height allowed in the Public- Semi Public Zone by six (6) feet and six (6) inches. Location: 19711 Bushard Street (northwest corner of Bushard Street and Cape Cod Drive) Project Planner: Brian James Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on May 22, 1996 and your request was Conditionally pproved Included in this letter are the Conditions of Approval for this application. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party_ Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Six Hundred Fifty Dollars ($650.00) if the appeal is filed by any other party. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is June 3, 1996. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after the final approval, unless actual construction has begun. CUP 96-22 f DRB 96-6 Page 2 FINDINGS FOR APPROVAL - CONDITIONAL USE PEWMIT NO. 96-22 / DESIGN REVIEW BOARD NO. 96-6: 1. Conditional Use Permit No. 96-22 / Design Review Board No. 96-6 for the establishment, maintenance and operation of the 56 foot six inch high communications pole will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood A similar communications pole, 47 feet high, currently exists in the same location. The proposed communication tower combines the existing tower with the Personal Communications Services antenna. This eliminates the need for a separate tower facility and reduces visual clutter in the neighborhood. There is no known health risk associated with the facility. The proposed tower generates non-ionizing waves at less than 1 microwatt, less than the accepted at risk level of 60,000 microwatts; 2. The granting of 56 foot six inch high communications pole will not adversely affect the General Plan of the City of Huntington Beach. The proposal conforms to the goals and policies of the Land Use Element (Section 3.4.2.6.1, Comn71111ity Facilities, and Section 3.4.2.7.1, Resiclential Development) by providing utility systems to meet projected demands and by encouraging the rational use of land through the combination of two facilities; y 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed 56 foot six inch high communications pole is located in the public right-of-way and exceeds the 50 foot height limit for the Public, Semi-Public (PS) zone. The request to exceed the height of the base district by five feet six inches is required to combine two communication facilities into one pole. The combination of two poles is preferable to reduce the visual clutter in the residential neighborhood. SPECLAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-22 / DESIGN REVIEW BOARD NO. 96-6: 1. The site plan, floor plans; and elevations received and dated April 19, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following- a. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. Prior to submittal for building permits, the following shall be completed- a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. (g-zaAtr:cup9622) • i CLIP 96 22`DRn 96-6 Page 3 b. Note on plans: "See License Agreement. Per the license agreement, new City equipment, purchased by DBMS, shall be installed on the new monopole. 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A revised site plan shall be submitted depicting the modifications described above. b. A Landscape Construction Set submitted to the Department of Public Works. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be complete and approved by both Departments of Community Development and Public Works prior to issuance of building permits. c. Obtain an encroachment permit from the Department of Public Works. A copy of the encroachment permit shall be submitted by the applicant to the Department of Community Development for inclusion in the entitlement file. 5. Installation of required landscaping and irrigation systems shall be completed prior to final inspectiorthvithin twelve (12) months. 6. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. INFOR-NIATION ON SPECIFIC CODE REOi:I<REMENTS: 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division; and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. 4. An encroachment permit shall be required for all work within the City right-of-way. 5. Construction shall be limited to Monday through Saturday, 7:00 ANi to 8:00 PM Construction shall be prohibited Sundays and federal holidays (g:za:1trxup9622) CUP 96-22'ORB 96-6 Page } 6. The Zoning Administrator reserves the right to revoke Conditional Use Permit 1\o. 96-22 / Design Review Board 'No. 96-6 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs The Department of Community Development will perform a comprehensive plan check relating to all Municipal Code requirements upon submittal of your completed structural drawings. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Code requirements. It is recommended that you immediately pursue completion of the Conditions of Approval and address all requirements of the Huntington Beach Municipal Code in order to expedite the processing of your total application. I hereby certify that Conditional Use Permit 1\o. 96-22 /Design Review Board No. 96-6 was Conditionally Approved by the Zoning Administrator of the City of Huntington Beach, California, on May 22, 1996, upon the foregoing conditions and citations. Very IrulyAAo 7�?44 -04 Herb Fauland Zoning,,,,Administrator HF:BVk (g zaArxup9622)