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HomeMy WebLinkAboutSO CAL EDISON, LOS ANGELES SMSA dba VERIZON WIRELESS - 2002-11-18 Pak U Council/Agency Meeting Held: &OZ Deferred/Continued to: P< pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: November 18, 2002 Department ID Number: AS 02-43 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ~' =' o ra - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS rv `` SUBMITTED BY: - RAY SILVER, City Administrators PREPARED BY: 'CLAY MARTIN, Director of Administrative Services .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: N/A 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 " REQUEST FOR COUNCIL ACTIOR 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: N/A Attachment(s): NumberCity Clerk's Page • • 1 Three party Communications Site License Agreement 2 Conditional Use Permit 01-70 RCA Author: Bodek 5445 D:\Documents and Settings\kuhnkee\Local Settings\Temporary Internet Files\OLK6\wireless.SCE3partyagmt.11-06-02.doc- 2- 11/8/2002 3:08 PM ATTACHMENT ' # 1 t 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. Pleasecall 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. r 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 C�� 0 Y— 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: Three Party Communications City;State,Zip TO. Los Angeles:, SMSA�Limited Partnership Site.License"Ag=eement"with Southern".Cali: Los"Angeles-SMSA dba Verizon Wireless 18o 'Washingto Valley Bedminster, NJ 07921 - See Attached Action Agenda E- Item Date of Approval 11/18/62 Enclosed For Your Records Is An Executed Copy Of The Above Referenced.Agenda Item. = Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page % Agreement % Bonds Insurance % RCA Deed Other CC: -. Amy Bodek RE — Admin Svcs. % % _ % Name Department RCA Agreement Insurance Bonds _ Mendoza Risk Manav m n X X Name Department RCA Agreement Insurance Bonds Clay Martin.. _ ASD_ Name: �~ Department w.RCA Agreement_- Insurance - Bonds Michael Dolder Fire Dept. _ __ g . %. % Name Department RCA Agreement . Insurance Other Name Department - RCA Agreement-_ Insurance - Other g:/foll owup/letters/covers trRevA.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, 1956, in Book 3416, 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. 2-8 , dated aT00eV- + Z002 (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 Ar% 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 mayy be. used by Carrier for any lawfully. permitted and licensed activityy 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 anyy 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. (iii). 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 necessaryy 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 unreasonablyy 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 beloww 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 8. 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 anyy 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. f. 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 Mayor ATTEST: n T City Clerk 4' s APPROVED AS TO FORM: Ah City Attorney o �o INITIAT AN PPR E Director Administrative Services REVIEWED AND APPROVED: Q� Cit Administrator License Agreement—Garfield.doc SCE: SOUTHERN CALIFORNIA EDISON CO., a California corporation By 6 C. Kelly Kr&u -a Manager - Carrier Solutions Corporate Real Estate Department CARRIER: LOS ANGELES SMSA LIMP3ED PARTNERSHIP, dba Verizon Wireless 6 y A;r%ouch Cc 1 r� is 6ene,--a I Aa,miner By . Name ROBERT F. SWAINE WEST AREA VICE PRESIDENT Title i I I I i License Agreement-Garfield.doc i 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. 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As shall be convenient and ncccs,:,ry to the Grantee's use of said right of way strip,and the tight to use all necessary and convenient means of ingress and egress to and from said above described right of 'r way strip,for the uses and purposes and the cxcrcizing of the rights herein gnnted. Said right of entry may be exercised by trucks,automobiles or other vehicles or by foot," ?MAY suit the.convenience of Grantee, The Grantor reserves the right for water pipe lines and roads under and across the land described in e this easement provided the exercise of such rights do not interfere with or endanger the operation and main- tenance of the eletric transmission iines „f the Grantee. Grantee shall have the right to install and to use gates in any fences which are now or may be here_'!. after constructed on said lands of the Grantor, for the purpose of permitting convenient entry to said right -of way strip. Any gates which are installai by Grantee on said lands shall be locked with Grantee's lacks,and also,if the Grantor ro desires, may be locked with the Grantor's locks,in such a marine, that either can ✓• F ! = lock or unlock the gates. Any gates which arc installed and locked by the Grantor and used by the Grantee : shalt be locked also by the Grantee's locks so that either can lock or unlock the gates. Grantee shall have the right to make such surface cuts within,said right of way strip as may be neces sary to maintain the clearance between the wires or cables and the surface of the ground that may be ; required by the orders of the Public Utilities Commission Of the State of California,or other governmental - ti body having jurisdiction thereof,or that may be necessary for the economical construction, maintenance or operation of said tic--tric transmission lines. Grantor,his heirs,successors or Assigns,shall not deposit or mit or allow to be deposited,earth,rubbish, debris or any other substance or material,whether combustible" xa or noncombustible, on said right of way strip, or so near thereto as to constitute, in the opinion of the r :-Grantee,its successors or assigns,a menace or danger to said electric transmission iines, Grantor,his heirs, successors or assigns, shall have the right to cultivate Lhe land within the right of way strip for any and all crops which may be grown thereon,,provided such use shall not interfere with rights herein granted to the Gr:nt^_e, its auccesao:; or assigns. Ia ease the,C;rantor, his h4ira, successors or assigns,shall grow orchard or other trees ..ithin ;he limits of said nigh:of way,strip,he or they shall not permit the same tc attain a height in excess of 30 feet above :he surface of the ground, and in.., -_case any such trees shall grow taller than said height, then the Grantee,.ita successors or assigns,shill have .s tht right to rein the same ir.orderto maintain said height as a maximum. 0. The Grantor grants to the Grantee, its pucccssora and aligns, the right to trial or top and to kelp trimmed or topped any and all trees on the lands of the Gran ton adjacent to said right of way strip for dis- tanet of v., feet from the caeric. !inc- of the right, of*ay strip,to such h^_ights as in the judg mc::t'of L`re Grantee, its successors or assigns, shall be reasonably necessary for the proper construction, operation and maintenance of said electric transmission lines,out at no point outside the nigh- �E way strip to a height less than 50 feet. ! ,. is understood snd agreed that the grant of this �ascmea: does not convc to the Grantee any -right,title or interest in any oil,gas,petroleum or other minera ea:l or hydrobon substances within the lim- its of the said right of way strip or otherwise, but that the Grantor,his heirs,successors and assigns,in pros- pecting for or developing oil,gas,petroleum or other mineral o: hydrocarbon substances, will do so from adjacent land and in such r manner as not to endanger or interfere with the structures erected by the Granter or with the operation of the electric transmission lines of the Grantee,Ana will not construct,place or main- tain,or permit to be constructed,placed or maintained,any oil or mud sump,derrick,drilling rig,oil storage tank or othr structure of any kind whatsoc•-cr, on any portion of said above described strip of land,and will not construct,place or maintain,or permit to be constructed,placed or maintained within one hundred 1100) �* feet of the -boundary line(s) of said above do- .� u _ scribed strive of land, or on anv other iand , ,ncd by the Gzntor. his heirs, successors or assist, within one hundred {10M feet of the exterior boundary ru lines : said above described strip of land,any ail oc'mnd m sup,derrick,drilling rig,oil storage tank or other structure for e in connection with the prospecting for, developing extracting and/or refining of oi;, h_t;,r-:roles n and/or otter, mine-a!or hydrocarbon subscancet_ Y s 1t is fur he-understood and ag-ecd :hat no, ot:'t^_r clement or eaxments shall be wanted o" nnde. " or ova- said strip of land b.- the Grantor to any person..firm or corporation 'rithaut the previous wiittca: consent of said Gaante- • _ 'Ft,. +ss�� r � , ~ Mr �'�vG ��.` = - •. i?4 k„� � aria *S jZ� �,.-"y�� �.�,�, ..yH .C 1 d.1av�;•"�''.k ",;n), r„ tie£? s.. „d,+ - ii 'JFr � ,} �� ?{,c;)}ti. .:t....�. .. ,vex,:, .. .. a. �.. n• .. +S':.i�..:•Y $+�'}�('..'.. `,✓1r .01' ",MAP, I'M ol. 3n- *M " � Vg .. .7 Ap ' q .k .i'�ekjk Aw Y. iz�' 4k, rms .. O ': e—.7`r�. `S»iv .t. x,., -:t� 4f,1' a.. ..4�•.;: r"'+a` ':. +i.il 'Y? ) n AX , 4I!i- 4�MWt'A v 1 �4P 99 Al; rat'* v—N IiN, ME"F-"M .T. z2P, -T i-z Y;,,.�,---i,,1,lC, -el n"t Irk; 4Z� All If- tAl 'mt.lu J4 r. 41, ......... 8 a"a Exhibit A-C �xk �re I SO- MR T NO.66e5,Mr.241/43.- 1xi 1— Exi STaLaT Li6wt �rE,EVMf.E v:w.r Fxisrix5 � I I BICCK r.+1L fx�5rin5 I I ors Lu I EgSf On fxiSn,K Q l' f+�snNS i corcRfm siDl:xtK I l ��\ II 3 X �,a�� Ilil�l I W ¢ \ \ \ eo�:naoz SEE SHEET A-2 J \ \\ FOR ENLARGED PLAN 50MZ.RN GALIFDRNIA ED15ON 1A.RM ¢ =o,ea POLe I \ \\ raisn.r, I fxisnxs rn,.ff I Z o ro�c aa..o I wx aox �+ I 0 \ \\ LL yeh fx�sri /P C uj sera - I y C Q Po.EaroLe Z I �- D: I _� %\ �_�_ rt•l __��__�.� / oa0°fa1'�ivE / � r T L G �t >qL Tf? UE N O R T H s E [PLACEMENT TRACTOR TO REFER TO FINAL RF CIFICATION SHEET FOR ANTENNA, AND AZIMUTH INFORMATION // 1 A— 1 I - S "THE FINAL COMPACTION REPORT AND 501L N Q CONTRACTOR TO REFER TO FINAL RF ENGINEER EXCAVATION IN5PECTION REPORT SPECIFICATION SHEET FOR ANTENNA MU5T BE SUBMITTED TO THE BUILDING INSPECTOR - PLACEMENT AND AZIMUTH INFORMATION PRIOR TO FOUNDATION IN5PECTION AND THAT o -a CITY IN5PECTOR MU5T IN5PECT EXCAVATIONS mo BEFORE POURING ANY CONCRETE."X 1 I` (�/ �-2-- �-O 5'-O' TONER FACE .�, q.�.uli.yor A NORTH �/ 31-61 5•-0• 7,-O• 111 ELEVATION 6A'E NEW ANTEVNA h%OLNT N FRAME HIT,FOUR ANTENNA5 PER SECTOR ANTNNA BRACKET DEIGN = NEW 3'-b•HIDE 15 55U-ErT TO CHANCE CHAIN-LINK GATE i* i PER-SCE. I f ; 1•IlII EDGE F 0TINr,NG ate$?� } TONER FCOtING 0 - �^ sill j? Iiilll PLAN� o A.� x \ \ NEH b'HIEH VINYL CHAIN-LINK FME I w LL TOP OF EXISTING NEW'NOR I.SGUI CONCRETE PAD e / TRANSMISSION FOR NORT13.OR INFENT CABINETS, iOi-cF BY OTHERS SEE DETAI.FOR INFORMATIGN U EXISTING 14l.NSMI551ON TOWER BY OTHER5 INEH g aG OVIND COA.XA E.E TRENCH NEW HAVEEUIDE BRIDGE I E COAX CABLE TRENCH ':/ O 8 zz NEH COAX CABLE 5I,PPORT TO MOLD 1:COAX CABLES O NEH COAX CABLE 5UPPO.RT 100•AZI�..n TO HOLD 12 COAX CABLES DIEM AT 30'RC„ I " a• ❑Z RE,E PAD 4 Z ti CONCRETE O FENCE COMPOLND A�3 Q <> C7 a LLI —— TOWER FACE J W �J PLAN 2 PLAN 1 ANTENNA ALIGNMENT LAYOUT EQUIPMENT LAYOUT (PLAN VIEW OF 'SCE' TOWER) (PLAN VIEW OF 'SCE' TOWER) SOUTH "SCE" TOWER Pp- T R U E NORTH A-2 - � T NOTE LOCAL POWER CO. TOWER DRAWINGS q win WILL.SUPERCEED THE TOWER o DESIGN SHOWN ON THIS DRAWING- EAST ELEVATION NORTH ELEVATION NOV-06-2002 16*25 J&H MARSH & McLENNAN 212 345 4725 P.03/03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , -CG 20 10 11 85 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 Organization: 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 11) 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. � p AD S O F0 GjIL EUTT02H., City �. r%4/(,Z- CL By- Depu�' l,ul � / s 246(11-85) CG 20 10 11 85 Copyright,Insurance Services Office,Inc..1984 Page 1 of 1 TOTAL P.03• ATTACHMENT #2 From:James Righeimer 714-962-2115 To:Amy Bodek Date:10I23i2002 Time:10 37:40 AM Page 2 of 7 OCT-23-02 09:01AM FROM-0EV . +9492654392 �T-663 P.001/006 F-965 OF A:ICE og she ZONINTG ADr 'MISTRATOR s CITY OF HUNT1NGTON BEACH ® C,kLEFO NIA -•r•wr•w•.+•-rvrv----NNNNNNNNNNNN VNNNNNMNNNNMN- P.O. BOX 1.90 CALIF: PNL IA 92648 (7I4) 53&5271 NOTICE OF ACTION May 23, 2002 1PETITIO.-t OClTii.HNT: CONT DIT,.'O OTAL V SE 1PER�:ZIT NO. 01-70 (V*'ERISON:1 IRELESS) APPLICAN7 Michael Blackwell, Mericom Corporation, 157 Technology Drive,Irvine, CA 92618 PROPERTY f3`wiv'ER:, Southern California Edison, P.C. Box 800, ::244 Walnut Grove A venue, Rosemead, CA 91770, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To establish, maintain., and operate a wireleE s communications facility consisting of twelve(12) antenna panels, on;(1)CPS antenna, and one(1) microwave dish on an existing Southern Cal for;lia Edison lattice tower and install associated equipment cabinets at the It ase of the tower, LOCATION- 19242 Magnolia Street(east side of Magnol.a Street, north of Yorktown Avenue, Southern California Edison easeme it) PROJECT PLANNER: Rami Talleh Dear Applicant- Your application was acted upon by the Zoning Administrator of the City;)f Huntington Beach on May 22, 2002, and your request was ConclitianallyApproved. Included in this letu r are the Conditions of Approval for this application. Under the provisions of the IHuntington Beach Zoning and Subdivision Ore finance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Corn;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 filing fee of Two Hundred Fifty-Five Dollars($255.00)ifthe appeal is filed by a single fannily dwelling property owner appealing the decision on his own property and Eight Hun fired Sixty-Five Dollars ($565.00) if the appeal is filed by any other party. The appeal shall be sub3 pitted to the Secretary of the Planning Commission within ten(10)calendar days of the date of the Zoni tg Administrator's action. The last day for filing an appeal and paying the filing fee for the above note d application is June 3, 2002. From:James Righeimer 714-962-2115 To:Amy Bodek Date:10/23/2002 Time:10:37:40 AM Page 3 of 7 OCT-23-02 09:02AM FROM-DEV 0 +9492654392 0-863 P.002/006 F-965 Conditional Use Permit No. 0 i '10 Page 2 Provisions ofthe Huntington Beach Zoning and Subdivision Ordinance ar,such that any application becomes nuII and void one(1)year after the final approval, unless actual c onstruction has begun/a certificate of occupancy has been issued and the use has been established_ FIINDE'4CS FOR P;aiDJECTS EXL,lbl("FI$Olbd C The toting A.dnnistrator finds that the project will not have any significa rt effect on the environment and is exempt lion„the provisions of the California Lnvironmental Quality Act (CEQA)pursuant to section 15301 of the CEQA Guidelines, because the project is considered a minor alteration of an existing facility. FIND)NGS FOR APPROVAL-CONDITIONAL USE PlERNUT NO. 01-76: 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 F eneral welfare of persons worlarig or residing in the vicinity or detrimental to the value of the pr iperty 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 niunications facility will not generate noise or other impacts,which would be detrimental to surrounding uses. 2. The conditional use permit will be compatible with su.:ounding uses b tcause the proposed antennas will be located on an existing 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. Visibility of the antenna arrays will , be obscured from surrounding neighbors_ In addition, the equipment c ibinets will be screened from public-YZew 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 permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Public on the subject prope ty. In addition, it is consistent with the following goals and policies of the General plan: a. Goal L112: Ensure that development is adequately served by trans 3ortation infrastructure, utility infrastructure, and public sennces. 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:1 012 3/2 0 0 2 Time:10:37:40 AM Page 4 of 7 OCT-23-02 08:020 FROWDEV +8482654HR, T-863 P.003t006 F165 Conditional Use Permit No. 01-70 Page 3 c. Policy U5.1.1: Continue to work with service providers to mainta:n current levels of service and facilitate improved levels of service. The proposed neiv wireless communication antennas facilitate telecom nunication service and improve wireless comrnunimion coverage for the community. CONTUIMI NTS,OE APPROVAL ROVA.L—CO1l1DI'y°IONAT_,USE PERMIT N 0, 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 approves; shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building perrni:s(architectural, structural, electrical, mechanical and plumbing)and shall be referenced in the ;hcet index. The minimum 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 nary a and phone number)in its Engineering and Maintenance Departments to whom all' interference problems may be reported to insure continuity on all interference issues_ The contact person sha Il 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 I ittiee 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 Planning Department a post-instal lation test to corif=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 Sheriffs Department or Division-approved contractor at the expense of the applicant. From:James Righeimer 714-962-2115 To:Amy Bodek Date:10/23/2002 Time:10 37:40 AM Page 5 of 7 OCT-23-02 09:03AM FROM-D€V • +9492654392 OT-863 P 0041006 F-965 Conditional Use hermit No. 01-710 Page 4 d. A Fire Protection Plan in compliance with City Specification No. =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 Fire Dept. City Specification No. 428. (T'ID) f. Fire extinguishers will be installed and located in areas to comply i vith Huntington Beach Fire Code Standards found in City Specification No. 424—Portable Fire Ext.-nguishers. (FID) 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'3 Landscape Architect shall be notified. (PW) b_ If the facility use is discontinued, the equipment and antenna shall )e removed within 30 days. (PW) c. If the facility is going to the street 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 applicz at shall not prevent the City of Huntington Beach or the countywide system from having adequate-spectrum capacity on the City's 800 N1Hz r adio frequency. The applicant shall cease operation of my facility causing interference with the City's facilities immediately upon the expiration of the 24 hour cure period until the cause of the interference is eliminated. Failure to cease such operation siiahl result in automatic suspension,of this permit. 6. The Planning Director ensures that all conditions of approval herein ate complied with. The Planning Director shall be notified in writing if any changes to the site plan, elei ations and floor plans are proposed as a result of the plan cliec'k process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for confon^fiance with the intent of the Zoning Administrator's action and the conditions herein. If the propos+:d changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoni ag Administrator may be required pursuant to the ffintington Beach Zoning and Subdivision Oz dinance. EIFO ''VIATION ON SPECIFIC CODE REQUIREMENT'S: 1_ Conditional Use;Permit No. 01-70 shall not become eiiective 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 tin.e as may be granted by the From:James Righeimer 714-962-2115 To:Amy 8odek Date:10/2312002 Time:10:37:40 AM Page 6 of 7 OCT-23-02 09:03RM FROM-DEV • +9492654392 -963 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 Us';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 pro isions of the ML nicipal Code, Building Division, and Fire Department as well as applicable local, State and Fe 3eral Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees ftom the Building, Public Works, and Fire Depirt r.ants shall be paid prior to the issuance of Building Permits- 6- The applicant shall submit a check in the amount of$43.00 for the pos ring of the Notice of Exemption at the County of Orange Clerk's Office. The check shall bi:made out to the County of Oran a and submitted to the Planning Department within two (2)days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO_ Prior to removing or replacing any landscaped areas, check with the D-,partments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 8_ An encroachment permit shall be required for all work within the right-of-way. (]PW) The Planning Department wihl perform a comprehensive plan check relatio ns to all Municipal Code requirements upon submittal of your completed structural drawings_ Please be advised that the Zoning Administrator reviews the conceptual pl m as a basic request for entitlement of the use applied for in relation to the vici;uty-in which it is pr.)posed. 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 Conditions of Approval and address all requirements of the.Huntington Beach hunicipal Code in order to expedit:the processing of your total application. From:James Righeimer 714-962-2115 To:Amy Bodek Date:10/2312002 Time:10 37 40 AM Page 7 of 7 OCT-23-02. 09.03AM FROM-OEV +9492654392 0-863 P.006/006 F-965 Conditional Use Pert-nit No. 01-70 Page 6 I hereby certify that Conditional Use Permit No. 01-70 was Conditionally Approved by the?onir g 4drra nistrator of the City of Iluntington Beach, Califorua, on May 22, 2(02, upon the foregoing conditions and citations. Very trolly yours, n . t-\". S Z-- - o Mary Beth Broeren Zoning Administrator MBB rink xc: Property Owner NOV-06-2002 16:24 J&H MARSH 8 MCLENNAN 212 345 4725 P.02/0.5 MA R .'."-"� CERTIFICATE NUMBER NYC-001557145-08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER NFORMATIDN ONLY AND CONFERS MARSH USA,INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1 166 AVENUE OF THE AMERICAS,44TH FLOOR POLICY.THIS CERTIFICATE DOE$NOT AMEND.EXTEND OR ALTER THE COVERAGE NEW YORK.NEW YORK 10036-2774 AFFORDED BY THE POUC19S DESCRIBED HEREIN. TEL:212-345-3259 COMPAPBES AFFORDING COVERAGE FAX:212-346472514268 - ATTN:VIVIAN EDWARDS COMPANY ELL -CELLC-VW180-2002 PHILM RAND A ZURICH AMERICAN INS.CO INSURED COMPANY r - CELLCO PARTNERSHIP B N/A ORA VERIZON WIRELESS COMPANY 180 WASHINGTON VALLEY ROAD BEDMINSTER,NJ 07921 C N/A COMPANY .. D .• .,i..i. ......: ..,.. .... .y. thl., r4� -�tir.: ...4• =:P6:M:'. i ^ } 's1i"Fib"_'w!'''�.Lu:-j''.{s:l,�"'F:J ;.ki.1y.:�x ;;I; 1: ._r .f�+r,:�,'+ - 1,�.. COyER;q�.�l;g;• _ r;!•+;�:, f2 4�.�. _ a!q.:�R.d ci:<L;i. :rh;i:..E5t}r'�4'.. �.t r:-''x:;:,.:", _:;; ..,...._..�,.«,_,_.-._:: •rN.:.'.._... sF:,•ri-i .S�''7ITi.�"�i' � �'.id'uN.si:d:—�Y. _..E:::l+:i. L u.�......:...'."r.:...,.:.f'.C•::e�:-� ...::. w. «.-.1�,.-.i- Al:::;: _ _ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE SEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY .. PERTAIN.THE.INSURANCE AFFORDED By THE.POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO •- POLICY EFFECTIVE .POLICY EXPIRATION OR TYPE OF INSURANCE POLICY NUMBER DATE(IBIWDYYI DI DATE(MTM YY)IDDI LIMITS A GENERALWIBIIJTY GLO2984372.00 06M/02 06J30/03 GENERAL AGGREOATE 1 $ 2,000.000 X COMMERCIAL GENERAL LIABILITY - PRODUCTS-COMP/OP AGO S .INCL., - _ CLAMS MADE i OCCUR PERSONAL 8 ADV INJURY _ 2,000,� _ OWNER'S&CONTRACTOR'S PROT _ EACH OCCURRENCE • s 2,000•000 _— FIRE DAMAGE one fire) 3 50.000 MED EXP one wn) S 10.000 A AUTOMOBILE LIABILITY BAP 2984366-00(ADS) 06/30/02 06/30/03 COMBINED SINGLE LIMB $ 1,000;000 A X ANY AUTO TAP 2984367-00(TX) 06130/02 06=103 A ALL OWNED AUTOS BAP 2984366-00(VA) 06/30/02 06130/03 BODILY INJURY $ A SCHEDULED AUTOS MA 2984369.00.(MA) 06/30102 06/30/03 (Per P°`8°n) -_ HNEOAUTOS BODILY INJURY $ NON-OWP460 AUTOS (Pef wdoem) ^ PROPERTY DAMAGE GARAOE UABIUTY AUTO ONLY-EA ACCIDENT $ :ANY AUTO _>'}, Il(�y�ia.� aFOR OTHER THAN AUTO ONLY: i--;'i:''S'C;r�,^kP":r'•_:>:4`I^ ❑_,. T`�-��1")'�;G IL H 7k. $ tt AGGREGATE $ EXCESS UABIUTY - /� EACH OCCURRENCE a ` LBJBRELlA FORM - o.•:a.9 V- _ ,y �' s ' _ j Y YIG ELATE $' OTHER THAN UMBRELLA FORM s !�A WORKER COMPENSATION AND WC 2984370-00( OS) 06/30/02 06/30/03 X TORT LMITS ' A ENPLOYERS'LIABIlJTY Wc_2.9B4371.00(WI) 06/30/02 06/30/03 EL EACH $ 1,000,000 THE PROPRIETORI X INCL EL DISEASE-POLICY LMIT _$ 1,000,000 - PARTNERSIEXECUTNE OFFICERS ARE: EXCL - �..` EL DISEASE,EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS20CATTON3I4MCLE LSPECfAL ITS" -THE CITY OF HUNTINGTON BEACH,ITS OFFICERS,AGENTS.AND EMPLOYEES ARE INCLUDED-AS AN ADDITIONAL INSURED AS RESPECTS CELL SITE-WFIELD LOCATED C 0012 HYDE PARK DRIVE,HUNTINGTON BEACH.CA 9264E •+a a^ r .:�..- !4. .7y .0 �+••9t`1.V .. .F-+��,,.';.___._—__..:.:.,.:. �,� d u.:'s k '� C:�i. �,y,:i,�,�ik'a.4"I iR"crc��yat�+�...''�."'�Sp .��a7y.. '-J':a,,...:•:7;-:....."r'nn"�t"t; F,tiA :':.4;f_e; +t.'.ii�r. ,:.:: ,,::... '. ..::._. ..:. ..�.• .:+':...!i:::[:a_".E:;�::4(_..._" iAq:,.,-...L� `__-�'.r;"l�.It� Lei 1:r :iGiY Iv � '�� <•: BHOUID ANY OF THE POMIEB DESCRf9ED HEREIN BE COMM ED BEFORE THE t):wRATCH GATE TMEREOF. THE NM"R AFFORONG CO%4RACE VALL EANWAWLW►AIL-�'Q DAYS VAMIEN NOTICE TO THE CITY OF HUNTINGTON BEACH CERTIFICATE HONER NAWO NEREN. 2000 MAIN STREET HUNTINGTON BEACH.CA 92648 lfXllil�xspD(kick . MARSH USA INC, BY: Steven BeCKer �M. r. ....i;:: •.-`s.:.` .f4"..'Z •mMiv. I' {'t+•" :Cr`5��.::��.L,-ns fan^ ,I`;:-:.c"" s.� -..w.... �. �, sip .. '.❑. _.,. .. ..,.....:...:..,...;�+.:x:..-.L•:'._s'?ic'Lr:fr.Yu,•i:.�,i 11�d 1rtWNW :.;,+- �3'ggr "ya�� �W.k'.�'kr:'�'