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HomeMy WebLinkAboutSCE - Southern California Edison - 2002-11-18 (5) C AIL P ,� Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ Conditionally Approved © Denied City Clerk's Signature Council Meeting Date: November 18, 2002 Department ID Number: AS 02-43 CITY OF HUNTINGTON BEACH o - REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator,�'?,-�-7 PREPARED BY: CLAY MARTIN, Director of Administrative Services 1- MICHAEL P. DOLDER, Fire Chief/Director of Informati n S ces SUBJECT: APPROVE THREE PARTY WIRELESS AGREEMENT BETWEEN THE CITY, SOUTHERN CALIFORNIA EDISON AND LOS ANGELES SMSA, DBA VERIZON AT TALBERT PARK Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Staff has negotiated a three party Communications Site License Agreement with Southern California Edison and Los Angeles SMSA Limited Partnership dba Verizon Wireless to provide for the installation of wireless equipment in a SCE easement area in Talbert Park. Funding Source: NIA Recommended Action: Approve a three party Communications Site License Agreement between the City of Huntington Beach, Southern California Edison and Los Angeles SMSA Limited Partnership dba Verizon Wireless based on the attached terms and conditions, and authorize the Mayor and City Clerk to execute and process any and all documents necessary to conclude the transaction. Alternative Action(s): Do not approve the three party agreement. Analysis; Southern California Edison (SCE) and Los Angeles SMSA Limited Partnership dba Verizon Wireless, entered into a Master Agreement in 1999 which allows Verizon to install wireless communications equipment on SCE transmission towers within SCE easement areas. SCE owns and maintains an easement for transmission towers in Talbert Park, where Verizon proposes to install wireless equipment. i AQUEST FOR COUNCIL ACTI+ MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: AS 02-43 Talbert Park is located on the east side of Magnolia Avenue, between Yorktown and Garfield Streets. It is across the street from Langenbeck Park. A map of Talbert Park is included as Attachment A in the proposed agreement. Staff has negotiated a three party Communications Site License Agreement which would allow the City to share in the revenue generated by Verizon. The terms of the three party agreement reflect the base terms of SCE's Master Agreement with Verizon; the initial term of the agreement is for five years and SCE has the right to extend the term of the three party agreement for three additional five year terms. The three party agreement will provide the City with a yearly license fee of $12,000 from SCE, which will be adjusted annually based on the Consumer Price Index. The Planning Department reviewed and conditionally approved Verizon's plans for the installation of equipment on the SCE transmission towers as part of Conditional Use Permit 01-70 on May 23, 2002. The City Attorney's office, the Director of Administrative Services and the Fire Chief/Director of Information Services all recommend approval of this agreement. Environmental Status: NIA Attachment(s): City Clerk's Page Number No. Description 1 Three pa Communications Site License Agreement 2 Conditional Use Permit 01-70 RCA Author: Bodek 5445 D.-Oocuments and settingslkuhnkeelLocal SettingslTemporary Internet Files%OLK6Wreless.SCE3partyagmt.1 1-06-02.doc- 2- 111812002 3:08 PM • ATTACHMENT # 1 i► ! December 6, 2002 Carol, RE: Ann Gildersleeve, Southern California Edison, @ 714-934-0845 Site License Agreement with Southern California Edison and Los Angeles SMSA Limited Partnership She returned your call this morning and left the following message: She appreciated you returning her call. Ann is located in the Westminster office. Southern California Edison's main headquarters are in Rosemead off Walnut. It appears this is the office the information was sent to. Please call her back with the exact address and any specific information as to "a department or someone specific that it might have been sent to their attention" so she can track it down— it might just be sitting on someone's desk. When I {Kathy} returned from lunch and received the message I tried to return the call. I was only able to get her voice mail. I let her know you would return on Monday morning and left this information from the letter of transmittal address as follows: Southern California Edison Co. 2244 Walnut Grove Avenue Rosemead, CA 91770 Regarding: Three Party Communications I will forward this information to Connie when she returns from lunch. Kathy • J OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH P. O.Box 190/2000 Main Street . Huntington Beach,CA 92648 (714) 536-5227 (714) 374-1557 FAX LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: _November 25,2002 TO: Southern California Edison Co. ATTENTION: Name 2244 Walnut Grove Avenue DEPARTMENT: Street Rosemead, CA 91770 REGARDING: wee Party Communications City,State,Zip T0: Los Angeles SiSSA Limited Partnership Site License' Agreement.Frith Sou }iern .Calif Los-Angeles-SMSA dba Verizon Wireless 18p Was t Dalley . Bedmgnst , NJ 0 921ii/i8�02 See Attached Action Agena/tern E Date oApproval7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance % RCA Deed Other CC: Amy Bodek RE _ Admin Svcs. % % % Name Department RCA Ag-cment Insurance Bonds C_ Mendoza _ R3. Ha Pg,,ment x Name Department RCA Agreement Insurance Bonds Clay Martin ASD. - Name Depamsent RCA Agreement_ _ - Insurance Bonds Michael. Dolder Fire Dept. x % S Name Department RCA Ag--mt Insurance Other Name Department RCA Ageement Insurance other g:/foilowupAettersleovedtrRevA.doc COMMUNICATIONS SITE LICENSE AGREEMENT THIS COMMUNICATIONS SITE LICENSE AGREEMENT ("Agreement") is entered into this day of , 200_, by and among City of Huntington Beach, ("Licensor"), Southern California Edison Company, a . California corporation ("SCE"), and Los Angeles SMSA Limited Partnership, dba Verizon Wireless ("Carrier") (collectively, the "Parties) with reference to the facts set forth below: RECITALS A. Licensor is the owner of that certain property located in the City of Huntington Beach, County of Orange, State of California as more particularly described in Exhibit A attached hereto ("Property"). B. SCE is the owner of an easement and right of way for electrical transmission and communication purposes which encumbers all or a part of the Property pursuant to that certain grant of easement to SCE, dated March 24, 1955, and recorded on February 29, 1955, in Book 3415, page 184, as Instrument No. 29707 of Official Records in the office of the County Recorder of Orange County, State of California, a copy of which is attached hereto as Exhibit B ("Easement"). Nothing in this Agreement shall limit, modify or degrade SCE's rights under the Easement. C. SCE has constructed, among other facilities, electric transmission towers and/or poles within the Easement ("Electric Facilities). D. Carrier is a provider of communication services which require the transmission and reception of radio communication signals on various frequencies. E. Carrier desires to install communication equipment on the Electric Facilities and on the surface of the Easement in furtherance of the provision of communication services ("Carrier's Equipment"). F. SCE and Carrier have entered into that certain Master Agreement dated May 18, 1999, and have or intend to enter into that certain Standard Agreement No. 26 , dated aTOte#- 4 2002- (collectively referred to herein as the "Master Agreement"), the terms of which govern Carrier's installation of Carrier's Equipment on the Electric Facilities and on the surface of the Easement. Solely as between Carrier and SCE, in the event of any conflict between the terms or conditions of the Master Agreement and this Agreement, the Master Agreement shall govern. License Agreement-Garfield.doc G. Licensor is willing to (i) permit Carrier to install, operate and maintain Carrier's Equipment on the surface of the Easement and (ii) permit SCE to allow Carrier to install, operate and maintain Carrier's Equipment on the Electric Facilities. NOW THEREFORE, in consideration of the above-referenced facts, the covenants of the. Parties contained in this Agreement and for other valuable. consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. License. Licensor hereby issues a license to SCE and Carrier to permit the installation, maintenance and operation of Carrier's Equipment on the Easement in the location depicted in Exhibit A-I attached hereto. ("Site"). and on the Electric Facilities along with the right to access the Easement and install utilities necessary to operate Carrier's Equipment. 2. Use. The Site may be used by Carrier for any lawfully permitted and licensed activity in connection with the provision of communication services including the transmission and reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communication facilities. Licensor agrees to cooperate with Carrier, at Carrier's expense,. in making application for and obtaining all licenses, permits and any other necessary approvals that may be required for Carrier's intended use of the. Site. 3, Conditions Precedent. This Agreement is conditioned upon Carrier receiving a license,. or already having a license, from the Federal Communications Commission. ("FCC") and all applicable governmental permits and approvals enabling Carrier to construct and operate Carrier's Equipment on the Site. 4. Term. The term of this Agreement ("Term") shall be five (5). years commencing on the earlier of (i) the first day of the month following written notice to Licensor by Carrier of Carrier's intent to commence construction of Carrier's Equipment on the Site,. or (ii) the twelve month anniversary of the date first written above ("Commencement Date"). SCE shall have the right to extend the Term of this Agreement for three (3) additional five (5)-year terms (each a "Renewal Term") on the same terms and conditions contained herein. This Agreement shall automatically be extended for each successive Renewal Term unless SCE notifies Licensor in writing of SCE's intention not to extend this Agreement at least sixty (60) days prior to the. expiration of the Term or the then current Renewal Term. This Agreement shall not be revocable and may not be terminated except as expressly provided herein. License Agreement-Garfield.doc 5. License Fee. a. Upon the Commencement Date, and on every anniversary of the Commencement Date during the Term and each Renewal Term ("Payment Date"), SCE shall pay Licensor an annual license fee in the amount'of Twelve Thousand and 00/100 Dollars. ($12,000.00). ("License Fee") adjusted in accordance with paragraph (b) immediately below. In the event this Agreement is terminated in accordance with Section 10 or (i) on any date other than an annual Payment Date, Licensor agrees to refund SCE the prorata portion of the annual license paid for the portion of the Term remaining between the termination date and what would have been the next annual Payment Date. b. Limited CPI Adjustment - Licensor and SCE agree that the License Fee shall be adjusted annually on each Payment Date beginning on the first anniversary of the Commencement Date by the lesser of. (a) three percent (3%), or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve. (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced with a comparable government index. 6. Improvements. a. During the. Term or any Renewal Term, Carrier and SCE. shall have the right, at their sole cost and expense, to construct, maintain and operate Carrier's Equipment and other necessary related facilities, which shall include, but shall not be limited to, an equipment shelter, cabinets, equipment racks, cables,. conduits, generators, radios, antennae, antenna support structures (collectively knows as "Communication Facilities") as generally shown on said Exhibit A-2 attached hereto, on the. Site. and on the Electric Facilities. b. In. connection therewith,. SCE and/or Carrier shall have the right to do all work necessary to prepare, add to, maintain and alter the Site and the Electric Facilities for the Communication Facilities including the installation of utility lines and transmission lines connecting antennas to transmitters and receivers. Licensor shall approve plans and specifications for such work, in writing, before work may begin. Such approval shall not be unreasonably withheld, conditioned or delayed. All construction and installation work shall be performed at SCE's and/or Carrier's sole. cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not materially interfere with Licensor's then existing facilities License Agreement-Garfield.doc and operations on the Site. Title to the Communication Facilities shall be held by SCE and/or Carrier. C. Within ninety (90) days following the expiration or earlier termination of this Agreement, SCE and/or Carrier shall remove, at their sole expense, all of Carrier's Equipment placed on the Site and the Electric Facilities and demolish and remove. all foundations to three (3) feet below grade level, fill all excavations, return the surface to grade, and leave the Site in a neat and safe condition, free from any debris or hazards (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of SCE and/or Carrier excepted). d. Carrier shall have the right to install utilities, at Carrier's expense, and to improve any existing utilities on or near the Site. Any encroachment necessary for such utility service will be at a location reasonably acceptable to Licensor and the servicing utility. e. Carrier shall fully and promptly pay for all utilities furnished to the. Site for its use throughout the Term and any Renewal Term, and all other costs and expenses incurred by Carrier in connection with Carrier's use, operation and maintenance of the Site. 7. Access: a. Carrier shall have the right but not the obligation, to. enter the Site prior to the Commencement Date, for the purpose of making engineering surveys, inspections, and tests, for the purpose of determining the. suitability of the Site for Carrier's Equipment. During any pre-construction and construction work, Carrier will: (i) have insurance as set forth in Section 14 and provide to Licensor written evidence of such insurance; (ii) notify Licensor of any proposed construction work; and (iii) coordinate the. scheduling of same with Licensor. If Carrier determines at any time that the Site is. unsuitable for Carrier's contemplated use, then Carrier and SCE will notify Licensor and this. Agreement will terminate in accordance with Section 10(a) (ii) or 10(a)(iii), as applicable. Licensor does not warrant or guarantee the suitability of the Site for Carrier's intended use. b. Licensor shall provide. to SCE and Carrier and their employees, agents and subcontractors access to the Site twenty-four (24) hours a day, seven (7) days a week, at no charge. Licensor represents and warrants it has full rights of ingress and egress to the Site, and hereby grants. such rights to SCE and Carrier to the extent required to construct, maintain, install and operate the Communication Facilities. License Agreement-Garfield.doc S. Interference• a. Carrier shall operate Carrier's Equipment in a manner that will not cause signal interference to communication equipment operated by Licensor and other previously authorized users of the Site, as such equipment is configured at the time Carrier's Equipment is installed. In the. event such signal interference should occur, all costs to remedy the interference shall be borne. by Carrier. Any communication system operations, operating in the same. manner as of the time of installation of Carrier's Equipment, shall not be deemed interference to Carrier. All operations by Carrier shall be in compliance. with all federal, state and local non-interference regulations including, but not limited to, those of the FCC.. b. Carrier shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to. the installation of the Communication Facilities, Licensor shall not permit the use of the. Site in a manner which interferes with the communications operations of Carrier as described in Section 3 above. 9. Taxes: This Agreement may create a taxable property interest in the Site. Licensor shall not be. responsible for any real property taxes, personal property taxes, possessory interest taxes and assessments attributable to the Facilities levied by any legal authority as a result of this Agreement. 10. Termination:. This Agreement, unless otherwise terminated under Section IV herein, may be terminated without further liability on thirty (30) days prior written notice as follows: (i) By any party upon a default of any covenant, condition or term herein by any other party, which default is not cured within thirty (30) days of receipt of written notice of default. No default will be deemed to exist if the party claimed to be in default has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or (ii) By SCE prior to Commencement Date for any reason or for no reason, provided SCE delivers written notice of early termination to Licensor no later than 30 days prior to the Commencement Date and forfeits and/or pays to Licensor $1,000 for reimbursement of costs of License Agreement-Garfield.doc document preparation and administrative time associated with this Agreement; or (iii) By SCE after the Commencement Date for any reason or for no reason, provided SCE delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination; or (iv) By Licensor, upon thirty (30) days written notice to Carrier, should the signal from Carrier's Equipment materially interfere, as objectively determined by a qualified independent engineer, with Licensor's normal and customary operation and maintenance of its facilities in place and as operating on the Commencement Date, provided, however, Licensor has first given Carrier written notice of such interference and Carrier is unable to correct or cease such interference within thirty (30) days after receipt of written notice of such interference. 11. Destruction or Condemnation: a. If the Site or the Communication Facilities are damaged, destroyed or condemned, Carrier and SCE may elect to terminate this Agreement as of the date of the damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation, and all rights and obligations of the parties that do not survive the termination of this Agreement shall be deemed to cease as of the date of the damage, destruction or condemnation. If Carrier and SCE choose not to terminate this Agreement, the License Fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Site. b. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation. 12. Assignment and Subletting: a. Licensor may assign or otherwise transfer its interest in this Agreement upon written notice to SCE and Carrier, subject to the assignee or transferee assuming all of Licensor's obligations herein. b. SCE and/or Carrier, with Licensor's consent which consent shall not be unreasonably withheld, conditioned or delayed, may assign, sublet or otherwise transfer all or any part of their interest in this Agreement or in the Site or the Communication Facilities subject to any such assignee or transferee License Agreement-Garfield.doc agreeing in writing to assume and perform all of the terms and conditions of this Agreement on SCE's or Carrier's part to be performed. 13. Insurance: At all times during the term of this Agreement, Carrier shall maintain and shall require any contractors and subcontractors, who do any work on or at a Site, to maintain insurance coverage as described below: a. Workers' Compensation Insurance with statutory limits, in accordance with the laws of the State of California, and Employer's Liability Insurance with limits of not less than one million dollars ($1,000,000.00). b. Commercial General Liability Coverage, including owner's and contractor's protective liability, product/completed operations liability, and contractual liability, with a combined single limit of two million dollars ($2,000,000.00) each occurrence. Such insurance shall (i) name Licensor, its officers, agents, and employees as additional insureds, but only for Carrier's negligent acts or omissions; (ii) be primary for all purposes; and (iii) contain standard cross-liability provisions. C. Commercial Automobile Insurance Coverage with a combined single limit of one million dollars ($1,000,000.00) each occurrence. Such insurance shall cover liability arising out of the use of owned, non-owned, and hired automobiles. Such insurance shall name Licensor, its officers, agents, and employees as additional insured. d. The coverages and limits may be obtained and maintained through any combination of primary and excess or umbrella liability insurance or by endorsement to any master policy of insurance. e. Carrier shall provide Licensor with certificates of insurance coverage prior to commencement of any installation or other work at any Site. All insurance policies required of Carrier hereunder shall provide that Licensor shall receive not less than thirty (30) days' written notice prior to the cancellation of coverage of such insurance. f. Carrier shall provide Licensor with written evidence held by Carrier's contractors and subcontractors. Carrier may meet the requirements of this Section by self insurance. If Carrier elects self insurance, Carrier shall provide Licensor annually with a certificate of self insurance. 14. Indemnification: a. Carrier shall indemnify, defend and hold harmless Licensor, its officials, officers, employees, agents, contractors, successors and assigns, from any and all costs, liabilities, claims and expenses, including those from License Agreement-Garfield.doc death or injury to any person or from a loss or damage, including attorney's fees and court costs, to any real, personal or other property, to the extent arising from Carrier's performance of the terms and provisions of this Agreement or from a breach of any obligation, duty, representation or warranty contained in this Agreement by Carrier, or from any willful misconduct or negligent act or omission by Carrier, or by any of Carrier's agents, contractors, affiliates, invitees or employees related hereto. b. Carrier shall promptly notify Licensor of the existence of any matters to which Carrier's indemnity obligations apply. Upon demand by Licensor, Carrier shall defend Licensor at its own expense with mutually acceptable counsel any such matter; provided that Licensor shall at all times also have the right to fully participate in the defense at no extra cost or expense to Carrier. Licensor's consent shall be required for any settlement or compromise requiring material monetary contribution or some other act or agreement to refrain from certain conduct or acts on the part of Licensor. Such consent shall not be unreasonably withheld, conditioned or delayed. C. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF THE OTHER PARTY'S CUSTOMERS OR GOOD WILL, OR LOST REVENUE OR PROFITS), FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, ARISING IN ANY MANNER FROM THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORESEEABILITY THEREOF. d. Except to the extent caused by Licensor's negligence or willful misconduct, Licensor shall not be liable for any costs, liabilities, claims and expenses, including death or injury to any person, or any loss or damage to any real, personal or other property of Carrier. 15. Safety and Environmental Protection: Carrier shall operate and maintain the Site so as to avoid injury or damage to any person or property. In carrying out its work, the Carrier shall at all times, exercise all reasonable necessary precautions for the safety and environmental protection of Site, and be in compliance with all federal, state and local statutory and regulatory requirements including those of the State of California, Division of Industrial Relations (Cal/OSHA), Cal/EPA, US/EPA and the U.S. Department of Transportation. The Carrier, and its agents, contractors, and employees, shall not use the Site to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for Carrier's activities under this Agreement. The term "hazardous License Agreement-Garfield.doc material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to operation of motorized equipment and vehicles whose operation on the Site is contemplated by this Agreement. Carrier shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against Carrier alleging environmental damage. a. Carrier shall post a sign in letters no greater than 1/2 inch in height permanently affixed to Carrier's Equipment that identifies the responsible party to notify in case of emergency or maintenance. b. Licensor represents that neither Licensor nor, to Licensor's knowledge, any third party, has used, generated, stored, treated or disposed of hazardous materials, as defined above, on the Site. 16. Notices: Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Licensor: SCE: Carrier: City of Huntington Southern California Edison Co. Los Angeles SMSA Beach Limited Partnership, dba Verizon Wireless 2000 Main St. 2244 Walnut Grove Avenue 180 Washington Valley Road Huntington Beach, CA Rosemead, CA 91770 Bedminster, NJ 07921 92648 PH# (714) 771-7443 PH# 626/302-4002 PH# 866/862-4404 FAX# (714) 771-3081 FAX# 626/302-1429 17. Easement: This Agreement shall not affect the rights of SCE and Licensor under the Easement. 18. Miscellaneous: a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this License Agreement-Garfield.doc Agreement. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be bought in a state or federal court situated in the County of Orange, State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. L Carrier shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of its activities on the Site. Carrier shall be liable for all violations of the law arising in connection with its activities under this Agreement. g. All Exhibits attached hereto are material parts of this Agreement, and are made a part. h. This Agreement may only be amended by another instrument in writing duly executed by Licensor, SCE and Carrier. IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. License Agreement-Garfield.doc CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Cali is &a Mayor ATTEST: 4;40� City Clerk APPROVED AS TO FORM: - AA ---wA por,S YAUorney INITIAT AN PPR hector Administrative Services REVIEWED AND APPROVED: Ci Administrator License Agreement—Garfield.doc SCE: SOUTHERN CALIFORNIA EDISON CO., a California corporation By�2 "' 7�4 C. Kell Krq(Zsgiar Manager - Carrier Solutions Corporate Real Estate Department CARRIER: LOS ANGELES SMSA LIM D PARTNERSHIP, dba Verizon Wireless 61 Rcr Tocroh Cc 1 r fs 6 eAera f pa r mer- By Name ROBERT F. SWAINE WEST AREA VICE PRESIDENT Title License Agreement-Garfield.doc EXHIBIT A Commonly known as Talbert Park The south 200 feet of the Northwest quarter of the Northwest quarter of Section 6, Township 6 South, Range 10 West, in the Rancho Los Bolsas, in the City of Huntington Beach, as shown on a map recorded in Book 51, Page 14, Miscellaneous Maps, records of said Orange County. Excepting therefrom the portion conveyed to Orange County Flood Control District by deed recorded March 16, 1961 in Book 5657, Page 674, Official Records. Also excepting therefrom that portion of said land granted to Orange County Flood Control District by deed recorded April 7, 1970 in Book 9257, Page 471, Official Records. 4u:ti �� .ti n! yX'. ,'1 r>:"arY :r r •.- y .: -R ' '' :• ,L••+T' tlK�. 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SLr �fy �,` �y .� �'v .Y ,S�s. .s.t.;,� �:'tf!4. s+?;+c. aq�_ �!`S.I rl'" qq "' .'y,•M {sJ+y, I�1�j ya�". tx s��i i�z�fi�F�� ,.f�t T-r�*�+?{ • • � �- ;. >, rr1` x {�•� s-aa,�4 � ���` t r s ;s, � 3t L,�l y.., r . .� { a ,r Et I� tiy�t 'rr�{� �}t�.,,,��.T'.X•ry���5�5{Yr�}�� s�'1/`c s U 2� M�1;1f. .•.+14 �Fh.'.�ia+n•'�' -. ,1.. ��,a.�� t�•, J- <76 �k r � � -�'�,J.L.. +�•.3 ff��'' LMiS, \Is JL �^i(s•~ 1, M Y. ! t4 i YI S' :` �• ;ll��`�t, yyyyyy��.�J \'1 • ,Y. .y.afj ! lei' � J L, K J- IL� r�`•<. nAy�+�r.IMr -�t`n•' R .� -i K ARM 41 }•T J ➢i � t�1.^.'� a 4 -, - ;r� L .+ 4WE F{"'+Y��ri •'yy' 1 5 _,}r•- �'a '�• -�,(.� y5 �i�R •'! may.w...\. } '4 �'=c�' �mow:, r - • - - - r '. t "'-� .� 5+�4� .tom �'7r, •} �,,G Z4. e�j7 3 t Yt tt r a fir: f S -•��,- K , '��� -ct ,•1 �' •1Y v.P f ♦ J rr � �" S Fil •.� r,� � _ n ij, ' ti. '.-a'^�ek4}f+aL�' '�1,��#'�°s►qx 4., ,M r-,.,:- ,`As 14t� CON7ltQl, MO NO. DATE . 2650 7 7 OD 2} a!J _ 8 R 24 3 :I.. .. +S•..r�Yi: A y Grantee shall have the right to use existing roads and make such additfons thereto,on tha rands of the Grantor, as shall be convenient and necessary to the Grantee's use of said right of way strip,and the right to use all necessary snd convenient means .,f ingress and egrtss to and tram uld above described right of way strip,for the uses and purposes and the cxcr:icing of the fights herein granted. Said right of entry may : be exercised by trucks, sutornablles or other vehicles or by foot, as may Ault the tonvenianea of Granted The Grantor reserves the right for Watrr pipe lines and roads under and across the rand described in this easement provided the exercise of such rights do not Interfere with or endanger the P 4 1' operation and main-' tenance of the electric transmission Hors of the t^,ranicc. Grantee shall have the right to instal! and to use gates In any fences which are now or may be here- after constructed an said lands of the Grantor, for the purpose of permitting convenient entry to said right of way strip, Any gat"which are installed by Grantee on said lands shall be locked with Grantee's locks, :. and also,if the Grartor ro desires,may be lockcd with the Grantor's ioeks,in such s manner that either can '! lock or unlock the gates, Any gates which arc installed and locked by the Grantor and used by the Grantee shall be locked also by the Grantee's locks so that either can lock or unlock the gates, Grantce shall have the right to make such surface Butt within said right of way strip as may be races-, 'r aary to maintain the clearance between the wires or cables and the surface of the ground that way be required by the orders of the Public Utilities Commission of the State of California,or other governmessw bndy having jurisdiction thereof,or that may be necessary for the economical construction, maintenance or operation of said electric transmission !iota. Grantor,his heirs,successors orassigns,shall not deposit ar per-°.- ,`w:;._,• mlt or allow to be deposited,earth, rubbish,debris or any other substance or material,whether eombusdbla ` or noacombsstible, on said right of way strip, or so near thereto as to constitute, in the opinion of the Grantee,its successors or Assigns,a menace or danger to said electric transmission lines. • iw Grantor,his heirs, successors or assigns, shall have the right to cultivate the land within the right of `way strip for any and all crops which may be grown thereon,provided such use shall not interfere with the t i rights herein granted to the Grantee, its successors or assigns. In ease thil (sMgtor,hit b%irs, successora ", or assigns,ah'all grow orchard or other trees within th limits of said right of way strip,he or they shall not , .'permit the ume to attain a height in excess of 3 feet above tht'surface of the ground, and inti,_. ease any such rrees shall grow taller than said height,then the Grantee,its successor$or assigns,shell.have ` "the right to trim the same it.order to maintain said height as a mattimutn. r The Grantor grants to the Grantee, its successors and .resigns, the right to trim or top and to keep trimmed or Sopped any and all testa on the lands Of the Granter adjacent to said right of Way strip for a dis- tance of 9a fee: from the _ztcricr lints of the right of way strip.to such heights as io the judg- mcyYoE the Grantee, its successors or assigns, shall be reasonably necessary for the proper construction,: operation and maintenarDee of said clectr is transmission lines,out at no point outside the right *f i%ay strip to " a freight leas ths++ 7G led. anderstoo2 and ae c_c that the grant of this Easement does not convey to the Grantee any - X right,title or Interest in any oil,gas,petroleum or other mineral or hydro=boa substances wftbia the Iim- . Its of the said right of way strip or otherwise,but that the Grantor,his heirs,snecesavra and assigns,in pros- petting for or developing oil,gas,petroleum or other mineral or hydrocarbon substances, will do so from adjacent land and in such a manner as not zn endanger or interfere with the structures tented by the Grantee or with the operation of the electric transmission lines of the Grantee,and will not construct,place or main- . lain,or permit to be constructed, placed or maintained,any oil or mud sump,derrick,drilling rig,oiT storage tank ar other structure of try kind wha•sor••cr, on any portion of said above described strip of land,and will not ecrstruct,place or maintain,or permit to be constructed,placed or maintained within one hundred(100)'' feet of the re .-,� ­r_ earl.« a +Y bauntzary Una(s) of said shore de- scribcc strip of land,or on a:tv other Ean� r,.ncd by ;re , solar. his heirs, successors; Or assigns, wi i is one hundred (113M feet of the exterior boundary lines : said nbore described strip of land,any oil or mud - sump,derrick,drilling rig,oil storage tank or other structure for use in connection with the prospecting for, developing.extracting-and/or refinirrb of oil.g_s, frtroicun: and/or Other mineral or hydrocsbon substances, 1t is farthengndcrstood snd agreed :ha; no other cscmeut or easements shall be granted or, tinder'' ar ors. said strip of band 'ray the Grano: to env person. Firm or corporation without the previous written= -- consent of said Galatea .' + IV :rr+�,r� of rSi:•. - .y - .. ..-ap.M.>~,'r->:q x}�'v aS"!� K� 7: a r"�S•��S'"'S^_. �yaS .e�y.-r w;^"tt.F:k r rAAML NO. I CONTQOL r NO. DATE pp S 4 0_ g 3 +B R2 9 'I'O HAVE AND 70 HOLD the ahuvc mentioned easements and rights into said SOU'I`HIi" CALIFORNIA EDISON COMPANY, its successors and aaaigns,forever. A ti s _, 1N WIT aS WHEIZI 01 this in■trument ftu he en exetitted thi+ day-, >4 BM OF 10=1 ILTIML AND SATE wl:xl=ss: t — Offia+r ail attt (t Off iaer r1 t f- smr t r INDIVIDUAL ACKN0%7.EDCMENT. } { S-rA':L OP' 17 r . COvIkMY-Or r - - Or. thin _dSv 0: :r.K.—'-, before a Notary Public in and for said C*unte.and bt.te,dtlly„ ' 1 ,r n commissioned and oualiied, pc:sanall}' appLarcd— ,eY��:y;� ' known to me to ba the persar—w- ose narnr_ ■u oserilxd to the foregoing 4�:3tnmeot, and aelmowledgtd to me that_hoe_extcutcri the same. 'IN, WITNESS WKFR=Or, [ have isereunto set my hand and affixed sty official seal in said Count?c„ 34_�;:;:,:,"the day aad year in this certificate first above weitsen. _ ��. Notz.Pu6Gs is and for uid County and State- WITNESS ACKNOWLEDGMENT STATE OF CA:.TFORNIIA, COUN—Y OF On tt It iar or w S - -19" beloe•r me � 1tACK SEL.OW FOR RCCOROCR-5 USC ONLY, .-_. a alolarr Public in and for laid Cottoty, perwasa peared - p...+•-07 kDOA+ w tw to Is. for 1.tme pp r] N'1­­ R{.i/w7r3iE AT REQUEST OF Y..�•7 }' name Is wDrtnbe•d Ia the within iasuumeut as a tub- ■gibing wane s tbesesa, whw& being br tluly rvorr.. - OL%wm Co.i'. LZ 8cp0ee11 aad Laid that be rv+6u is the County o: t W State: of tlut ., ty.��++SL� l:�f•� c= G -c 1'he wu picaemt Lad u,r ,. -sect 3416 FACE184 -rpa'waatir bwwe n Y® m be the aamt per Lon_ _. :VF i ICA/LRE. CO� R� 1w 1 sad rhaaa�- LaLacttbad ��.aCSftXl11�': the tiihla tWL7mcat as a pAM therttc.Lira csrcutr .•. -''' l�a�tl aad 6rbes the same' :ano thu��aclma�:n.cd � I�fi,�jt(i•eK,atl;+r�,� �•r • t-said afaae that bo - ener+ed the u - &=4 that es,�� .a�r tyys4 MZ _ fit UK ■stLat, the Lao that aath+crQb d hu ts.�ra to s ��,e,etr .at - _ ,+ai/t a.sif-">meit Y i 7'itLPati e�'a�■■■rW f{ � ��F r , WH[A6pr I parr her atW ►rt an h ' _+ ..an aad zdw/t.,aE. ;d o.i:at is s, Cr•�•* i+r: •' �- - A- aa r�i] t am Lxr=- a ors: WPre 5_icic� 4 - .• e"�`p'. .! R�fi?'• Y - .."' N fir.�LFr'Z•y_4 y Y v ++^se t Pi }iueLry Ti>;c!.,.t s.r air G..rp Lae Sta t■- { ^-'• �'.ky° f '� ..',, ar fi-'r S.j+�. �r+�'i•�' "rvY1;r' ..,.. �..JC.�.tz wf r� YwT ''' �� ,1�� �7­ iT 19 Zf Frrl _.7, gl. k,'-A "I We. 74 Ml W,C."It,i Wt.". 8 a-a Exhibit A- r I ?` re�EiocME E-I � --�/��w��soEti,.�< ' � l\\cc \J LU Z < I \ \\ /- - SEE SHEET A-2 OJ \ \ \ FOR ENLARGED PLAN Sam�Ew+c.,uFowui..eor�H r;o.w.. ¢ oEa oe z - `- 1 a _: " >9 1 � 4 T R U E N O R T H PIP . -- _ CONTRACTOR TO REFER TO FINAL RF. - - SPECIFICATION SHEET FOR ANTENNA PLACEMENT AND AZIMUTH INFORMATION A- 1 a=a 'THE FINAL COMPACTION REPORT AND 501L ~ [PLACEMENT TRACTOR TO REFER TO FINAL RF PRIOR TO FOUNDATION IN5PECTION AND THAT ENGINEER'EXCAVATION IN5PECTION REPORT "9 CIFICATION SHEET FOR ANTENNA MU5T BE SUBMITTED 70 THE BUILDING IN5PECTOR .r s-o AND AZIMUTH INFORMATION CITY I1,15PFCTOR mu57 I1,15PFCT EXCAVATION5 BEFORE POURING ANY CONCRETE.' - 7e s° Il'b' of��`tr uA� TO`CR FACE 1 a 2'.O' .5'-O' 3'-6' 5'-0' NORTH ._ ELEVATION GATE10 NEW ANTENHA mONT N FRAME WITH FCIR ANTENNAS PER SECTOR -TENNA ERAG TO CKET DE5,6N ,I GUAIN.6'WIDE I 1 •�•••IIIII IS'a1B CT �A.,'OE LINK GATE PER'SCE' E'OGE OF:xISiING TOWER`,OTIN6 O �1 t1' I III 9 Y ' TO, =LAN a o U) NEN b'HIEH VINYL LHAIN-LINI;FENCE ./ 3figp TOP OF Slo,V; NON EGUI CO'KRETE PAD n / a TCAE.R Y OTHERS FOR NORT13.OR INFENT CABINETS, iOi�ER BY OTHERS SEE OETAI.FOR INFOR'!4TION EX15TINS,IQlw5MISSION a TOWER BY OTHERS wo HEN UI:DE-&ROJND I,�'.I'''' HEN HAVE60DE BRIDGE I 8J COAX C.AE.E TRENCH • './ sf. NEW COAX .:ABLE 5tPPORT TO HOLD l:COAx CABLES O b NEM C.OA CABLE 5iiP ORT I00•All TO r LD I]COA\CA9L`_5 � 71i ,7, N_W 7 r.:C'D— �Z - DISH AT 3CI'R.G. •\c C2 O Z z La n CONOREIE Pao N yiz- 2 O I 3 6 17-C F ¢=i FE.`GE CCMPqT;J � , B Q Z W> U a :•1 Vl l'-6' W TOPER FACE —J W l PLAN 2 PLAN 1 ANTENNA ALIGNMENT LAYOUT EQUIPMENT LAYOUT (PLAN VIEW OF 'SCE' TOWER) (PLAN VIEW OF 'SCE' TOWER) SOUTH "SCE" TOWER Px T R U E 1 NORTH H—2 8 a'a aim 51 / �\ Maly 3 � fi / NOTE- LOCAL POWER CO. TOWER DRAWINGS' q R WILL SUPERCEED THE TOWER W DESIGN SHOWN ON THIS DRAWING- g gtl Elan a,.D CErR¢ VERIZON RTMI'k EAST ELEVATION NORTH ELEVATION NOV--06-2002 16:25 J&H MARSH 8 McLEhBF" 212 345 4725 P.63/03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 65 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or OrBanizatlon: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYERS ARE INCLUDED AS AN ADDITIONAL INSUREDS. POLICY NUMBER: GLO 2984372-00 INSURED: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. 4pP-,qOV-BD L9 TO F'(7RI',I: G.1IL EUTTO5, City 1:ttOrne:q By- Deb,atY Cit rxie CL 246(11-85) CG 20 10 1185 Copyright,Insurance Services O fics,Inc.,1984 Page 1 of 1 TOTAL P.03 ATTACHMENT #2 From:James Righeimer 714-962-2115 To:Amy BDdek Date:10123/2D02 Time:1 D-37 40 AM Page 2 of 7 DCT-23-02 09:01AM FROM-DEV +9492854392 T-863 P.001/006 F-965 Ho OF FICE of the ZONING AD141MSTRATOR CITY OF HUNTINGTON BEACH 9 CrkLEFORNIA P.O. SOX 190 CALIFORNIA 92649 (714) 535-5271 NOTICE OF ACTION May 23, 2002 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO. 01-70 (VERISON WIRELESS) Al?PLICANT' Michael Blackwell,Mericom Corporation, 167 Technology Drive,Irvine, CA 92618 PROPERTY OWNER: Southern California Edison, P.O. Boa 800, :.244 Walnut Grove Avenue, Rosemead, CA 91770, City of Huntington Beam 2000 Main Stree.,Huntington Beach, CA 92648 REQUEST: To establish, maintair-4 and operate a wirele:3 communications facility consisting of twelve(12)antenna panels, on,(1)GPS antenna, and one(1) microwave dish on an existing Southern Cal forma Edison lattice tower and install associated equipment cabinets at the t ase of the tower. LOCATION- 19242 Magnolia Street(east side of Magnol.a Street, north of Yorktown Avenue, Southern California Edison easeane it) PROJECT PLANNER. Rand Talleh Dear Applicant' Your application was acted upon by the Zoning Administrator of the City-if Huntington Beach on May 22, 2002, and your request was Con_ditionally Approved. Included in this lette r are the Conditions of Approval for this application. Under the provisions of the Huntington Beach Zoning and Subdivision Ou finance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Conn nission by you or by an interested party. Said appeal must be in writing and must set forth in detai the action and grounds by which the applicant or interested party deems himself aggrieved. Said appal must be accompanied by a riling fee of Two Hundred Fifty-five Dollars (S253.00)if the appeal is filet�by a single family dwelling property owner appealing the decision on his own property and Eight Hun fired Sixty-Five Dollars ($865.00)if the appeal is filed by any other party- The appeal shall be subs nitted to the Secretary of the Planning Commission within ten(10) calendar days of the date of the Zoni tg Adrninistrat&s action. The last day for filing an appeal and paying the filing fee for the above noted application is June 3, 2002. From:James Righeimer 714-962-2115 To:Amy Bodek Dale:1012312002 Time:10:37:40 AM Page 3 of 7 OCT-23-02 08:02AM FROkKEV +9492654392 0-863 P.002/006 F-065 Conditional Use Permit No_ 01-70 Page 2 Provisions of the Huntington Beach Zoning and Subdivision Ordinance ar,such that any application becomes null and void one(1)year after the final approval, unless actual c onstruction has begun/a certificate of occupancy has been issued and the use has been established_ FINDINGS FOR PROJECTS KXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significa at effect on the environment and is exempt from the provisions of the California Envimmnental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines,because the project is considered a minor alteration of an existing facility. FINDINGS FoR APPRQVAL-CaNDmoNAL USE PERMTP NO. 01-70: 1. Conditional Use Permit No. 01-70 for the establishment, maintenance and operation of a wireless telecommunications facility on an existing Southern California Edison tower and equipment cabinets located at the base of the Edison tower will not be detrimental to the€eneral welfare of persons working or residing in the vicinity or detrimental to the value of the pr 3perty and improvements in the neighborhood. The antennas will be mounted on and blend in with the existing Southern California Edison tower,which will obscure their visibility_ The wireless telecon munications facility will not generate noise or other impacts, which would be detrimental to surrounding uses_ 2. The conditional use permit will be compatible with surrounding uses b mause the proposed antennas will be located on an etdsting Southern California.Edison tower_ The a ntennas will be painted to a color similar to that of the lattice tower and will blend in with the tower_ Viibility of the antenna arrays will be obscured from surrounding neighbors.In addition, the equipment c ibinets will be screened from public view with the use of landscaping_ 3. The proposed Conditional Use Permit No. 01-70 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beac h Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. Wireless telecommunications facilities located within 300 fee. of a residential zone are allowed upon approval of a conditional use permit. 4_ The granting of the conditional use p �Y permit will not adversely affect the General Plan. It j consistent insistent with the Land Use Element designation of Public on the subject proper ty, In addition,it is consistent with the fallowing goats and policies of the General Plan: a_ Goal LU2: Ensure that development is adequately served by trans iortation infrastructure,utility infrastructure, and public services. b- Objective U5.1_ Ensure that adequate natural gas,telecommunica ion, and electrical systems are provided_ From:James Righeimer 714-962-2115 To:Amy Bodek Date:10l2312002 Time:10-37:40 AM Page 4 of 7 OCT-23-D2 09:02At1 FROM-DEV +9492654392 T-963 P.003/006 F-665 Conditional Use Permit No. 01-70 Page 3 c. Policy LT5.1.1: Continue to work with service providers to mainta n current levels of service and facilitate improved levels of service. The proposed new wireless communication antennas facilitate telecom nunication service and improve wireless communication coverage for the community_ CONDITIONS OF APPROVAL--CONDITIONAL USE PERMIT N Q. 01-70: 1_ The site plan floor plans and elevations received and dated November 13, 2001, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be complete is a. Zoning entitlement conditions of approval shall be primed verbatin on one of the first three pages of all the working drawing sets used for issuance of building permi:s(architectural, structural, electrical, mechanical and plumbing)and shall be referenced in the sheet index. The rninimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building ph ns. (FD) 3. Prior to issuance of building permits,the following shall be completed: a. The applicant shall provide a single point of Contact(including narr a and phone number)in its Engineering and Maintenance Departments to whom all interferenc a problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified_ b. The applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 4. The final building permit(s)cannot be approved, and utilities cannot be released until the following has been completed: a. The applicant shall paint the antenna panels and microwave dish a color similar to that of the Southern California Edison lattice tower. b. The applicant shall provide landscaping along the west side of the l ittice tower and around the corners subject to review and approval of the Park Tree and Lands:ape Division. c. The applicant,shall submit to the Planninf,Department a post-instal lation test to oonfou that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. This test will be conducted by the Communications Division of the Orar ge County ShedlFs Department or Division-approved contractor at the expense of the applicam. From:James Righeimer 714-952-2115 To:Amy Bodek Date:1012312002 Time:10:37 40 AM Page 5 0(7 OCT-23-02 09:03AM FRO*DEV � +0492654392 OT-663 P 0041006 F-965 Conditional Use Permit No. 01-70 Page 4 d. A Fire Protection Plan in compliance with City Specification No. r 26—Fire Safety Requirements for Construction Sites— shall be submitted to the Fire Department (FD) e_ Address numbers shall be installed on structures to comply with Fi re Dept. City Specification No. 428_ QM) f. Fire extinguishers will be installed)and located in areas to comply i vith Huntington Beach Fire Code Standards fDund in City Specification No. 424—Portable Fire Ext,nguishers. (FD) 5. The use shall comply with the following. a. The existing landscaping shall be maintained,if any of the landscal ing is damaged during the removal of the antenna and/or installation of the antenna, the City's Landscape Architect shall be notified. (PW) b_ If the facility use is discontinued,the equipment and antenna shall )e removed within 30 days. 9?W) c_ If the facility is going to the strut to obtain power and/or service, the applicant shall submit plans to the Public Works Department for review and approval_ (PW) d, At all times, other than during the 24-hour cure period, the applies at shall not prevent the City of Huntington Beach or the countywide system from having adequatc spectrum capacity on the City's 800 MHz radio frequency. The applicant shall cease operation of uny facility causing interference with the City's facilities immediately upon the expiration of the 24i hour cure period until the cause of the interference is eliminated. Failure to cease such operation si A result in automatic suspension of this permit. 6. The Planning Director ensures that at1 conditions of approval herein at a complied with. The Planning Director shall be notified in writing if any changes to the site pla 4 elei ations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for confon lance with the intern of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoni rig Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Q dinance. WFORM.A,TTON ON SPECIFIC CODE REOUIREMENTS: 1_ Conditional Use Permit No. 01-70 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-70 shall become null and void unless a cercised within one year of the date of final approval, which is May 22, 2003, or such extension of lift.e as may be granted by the From:James Righeimer 714-952-2115 Ta Amy Radek Date 1012312002 Time-10 37:40 AM Page 6 of 7 OCT-23-02 D9:0M FROM-DEV � +9492954392 19-863 P 005/006 F-965 Conditional Use Permit No. 01-70 Page 5 Director pursuant to a written request submitted to the Planning Depa tment a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional U&:Permit No. 01-70, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs- 4. The development shall comply with all applicable provisions of the Mi nicipal Code, Building Division, and Fire Department as well as applicable local, State and Fe 3erai Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building,Public Works, and Fire Departm ants shall be paid prior to the issuance of Building Permits- b. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Excrnptio i at the County of Orange Clerk's Office. The check shall bi:made out to the Coun of Oran a and submitted to the Planning Department within two(2)days of the Zoning Admir strator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in.mnformance with the HBZSO_ Prior to reproving or replacing any landscaped areas,check with the D-.partments of Planning and Public Works for Code requirements. Substantial changes may requirr approval by the Zoning Administrator. S. An encroachment permit shall be required for all work within the right-of-way. (PW) The Planning Department will perform a comprehensive:plan check relatin�to all Municipal Code requirements upon submittal of your completed structural drawings. Please be advised that the Zoning Administrator reviews the conceptual pl ui as a basic request for entitlement of the use applied for in relation to the vicinity in which it is pr3posed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Co le requirements. It is recommended that you immediately pursue completion of the Conditi,ins of Approval and address all requirements of the.Huntington Beach Municipal Code in order to expedit.the processing of your total application. From:James Righ6mer 714-962.2115 To:Amy Bodek Date:1 012 3120 02 Time 10:37-40 AM Page 7 of 7 OCT-23-02 09:03AM FROM-DEV +9492654392 0-663 P.006/006 F-965 Conditional Use Pernih No. 01-70 Page 6 1 hereby certify that Conditional Use Permit No. 01-70 was Conditionally Approved by the Zoning Admiirkistrator of the City of Huntington Beach, California, on May 22, 2[02,upon the foregoing conditions and citations. Very truly yours, n ' 0",_Q w' Mary Beth Broeren Zoning Administrator MBB-.RT-.rrnk xc' Property Owner NOLJ-06-2002 16.24 &H MARSH & McLENNAN ,02iO3 � 212 3�15 4725 P PaMUCER —._•~. ....... ... - --.__._. *4 CERIINWATB 19 tK=AS A PATMRMFORMATMN ONLY AND WNFERS MAPS14 USA.INC. NO RIGHTS UPON THE CERIIFACATE HOLDER OWWR THAN nKftP%W 0 W N TABS 11616 AVENUE OF THE AMEACM 40TH FLOOR POMY.TM CERUF LATE Oft$NOT AMM E XTT:ND OR ALTER WE COVEIIAGS NEW YORK,NEW YORK 10038 2+174 Arr*111100 BY TW POLMM DESCRIBED NEFMI. Tp:212-345-3259 COIYP r-ommG C01iWjm FAX:812-3A"72514268 ATTN.VMAN EDWARDS COMPANY DELL -CELLC-VW180-2002 PHILM RAND A ZURICH AMERICAN[NS.CO NwREe � CGIwrANY �—. CELLCO PARTNERSHIP B NIA DSA VERIZQN WIRELESS COMPAIn ---- 180 VPZHINGTON VALLEY(ROAD 9E01LlW9MJ ,NJ 07921 C NIA COMPANY - .. D yn.s.leu ;'.Si.ri:4:,:'i�pf'!R. vb. � -•rfa; lb "'... 3A'�.ii t -:::`:. .i�%L+,:a;," .�E �_.S „cci ;o« 'e; _ r_ns4�.:...w'�:L�C's"`' ..�! - �=�'�YF3:: �"_•wJi:.. THIS AS TO CAiRTIFY THAT POL49B OF 94UAAKE DESCRIBED WPWN HAVE 9E00 ASSUAFD TO 7W WSWW NAMED FIFPN FOR THE POLICY P&MOO NOICATEM N0TY4ITHSTANOING ANY P&QUIRENAENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER OD WMFNT WITH RESPECT TO WHICH THE CEM WOUTE MAY BE ISSUED OR MAY PERTAK THE 114I. ANCE APFOROED BY THE POLICIES MCA1SM HEREIN IS SI AMCT TO ALL 7K TERMS.CONWWft AND E%CLUI)ONG Of SUCH POLICES.AGGRLC.ATE LIMITS SHOWNIAAV NAVE ORI N REM&ED BY PAID CLAIMS- TYPE OF IF46URANCK PONCY ILNIBER � �� ��WMRALIM Lffffm . A GEmIlIALUASIJTY GLO2SM372-DO 06f30142 W6l30I03 GENERAL AGGR TE 9 2,000.000 X COWMItCIAL OENEAAL LIABRIVY PRODUCTS-COMPIOP AGO lNCL. _ CLAIMSMADE I�OCGUR PBRSONALLArnfIN.R V $ Z,COO.ODO' _ OWNEFrs A4 CONTRACTOR B PROS "GROCCURRENCE $ Z,000000 PdIED+wAGe eknfa+�l S 50,000 Lin EXP a„s S 10.000 A AUTOMOBILE LLNEL TY SAP 298436"0(AOS) 06r.& 02 0&30103 COAdaANen BINCLE LAIA'T i 1,000.000 A X ANY AUTO TAP Y984367-00(TX) 06190/02 06/30103 A ALL OWNEDAUTOS BAP 296436$.00(VA) OW0102 OW0103 BODILY INamr S A sr,NEDLAEO Auras MA 29e4369.00(MA) 08190102 00130/03 IP-pa=1 I HIREEDAUTOS 1BODILYINJURY $ (laerr eeeldern6 Nab-OYNYEO ALROB PwroRTYDANKW S GARAgWWAORM A%ITO ONLY-EAAGCID&NT $ ANYAUTO AppROVo IS TO FORM' c�THER WAN auroora.r. G&IL HUTTO :, Cit-7 At 0rn0�p w 8 a,.. T`ten„4'"; 71.tv tto IIp-V A ELATE S F>SSIJANr2TY EACHOGCURRENCE S I)~tBRELLA FORM �,- BGP,TLI S+� OWlIER THAN UMBRELLA FORM >r a 4 ,1 -• S . A "ORAtsR WC 298437C-00 ) 06130(02 06F30103 X LAM ' ER ENPLOYFRS LUI�J7Y A WC 2984371-001W1) 06MM2 06134103 ELZACKP=IDENT 1'009.000 THE FROPRAETQP4 ;% IMCL SL DI;EAsE•POLICY LUT S 1.000.000 PARTNERMECUSME OFFICERSARE: EXCL EL D*Suti4nm EMPLOYU S 1,000,000 OESnUPT10N Or OPBRATIONSILOCAl10M3lYE�L/.�19PECW.LTBgi THE CITY OF HUNTINGTON BEACH.ITS:OFFICER$,AGENTS.AND MAPLOYEES ARE INCLUDEDAS AN A 00ITIONALINSURED AS RESPECTS CELL SITE"GARFIELO LOCAYED IS 96i2 HYDE PARK DRIVE,HUNTHWON REACK CA M46 -GERTIFIC�i'FE '"keY-_ _._._ . ''`'` .si _ ., _' �'�._�,�•�. MUX D ANT OF THE A9MW3 OSKMOMD hE{IbN N GNCBL®9FQIIE SHE Vt"& d GATE THEOW, "&WJMR AffFM@4 COMPAM WIIL ERWWWW MALL__=OAK VJUMM NOTME TO THE CITY OF HUNT)NOTON BEACH eeR*aFr_aTt.atnNeHum REAEw. 2000 MAIN STREET HL"TINGTON BEACH.CA 9260 USA RAC. my- Steven Bermer