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Home My WebLink AboutT-MOBILE WEST CORP formerly PACIFIC BELL MOBILE SERVICES - 1996-04-15 2000 Main Street, Huntington Beach,CA , � Beach92648 , City of Huntington 9'....�. � APPROVED 7-0 o .CO(N1 c } File#: 24-648 MEETING DATE: 10/1/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Bill Krill, Real Estate and Project Manager Subject: Approve and authorize execution of Amendment No. 2 to Schedule No. 2, and the Associated Lease Memorandum for Leased Property at Bushard Fire Station Between the City of Huntington Beach and T-Mobile West Tower LLC, for a Wireless Communications Facility Statement of Issue: The City Council is requested to approve Amendment No. 2 to Schedule No. 2 of Leased Property for Bushard Fire Station between the City of Huntington Beach and T-Mobile West Tower LLC which will extend the existing lease term for an additional ten years and increase the monthly rental rate. Financial Impact: Under this Amendment, monthly rent will increase from $2,816.79 to $3,100.00 upon execution. This represents a 10% increase in monthly rent for this site. Monthly rent will escalate annually at a rate of 3.5%. Additionally, the City will be paid a $20,000 signing bonus upon complete execution of the Amendment and the Lease Memorandum. All funds will be deposited into General Fund Account No. 10000100.45100. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amenment No. 2 to Schedule No. 2 of Leased Property" between the City of Huntington Beach and T-Mobile West Tower LLC; and B) Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Amendment No. 2 to Schedule No. 2 of Leased Property" between the City of Huntington Beach and T-Mobile West Tower LLC Alternative Action(s): Do not approve, and advise staff accordingly. Analysis: City of Huntington Beach Page 1 of 2 Printed on 9/25/2024 powered by LegistarTM 61 File#: 24-648 MEETING DATE: 10/1/2024 In April 1996, the City and Pacific Bell Mobile Services entered into a Master Communication Site Lease Agreement. This Agreement allowed Pacific Bell to install cellular communication towers on City-owned property. The term of this Agreement included an initial period of five years, with the option for five additional renewal terms, each consisting of five years. The combined total lease period under this Agreement was 30 years. The Master Agreement required the parties to enter into separate Schedules of Leased Property to define the specific details of individual site leases on City owned property. On April 18, 1996, the City and Pacific Bell Mobile Services executed Schedule No. 2 of Leased Property, which was governed by the terms of the Master Communication Site Lease Agreement. The commencement date of the lease for 19711 Bushard Street (Bushard Fire Station) was defined as May 1, 1996. On June 20, 2011, the City and T-Mobile West Corporation, successor in interest to Pacific Bell Mobile Services, entered into Amendment No. 1 to the existing Agreement. This Amendment allowed T-Mobile to make certain site improvements and increased the monthly rent. Under the current agreement, the expiration of this site lease will be April 30, 2026. T-Mobile has approached the City to negotiate an extension to the Schedule of Leased Property affecting this location. The negotiated terms of this extension include two additional five-year renewal periods, granting a total of ten additional years to the existing site lease, which would extend the lease term to April 30, 2036. As consideration for this extension, the City will receive a one-time fee of $20,000, and the monthly rent will increase from $2,816.79 to $3,100.00 upon execution of both the Amendment and a Lease Memorandum. Additionally, escalations will now be fixed at 3.5%. This rent increase aligns the lease with current market rates, while the annual escalation ensures the rate remains competitive within the industry. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Amendment No. 2 2. Lease Memorandum 3. Certificate of Insurance 4. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 9/25/2024 powered by LegistarT"" 62 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: T-Mobile West Tower LLC c/o CCTMO LLC 8020 Katy Freeway Houston,Texas 77024 • Prepared by: Parker Legal Group,PC 600 West Broadway, Suite 700 San Diego, California 92101 • Space above this line for Recorder's Use APN: 153-314-35 Prior recorded document(s)in Orange County,California: June 17, 1996, at#19960305029 MEMORANDUM OF AMENDMENT TO SCHEDULE NO. 2 OF LEASED PROPERTY This Memorandum of Amendment to Schedule No. 2 of Leased Property("Memorandum")is dated and made effective as of the date of the last party to sign, by and between the CITY OF HUNTINGTON BEACH ("Lessor"), with a mailing address of P.O. Box 711, Huntington Beach, California 92648-0711, and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC, a Delaware limited liability company, its attorney in fact ("Lessee"), with a mailing address of 2000 Corporate Drive, Canonsburg,Pennsylvania 15317. 1. Lessor and Pacific Bell Mobile Services, a California corporation("Original Lessee") entered into a Schedule No. 2 of Leased Property dated April 18, 1996 ("Original Schedule No. 2"), which is subject to the terms and conditions of that certain Master Communications Site Lease Agreement of even date (as amended,the"Master Lease"), a memorandum of which was recorded in the official records of Orange County, California (the "Official Records") on June 17, 1996 at Document No. 19960305029, whereby Original Lessee leased certain real property, together with access and utility easements, located in Orange County, California from Lessor (the "Premises"), all located within certain real property owned by Lessor ("Lessor's Property"). Lessor's Property, of which the Premises are a part, is more particularly described in Exhibit A attached hereto. 2. Original Schedule No. 2 was amended by that certain Amendment No. 1 to Schedule No.2 of Leased Property dated June 20,2011 (Original Schedule No.2 and all subsequent amendments are hereinafter referred to as"Schedule No. 2"). 3. T-Mobile West Tower is currently the lessee under the Schedule No. 2 and the Master Lease as ultimate successor in interest to Original Lessee. 4. The Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto. Documentary Transfer Tax$ _Computed on full value of property _Computed on full value less liens&encumbrances remaining at time of sale Site Name:CM090 Fire Station _Computed on full value of lease surpassing the 35-year term limit Business Unit#: 823240 1 • _Computed on leased area of the property Exempt-remaining lease term with renewal options is 35 years or less Thrifty v.County of Los Angeles(1989)210 Cal.App.3d 881 Signature of Declarant or agent 5. Schedule No. 2 had an initial term that commenced on May 1, 1996 and expired on April 30, 2001. The Master Lease provided for five (5) renewal terms of five (5)years each (each a "Renewal Term"), all of which were exercised by Lessee. According to the Master Lease, the final renewal term expires on April 30, 2026. 6. Lessor and Lessee have entered into an Amendment No.2 to Schedule No.2 to Leased Property(the"Second Amendment"),of which this is a Memorandum,providing,for two(2)additional Renewal Terms of five (5)years each. Pursuant to the Second Amendment, the final Renewal Term expires on April 30, 2036. 7. In the event of any inconsistency between this Memorandum and the Second Amendment,the Second Amendment shall control. 8. The terms, covenants and provisions of the Second Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. 9. This Memorandum does not contain the social security number of any person. 10. A copy of the Second Amendment is on file with Lessor and Lessee. [Execution Pages Follow] • Site Name: CM090 Fire Station Business Unit#: 823240 2 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor has caused this Memorandum to be duly executed on the dates written below. LESSOR: CITY 0 HUNTINGTON BEACH APPROVED AS TO FORM MICHAEL E. GATES Name: Gracey Van Der Mark CITY ATTORNEY Title: Mayor CITY OF HUNTINGTON BEACH /� Date: O 1,.C� I b 202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF I ar,q{� ) On /v//%va"g before me, a to, MAdy'e. ,Notary Public, personally appeared «spa etVvan tea,% , who proved to me on the basis of satisfa tory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal •ry TAMA MOORE Notary Public•California _� .^> Coo:0:323 3Nz ..• My Comm.Expires May 20,2023 SI NATURE OF TARY PUBLIC (Seal) [Lessee Execution Page Follows] Site Name: CM090 Fire Station Business Unit#: 823240 3 IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessee has caused this Memorandum to be duly executed on the date first written below. LESSEE: T-MOBILE WEST TOWER LLC, a Delaware limited liability company, By: CCTMO LLC, a Delaware limited liability company Its:Attorney in Fact By: �� " 6 (1/Arl Name: Lisa A. Sedgwick Title: Sr. Mgr Real Estate Date: ogfo5I2 State of Texas County of fig rr'i S Before me, Blame Traylor , a rotary Public on this day personally appeared Lisa A. Sedgwick , -,rgr Real Estate of CCTMO LLC, a Delaware limited liability company, as Attorney in Fact for T-MOBILE WEST TOWER LLC, ,known to we(or proved to me on the oath of or through driver's license, state id card, resident id card, military id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s13ehe executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ?j(d day of Seel-ember, 2024. Wea.ii•e_ 6-71.6r6re----- (Personalized Seal) Notary Public's Signature ,,„ BLAINE TRAYLOR 4Pu1"-'Notary Public,State of Texas w.: -mac Comm.Expires 02-14-2028 �'.;;;;;;`, � Notary ID 134763816 Site Name:CM090 Fire Station Business Unit#: 823240 4 EXHIBIT A Legal Description of Lessor's Property LESSOR'S PROPERTY OF WHICH THE PREMISES ARE A PART IS LEGALLY DESCRIBED AS FOLLOWS: 19711 BUSHARD STREET HUNTINGTON BEACH, CA 92646 APN: 153-314-35 • ALL THAT REAL PROPERTY LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE,DESCRIBED AS FOLLOWS: LOTS 180 AND 181 OF TRACT NO. 4350, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 177, PAGE(S) 40 TO 44 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. Site Name: CM090 Fire Station Business Unit#: 823240 5 Exhibit A AMENDMENT NO.2 TO SCHEDULE NO.2 OF LEASED PROPERTY THIS AMENDMENT NO. 2 TO SCHEDULE NO. 2 OF LEASED PROPERTY (this "Second Amendment")is dated and made effective as of the date of the last party to sign("Effective Date"),by and between the CITY OF HUNTINGTON BEACH ("Lessor"), with a mailing address of P.O. Box 711, Huntington Beach, California 92648-0711, and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC,a Delaware limited liability company,its attorney in fact("Lessee"),with a mailing address • of 2000 Corporate Drive, Canonsburg,Pennsylvania 15317. RECITALS WHEREAS,Lessor and Pacific Bell Mobile Services,a California corporation("Original Lessee")entered into a Schedule No. 2 of Leased Property dated April 18, 1996("Original Schedule No. 2"),which is subject to the terms and conditions of that certain Master Communications Site Lease Agreement of even date (as amended,the "Master Lease"), a memorandum of which was recorded in the official records of Orange County, California(the "Official Records")on June 17, 1996 at Document No. 19960305029,whereby Original Lessee leased certain real property, together with access and utility easements, located in Orange County, California from Lessor (the "Premises"), all located within certain real property owned by Lessor("Lessor's Property"); and WHEREAS,Original Schedule No.2 was amended by that certain Amendment No. 1 to Schedule No.2 of Leased Property dated June 20, 2011 (Original Schedule No. 2 and all subsequent amendments are hereinafter referred to as"Schedule No. 2"); and WHEREAS,T-Mobile West Tower LLC is currently the lessee under Schedule No.2 and the Master Lease as ultimate successor in interest to Original Lessee;and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures,equipment shelters, cabinets,meter boards,utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, Schedule No. 2 had an initial term that commenced on May 1, 1996. and expired on April 30, 2001. The Master Lease provided for five(5)renewal terms of five (5)years each, all of which were exercised by Lessee. According to the Master Lease,the final renewal term expires on April 30,2026; and WHEREAS, Lessor and Lessee desire to amend Schedule No. 2 on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows: 1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in Schedule No. 2 and the Master Lease. 2. Conditional Signing Bonus. Lessee will pay to Lessor a one-time amount of Twenty Thousand and 00/100 Dollars($20,000.00)for the full execution of this Second Amendment(and any applicable memorandum of amendment) (the"Conditional Signing Bonus"). Lessee will pay the Conditional Signing Bonus to Lessor within thirty(30)days of the full execution of this Second Amendment(and any applicable memorandum of amendment). In the event that this Second Amendment(and any applicable memorandum of amendment) is not fully executed Site Name: CM090 Fire Station Business Unit#: 823240 1 by both Lessor and Lessee for any reason,Lessee shall have no obligation to pay the Conditional Signing Bonus to Lessor. 3. Term. Original Schedule No. 2 is hereby amended to add the following: (f) Notwithstanding Section 1.04 of the Master Lease, the term of the Lease for the Premises ("Term") shall be for five (5) years commencing on May 1, 1996. Lessee shall have the right to extend the Term of Schedule No. 2 for seven (7) additional terms of five (5) years each (each a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions set forth herein, subject to the Master Lease. The Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor or Lessor notifies Lessee in writing of either party's intention not to extend at lease thirty(30)days prior to expiration of the then current initial term or any Renewal Term. Lessor and Lessee hereby acknowledge that Lessee has exercised five(5)Renewal Terms,leaving a balance of two(2)Renewal Terms,with the final Renewal Term expiring on April 30,2036. 4. One-Time Rent Increase. On January 1,2025,the monthly Rent shall increase to Three Thousand One Hundred and 00/100 Dollars($3,100.00)per month. Following such increase,the monthly Rent shall continue to adjust pursuant to Section 5 below. 5. Rent Escalations. Commencing on May 1, 2026 and every year thereafter (each an "Adjustment Date"), the monthly Rent shall increase by an amount equal to three and one-half percent (3.5%) of the monthly Rent in effect for the month immediately preceding the Adjustment Date. Such Rent escalations shall replace any Rent escalations currently in Schedule No. 2 and the Master Lease(as it relates to Schedule No. 2). 6. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9,or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested by Lessee. In the event the Premises is transferred,the succeeding lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the Rent to the new lessor. Lessor's failure to provide the IRS Form W-9 within thirty(30)days after Lessee's request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including,but not limited to,withholding applicable taxes from Rent payments. 7. Notices. Lessee's notice address as stated in Schedule No. 2 and the Master Lease is amended as follows: Lessee: T-Mobile West Tower LLC 12920 S.E. 38th Street Bellevue,WA 98006 Attention: Leasing Administration With a copy to: T-Mobile West Tower LLC do CCTMO LLC Attn: Legal-Real Estate Department 2000 Corporate Drive Canonsburg,PA 15317 Site Name: CM090 Fire Station Business Unit#: 823240 2 8. Ratification. a) Lessor and Lessee agree that Lessee is the current lessee under Schedule No. 2, Schedule No. 2 is in full force and effect, and Schedule No. 2, as amended herein,together with the Master Lease, contains the entire agreement between Lessor and Lessee with respect to the Premises. b) Lessor agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this Second Amendment are approved and ratified and that no breaches or defaults exist as of the date of this Second Amendment. c) Lessor represents and warrants that Lessor is duly authorized and has the full power, right and authority to enter into this Second Amendment and to perform all of its obligations under Schedule No. 2 and the Master Lease. d) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Master Lease and Schedule No. 2, as amended hereby, and ensure Lessee's continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Master Lease and Schedule No. 2, as amended hereby. 9. Remainder of Lease Unaffected. The parties hereto acknowledge that except as expressly modified hereby,Schedule No.2 remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Second Amendment and Schedule No. 2, the terms of this Second Amendment shall control. The terms, covenants and provisions of this Second Amendment shall extend to and be binding upon the respective executors,administrators,heirs,successors and assigns of Lessor and Lessee. This Second Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 10. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this Second Amendment("Memorandum") in the Official Records at any time following the execution of this Second Amendment by all parties hereto. 11. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in s• • 44 ed to or Second Amendmentinsl4' nic signatures. [Execution Pages Follow] Site Name: CM090 Fire Station Business Unit#: 823240 3 This Second Amendment is executed by Lessor as of the date written below. LESSOR: CITY OF HUNTINGTON BEACH By: fitj\UCAe7,,,aIYV\r23-t—tk Name: Gracey Van Der Mark Title: Mayor V Date: 11 Dt9-1( [Lessee Execution Page Follows] APPROVED AS TO FORM 42� MICHAEt E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH Site Name: CM090 Fire Station Business Unit#: 823240 4 This Second Amendment is executed by Lessee as of the date written below. LESSEE: T-MOBILE WEST TOWER LLC, a Delaware limited liability company, By: CCTMO LLC, a Delaware limited liability company Its:Attorney in Fact By: Name: Lisa A. Sedgwi Title: Sr. Mgr Real Estate Date: OG/0-2)/Zy Site Name:CM090 Fire Station Business Unit#: 823240 5 ' ;,,,,.r.:,-,..,.,ce..::-.„,;,.. .; ... ;. 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FORM TITLE«412.,t' lf,ica'te of Liability`Insurance ir'eNct 90 1.rix 'AX0.14-9n,,-49,74Bpsp.4tr,ST;..,,' 'CPC,024:4:t.•.:(T-164±114:•.:,ini54.3,21,), PropertySBusiness/Personal ftwopegt.t., City Of:411.1nt*ItOolt BeacK (Lessor), ,40•Ont*,,ao41:::0410yeitie are as Inetiketie Ithe;". . General Liability and 0.)*41=4/4.04# Liability as theIr 1*,00i*t.);414i appear and as required" w44e.p,agreement 004 with respect to the liability arising out of the operations l:performed by or on behalf of the kaiiiea'.InsuredLy City of ;Additional• Insureds astheir interest may appear with respect to th&,,htitattobile Liability for arising out of the.,operations or work performed by the PW4C4,/*11q14F044: if required by written agreement`• • General Liability A*0.R4144•4Liability, lYmbrelIafEcess Liability, .404 Oioitteto Compensation.4#0.446, ai Waiver of Subrogation :of the Additional Insureds when agreed .• to the policy terms, :conditions and exclusions as permitted byLaw 1*$1.)AF.4 AffORDING COVERhGE Travelers Property Casualty Company of 10044* ?'14I0Irt;i04114! 0.41,9112024. ;EXie•:.1:41,1iXf, 4100W22:0A; 40;T:.:0#41,7ii,txe4f TJT CoraSP: -4900,009; To•wettc On34: • ItISUR2Et.%ArBORDING COVERAGE Travelers Property Casualty:044.04 of lUnirica P410:4';24674 EFT.DATE::rj,io:4/ott2.9g4 '.04101/2025, • TX.P4,.12A1 ThSURMZ ;T•,:bgbcATPTIQW /4;t0%AMOVNZI Non-Tower Inland Marine Limit •"$1,-;000: boo Contractors.EqUipniam , Installation Limit $800,000 ACORD • . . • • . , , • , . . : . . .. . .. , . 01(2608161) ,q2998 iwoRp•cpIpORATION: AU rights Thii,:ACORattatritvaristildigpAre regj$titedd marks of AepFtD SR 25634'098' :BATCH t-3356656 ,CERZ72,433058008; . . CN 'A •CNA PARAPAGUNT Additional Insured Designated Person Or Organization This endorsement modifies insurance provided.under the fallowing: COMMERCIAL GENERAL.TAA8-±LITY ttiVtAGt PART cilibutt Name Ot ,AdditionaI :Insured Person Cm' Organization'kel: 'i"..c. TT'OF HPNTINGT9U:BEAc4F: IT --OE.VIcEE , -EtECEE0A, APP0110$.,0:12.FriOtAtib ' gmP:ZOYt4Si'-APFNTE.,411,1,,a-''..VP4U1s:TTEEE P..0. BOX III .. HONTINGTON BEACH CA '92'648 Information required-to Completethis SchedUle, if not shown otbPVex. will bia-'61.1045in'thP :PeolAtatione. , A. 'Section II. ,- Who Is An Insured is' -',amended to include as an - , , additional insured the person(s) Or-organization(s) shown in the 'Schedule, but only 'with ,respect-toaiability for bodily ininrii'i, property damage or personal and advertising intrY., caused in, whole Or in part, by your acts or omissions or the acts ct''oritia.plOils,-Of those acting,,On YOUr,tellaIf; :, 1, IntheParfOtOande of your On40i0.4, operations, or 2, 16-connection ,witn. your,premieeo.owneeby or rented you., " - However;,. , . I.. ,Thtlie-e insurance afforded to such additional insured only. , AtiPlaa 't.O , e;;teht,:p'Oxplitt04:.PY -4.4.0; and . . 2'. If coverage provided to the additional insured is required, , „ •tn;,,i4, 600t#d41-,t Or-44r0e1110.11 , the 4.osg4gq affor084 .0 ' 11g11 V I 1 _ I JIMINIMINN . mmwor i I ,........ Ml==1 = 1=1=1.0 .•••••mm• ... '• i=== ,MMM , ..m•••••• .===. '. •••••••• •4 -,. . dG2o26 04-1 '-':'-.11:411:01‘,No: '7Qi8331471; Page 1 of 2 Endorsement No OIL CONTINENTAL cA.Pu4LTX :COMPANY Effective Opts!' 04/01/2024 . . , Insured Name::MOTO g-As.T.T,E. INC* cppyright pyAAirRighcsgpserved. . . CNA CNA PARAMOUNT 'Adatiohel Ih04e4 - .Pe4#44te4 0e#40P Or CX'g4niz.4tioh additionalinsurednot be broader then tha _,ihidh, you , , are required by the contractor, agreement: to provide for such additional ired 0, With "respect to the insurance effarded-to• theSe.addIdonel insureds, the following is added ‘tateotioh III '-' UrAite'cif IheliKehPO: If cove4ge;PrOvideato the eddi.t.0he-1. insured j recitli#00J?Y a oPtittdOt:Or' 44k0OPieht, the 'ITIOSt 'We'will 'iJay, on behalf of the additional. insured 4mourit...0f. 1. Pequiredbythe ooritreot .or,49teePleht4'. or AvaiIable-undet, he applicable Limits Likit_s of Ihbutah. e.d shown ifl. thebeolexatiPhel whichever isle.. . , This endorsement sha1120qp.,. increase the applicable Limits of Insurance Shown' iu -theDeclarationar ii E, innomm === === PG2026'04-13 PolicyNo ,%,7018331477 Page 2 Of 2 :EtidorSerSenf•No... 64. . CONTINENTAL CASUALTY COMPANY Effective Date: 64101/ 624: Insured Name PAOTAIN CASTLE INC, 'Cepyd4hf.661A RIghle Reserved. . . .. . ...___.......__._... . CNA PARAMOUNT Primary and.Noncontributory Other Insurance Condition Endorsement This endorsement.modifies insurance provided:under the fr llowing COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMMIPLETEt7 OPERATIONS LIABILITY COVER GE,PART It is understood•and agreedthat the condition.entitled Other=Insurance,tsamended to add the fotiowing Primary,'And oncont butory Insurance, Notwithstanding:anything to the contrary, this insurance is primary to;and will riot seek contribution front any of ier insurance•available.to an additional Insured under this-policy provided that`: a the insulted is a named insured tender suE h other insurance;and the:N,amed Insured has:agreed in wn#ing;in,a contract oragreement that this insurance';would be primary and_ would not seek cot tribution;-from any other insurance available.:to the additional insured AllAlf other terms and;condition s ofthe Policy remain unchanged„ • Thts endorsement,which forms a part of and is forattachment to the"Policy issued}by-the.designated Insurers,takes effect: . oft the effective date of said Policy=at the hour.stated in.-said°`Policy, unless-another.effective date is,st own;below,.arid:: expires.concurrently,with said Policy:: • CNA749$7XX•(1-15}, . . Policy No 40. 331477.-' Page 1 of 1 Endorsement Noe. 1 CONTINENTAL,,CASUALTY COMPANY Effective Rate: a4/tu12024 Insured Name CROWN CAS LE INC. COOOkteNk All Right Reserver!. inctudesteopy,ighted material Insurance Services Office inc.,svrdi its•permisston.; _ ... •-i:,, . ,. :;ENDORSEMENT ..„. ,. ,,, ..... .. .. .., This endorsement,:Off..041Y0 1ZOIARO 04/0112024: .„„.. ,.....,...,..,.... .-•, ., Form$-, ,:piortot Polfq....No.: -4741.01040344546:' „ . .. . Issued. . . to:, Crown Castle Inc. 04,,,, Berkshire Hathaway Specialty Insurance Company ..., . , NoicR.OF CANCULLATITI:-;.'s',ikEsIGNATED:ENTITIES:40r, ..„ , , ... . rillIVII)UALs.,ENitr.oRstmENT • ....:.: . .. ss. ,.: . . THIS ENDORSEMENT THE POLICY. PLEASE READ IT . . „ ... . . . . ..,..:. ., Ilits•:.:orl4oggrvot,m01t.f**)4401TJA*oto4fottgoOolhigtoft.0141oit ,. .• - . . . ' .., , . ., .. . . . ' • 0:.000.4c14!-011giti,l,i1,14001TivtiP(' - :•• . ' • . . . COMMERCIAL UMBRELLA LIABILITY POLICY 'fftOMMt4.:04..,KgtA.I*0:00040146it*OiNt:01400?00(it4: ,„....„:„,,,,...... „,•,...., •:,,,,, , „....• FOLLOW FORM LIABILITY POLICY- • - '' PRODUCTS/COMPLETED.10-00ATIONO.A.B..KiTit.POLKY-: . . . • . . 71-..1*•fiii16.4,4it 10.,04.04-65,1h*tf,0144,, • ISCHEDULE , . Name and Address : 2 ' -'•-.7'-•' -I- :-• , .' '• • Notice of 000114O.,' ' ' :1; ••-- . - (Other Than . . .... T..0,..1 :0"...tovideduii„atokoiy, ,.• .:: :, : !iso,-..clays.. ',.iiiilo,:eiirodiatetiiive! . '. , • ' ' • '''. _ . •••• ! • ' '. . - . I i'- ' ' . . .., .—..,.....,.. ,„..„. „,..„,.....,,„ . a V #00414k&RA,15$1,11,-Q000'.. • - •• • ,. . ...., . „ „ . . , . . .. . . . . . . tsteovviotr!,.., respect to cancellation:, . . for non-payment cli'::0i7.0iifoiv:•1111 entities and individuals listed in *0,-,, sohodutgOthis!glifi:oise01.4.04,a receive Otiott:wfAteo tiCitit ,;:',0f1 #044fti*041p. -1#10:0if**iimi440,r.of days „:. ... listed::•fortthOitlftttigsch**k .- - ' .' .. ' • ' . - . ' ' . " . ' respectively.., . , 0 0.1.'ot t0:06-'11620;',00)Met-001„iik,'00:11. 0 of cancellation 0 ,, 0•Itf.44.t,i herein, tidWIOVkthi$,:#t:idbif 'Oofi't,e'o:ttf:efi•-',fi&, .,, • ,• tik1.40rt..444',.0440-:,!thiktiOW'f(* N.,,eiitit:Vi.'oeiiidiv-Koa,„[W #'.f.tilli:e,fWied0W6f,tfilkiiiii6.6664ent. . ', -.1,,,• •, , : ..: • • , . .•:. , ...... . , _ . . , . . . .. ,. . . . .... .. . . . All Othefteti0-4iiiici504itre.,00fi,0:1*J50110.'01..0.'0000004; ... ... ... ••, . .,, .,.., •.., . •.. . ... . . 1,00.1„1, ii.;94t,y.R,p67-3:04,44.. „ •. ... • i:•.:: . . . , : , .:, .._,.., ,. . . .„ ....... Workers Compensation And Employers Liability•Insurance: Policyholder Notice, I It is understood'and agreed that';; If you hav agr eed under written contract to"provide notice of car►ce1latiorl to a party to;i+wm the Att ge of Record has issued a Certificate of Insurance, and if We cancel a policy term;described,onthat Certificate of Insurance for any reason:other than nonpayme mnt of premiu then notice:cif cancellation willbe-`provided to such Certificate Holders'at'least 30 days in advance et the.date cancellation is effective., If otice i n s mailed, then.proof of mailing to the last known;mailing address;of the Certificate Flakier.on file with the agent::of Record will:be suffiicient;to prove notice':; Any failure by us;t0 notify such persarl�S or'Organizations will not ei4erid or invalidate such,CanCaltation,:or Impose'any liability or obligation upon.us,or,the Agee t,of Record. All other ferias and,conditions of the'pohcy-'rernain un:chaijged. This,.endorsement. which,forms apart;Ofandsis fot attachmt ent to the,policy issued*by.the designated=Insurers,;;' takes effect„on,the Policy Effective,oats of said policy, at the hour,stated-:in said policy', unless.another i effective',date (the Endorsement,Effective Pate) is,ahowrn below;,and expires concurrently with:said policy I unle's's another,expiation date ie,shdwrt below.. x I. 1. Form No:GC88O21'A iOZ.2013i. Peliojr No vuC7o1833,1k: Policyholder.Notice;:Page::1 Of 1- Policy Effective Datet•04/01/2024; Underwriting,Company, The Continental Insurance Company 151 N Franklin Sty;Chicago,IL 606062 Policy Page '4.`of 382 0 Copyright CNA Ali.Etights.Reserved. .. ,. 0 0 A. Business,Auto Policy. , Policy Endar.sPI110)1t. NIFOlir . Irr'-:::::?"-=rot-iii:IL-4-:-•z,,,•::,,7,1triz,,,,,, -;:,:x.,ri,E?:.:14.,zwy,.7i5F1, -71,-;,,,,,,i,,,,,7-„;44gliats• 7,,:,-,',;i7,-;:cfr..:,;6',,,,;,4:,42°,,t: 4''a' tP#0/41Arte-1110::Nltb:;ttlilitel*ActINDlidEfer'_4." '''''t,',4',:-" 'lark.,,,,,,i7.5,41,,,,r4i; .-.‘4,;in.„_:4...•. A.01:2, ,-t.,,c4***?,04,7z'3. "g,,,,.i4,,, .,. ,..-",,,,,.°I.A.'4.1"X." ,,.,,,,"::":;:.7,A,P-',7itz,V4At.ve-.;;e0,2;', t It'','7,"4.,ir:f...".f." f,'Y,-; t44'77k 1...*'"?' ,ZAt4,0341446Z",,Z--e': ,,,, 04'.;".1.',V.04,%,;.',f::.k-,-*/' ''')`':...4'.0'''''',.!'A:.!,PA, 41,7',,,f,':, ..-z",°4,4, r,' u.7, ' ,',-,C.,,. 416 understood 400 e.O.cf t!la.t.', ,.. . If you have agreed MP,Or written contract to provide notice of PanOelletIOPAO a party to whom the Ageht of Record has issued 4. ..,;4eifift5t•&10i,Insurance,and if we cancel a policy term described on that Certificate of Insurance.for any reason other than nonpayment of prerniprn,i.then 06.00g of,04n4004#070*ill be provWoofto ,such Ceetificateholders at least,46 days in advance of the date conceiratien le effeetiVe- lf‘notice is mailed,then proof mailing the las-t.. maiiing address tfie,Certhicatehbider'on'file With - .... , , . , . known , , , the:Agent of fiepOof WM'be4tffficient to p'eove..riOtfea, Any failure by us to notify such PPrsOrIP.or organizations will not or invalidate such tentellation,...or imPo*Oh01041ii4r."Or 6i:iii§40.04000ri us or 1).P.,A0i3ht of RatOrd. , . . , .M.other•ter.rns anef.toriditiOrte Of the policy rernainurithenged,• This endoreernon,t,-which forms a part of and is for attachment to the policy issued by the deeignatad it*iroosa takes effect on the Policy Effective datof said poliqy-ot-thohou.r.statedin said policy i unless another date lthe Endorsement Effective Date) it shown 4416vy,-,pri •8 pire's7ctopyrepri-tiy:with taid polidy, . ., „ .fOn)-k NO cNA8ficqi X*(0,2'7-goim Policy No:BUA,7018331432, Endorsement Effective date: Endorsement tkpirati.on,.Datet ,Policy Effective Date:04/0112024 Endorsernent No:-1471:Pgii 1`of 1 -Patiay:Page::590;of 635 . "Underwriting Company Continental Casualty CortiOarlyi,j51 riuNnkiiii St Chicago IL 60606 e CopyriOliVeNA AU Rihtl'ReSerVed. „ , , cNA 717i5i74'ar'-- - Liacurg joic;Egittitt:445 .00.0Elfsi4A4At. -4; It is understood and..egreed that: If you have agreed under written contract to provide notice of cancellation to a party ta whom the.Agent of Record has issued a Certificate of Insurance,-and if we cancel a policy term described on that Certificate'a Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such 'Certificate, Holders at least 30 days In'advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificate Holder on file,with the Agent of Record will;besofficierit to prove notice'. Any failure by us to notify such persons or organizations will not extend,or Invalidate such cancellation, or impose arty liability-or obligation upon us or the Agent OfRecord. • • • Form NaRcSik, A-14;26ig • Poiic*.Nà7Oi833145L64-,..'-461—, Policy EffectiveDatC:4IPV?9, 1,1 Underwriting Company:tontirientatCasualty Company, • (i) CNA Alt Rights Reserved. ,- isfA9' . .. - -- . -- •..AM, , ,-'•.-..•:..• 2... • .. ',., •.:.,. '.,: ..• , . .,. ,. . :11,1/4h.... . .. .,., . •,. .e. 7... .._. :...... .... .6460. : ,:: . . . .., , Second Amendment . . .. . . . . ,. . ., .... , • •• . . to Schedule of . .. .., \Zs, i .: 46...,..ti%ti ik P:ORA 17-4---164i• I .e.. v - FF �� . Leased Bushard Fire Station. * t r 17 190%., �.• � :•...,ss:>,: _,of .,.: . -. ;.... • ;. . ,.. .. , .. . ., ..„.2- • .. -..... -.. : ; ,.., i ..u .... . • . . .. . T .. : . _: .. . . ..,,.,.,. if, ....... .. . . . . ±- 0I ._ 82 Request • Amend Schedule No. 2 of Leased Property for Bushard Fire Station between the City and T-Mobile West Tower LLC • Execute the Amendment and a Lease Memorandum of *Oki, Ot4i ,.; '.� ir 41 �e Y w 8 e \• . . • ae /I 83 s . t L e Lease Loca • 19711 Bushard St' � 1 , . 1 _ . . .... „ .,... ... 1 . ..! i ... , .,. , ... 4,41 . '1, ". 4.......„ i { ' , k� 4'N! � 1I 014:fiF a, ° t l "'j S • Fire Station No. 3 — g r � l �` ° . � Bushard Fire Stationjr- �: � If g Y . ' ; :� �4-,474" n �� ', � � its- ? � °' ti a�st� . - s �, r l ;r...,,.,:.:1,*,,,,:,,,-',‘,,r,.,,.',,..:.,.'e.7.;i„r.,pa,,w.,4,.A.1„1x2$:,.„,-.;,i,,'.v„,7- tt -M_-:.'.'....''...-,...,i..7:i t;_..,...E.t';.—,T,, % { T ate. �� t ,e i i,-,,,,,,,,,,, ..• 4(7;:i:,;-'.„N,-1,,-4-,.;.-4,,..- rx �• E� .„.k‘,.„',„„.„.......— `° e. 1 .t.;'' 84 Negotiated • Add two 5-year renewal periods to existing agreement • New expiration would be 4/30/2036 • Rent increased from $2,816.79 to $3, 100.00 upon execution • Annual escalations of 3.5% � �� City will be paid a one-time fee of $20,000 .4„1.1,7.--:-. "-,.4i.„-:44-....i: st COUNTY`G 'i>. � 85 Recommended • Approve Amendment No. 2 • Authorize the Mayor and City Clerk to execute documents. �, T1NG 11CI-s a y:. 0 'COUNTY vk\- 86 '' ,,,, .,.,.....„,,,,,,:,,„.,,,..„,,,,.:.:,,,,„ ,,. , ...:4,,,::„ :,, ,...,...4„.., ,:,,,,_:,„..,,,i....,:...,,,,..„.,....;,,..:,„„:::,..... .., ,,„,„,,,,‘„,,,,,,,,,,,,,,,,,,„:„;,: pp,,,04041,:•„.:".lin.Tt -744;40F,,i...;•il,,Ex:.: Questions ? MF . k � s ` . 3 ,mac^, , P1 Viz' §' ., ' l' f S� i l''''lliell. 11)1r f� .am ...0 7r r\st _•ice lei 1!"1 li _ it i . '.a te. .�"°"",17:1 .. c-7 �:- f r. ` #..r#.. .,• , € ,a• ...,,,,,,c„..,. --..,..4.,-,•- . ., ,..A,;;;;;1„,. y, ,v 1 t 1 E : zlt jilt, ,, ' 7 a ..olir .2,.:.44.,..., •. ,...L.A. 1.;,.. .. -- .-; .-e \ '` 87 CITY OF HUNTINGTON BEACH fij st Public Works Department �ypF+COu��$ October 10, 2024 Catherine Abejar Crown Castel 8020 Katy Freeway Houstin TX. 77024 Hello Catherine, Please find the enclosed fully executed Second Amendment to the Site License Agreement between the City of Huntington Beach and T-Mobile, and the associated Lease Memorandum. Should you have any questions, please feel free to reach out at my contact information below. Regards, Bill Krill Real Estate and Project Manager City of Huntington Beach 2000 Main St. Huntington Beach CA, 92648 714-374-1713 William.krillt�surfcity-hb.orq 2000 Main Street, California 92648• Phone 714-536-5431 • www.huntingtonbeachca.gov 71 �n Council/Agency Meeting Held:_ Deferred/Continued to: kppr ved ❑ Conditionally Approved ❑ Denied CP CIjrbX Signat re Council Meeting Date: June 20, 2011 Department ID Number: ED 11-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stanley Smalewitz, Director of Economic Development Patrick McIntosh, Fire Chief SUBJECT: Approve and authorize execution of Amendment to Master Site Lease Agreement and Schedule No. 2 for Bushard Fire Station with T-Mobile West Corporation Statement of Issue: The City Council is asked to approve Amendment No. 1 to the Master Communications Site Lease Agreement and Amendment No. 1 to Schedule No. 2 of Leased Property for Bushard Fire Station between the City and T-Mobile West Corporation. Financial Impact: Increase in General Fund, Account No. 10000100.45100, of approximately $5,500 per year. Lessee will also reconstruct the entire fire station parking area once the underground improvements have been completed. Recommended Action: Motion to: A) Authorize the Mayor and City Clerk to approve and execute both the "Amendment No. 1 to Master Communications Site Lease Agreement Between the City of Huntington Beach and T-Mobile West Corporation;" and, "Amendment No. 1 to Schedule No_ 2 of Leased Property" with T-Mobile West Corporation for Bushard Fire Station; and, B) Authorize the City Manager or his designee to execute any other related documents or approvals regarding the Amendments. Alternative Action(s): Do not approve the Amendments. I i B -1 6-7- Item 10. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 6/20/2011 DEPARTMENT ID NUMBER: ED 11-27 Analysis: T-Mobile West Corporation ("T-Mobile") has requested permission from the City to amend their current Lease Agreement at Bushard Fire Station, 19711 Bushard Street, in order to complete a utility upgrade from copper to fiber. The purpose of this upgrade is the increase in T-Mobile's capacity at this site in order to keep up with the increasing demand of cell phone users. Switching to fiber conduit will prevent dropped calls and will increase the speed of the data transfer. T-Mobile is unable to use the existing conduit path to the lease area so a new path is proposed which will require trenching across the parking lot surface, which is why the proposed Amendment is necessary. The initial master lease commenced back in 1996, and includes the Bushard Fire Station, as well as the Central Library cell site locations. The initial lease was formerly between the City and Pacific Bell Mobile Services. Since that time, T-Mobile has become the successor in interest to the lease. The initial term was for five years with five five-year options. The expiration date of the master lease, with all options exercised, is in April 2026. T-Mobile has agreed to an increased monthly rent of $2,300 per month which is an increase of approximately $450 per month and brings the rent up to current market standards for this type of site. This will result an overall revenue increase of approximately $5,500 per year to the General Fund. Upon the completion of the underground improvements in the parking lot, at the Fire Department's request, T-Mobile has agreed to reconstruct the entire fire station parking area with concrete at its sole cost and expense. This is estimated to be an over$40,000 expense. T-Mobile has agreed, as stated in more detail in the amended Schedule No. 2, to abide with the specifications of our Public Works Department and any application standard plans or requirements to the satisfaction of the City Engineer. T-Mobile will be required to submit a paving plan which will require approval of the Fire Department and the Public Work's City Engineer or his designee. The Fire Department has reviewed and approved the basic conceptual plan as set forth in Exhibit B of the Agreement. T-Mobile West Corporation has agreed to the terms and conditions of the amended Site License Agreement and amended schedule for Bushard Fire Station. The Real Estate Division/Economic Development Department, which is the operating department for wireless communication license agreements, along with the Fire Department, recommends the approval of the Amendments. The approval of this action would be an added benefit to the community by providing improved wireless service, as well as increasing revenue to the City's General Fund, along with the major improvement to the existing parking lot at Bushard Fire Station. Environmental Status: Categorically exempt from CEQA. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Item 10. - 2 1113 -168._ REQUEST FOR COUNCIL ACTION MEETING DATE: 6/20/2011 DEPARTMENT ID NUMBER: ED 11-27 Attachment(s): 1. "Amendment No. 1 to Master Communications Site Lease Agreement Between the City of Huntington Beach and T-Mobile West Corporation" 2. "Amendment No. 1 to Schedule No. 2 of Lease Property" for Bushard Fire Station 3. Certificate of Insurance 4.:]:Master Lease Agreement dated April 15, 1996 11B -169- Item 10. - 3 ATTACHMENT #1 AMENDMENT NO. 1 TO MASTER COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND T-MOBILE WEST CORPORATION THIS AMENDMENT NO. 1 to the MASTER COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") is entered into , �tk,, tg- ;ID 20 fl , by and between T- MOBILE WEST CORPORATION, a Delaware corporation, successor in interest to TMO CA/NV LLC, formerly known as Pacific Bell Wireless LLC, successor in interest to formerly known as Pacific Bell Mobile Services ("Lessee") and the CITY OF HUNTINGTON BEACH, a municipal corporation("Lessor"). WHEREAS, Lessor and Lessee are parties to that certain agreement, dated April, 1996, entitled "Master Communications Site License Agreement Between the City of Huntington Beach and Pacific Bell Mobile Services" which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, Lessor and Lessee desire to amend certain - terms to clarify and/or update the original agreement, NOW, THEREFORE, it is agreed by Lessor and Lessee as follows: 1. Article 1 Term of Lease, Section 1.05 Rent Consideration is hereby amended as follows: Section 1.05 Rent/Consideration (a) Unless otherwise provided in a separate Schedule, upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of one thousand two hundred and fifty dollars ($1,250) per month ("Rent") for each individual Schedule. Rent shall be payable on the first day of each month, in advance, to Lessor at Lessor's address specified in Section 11.02, Notice. If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term,the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month, or if a Schedule is terminated, before the expiration of any month for which Rent should have been paid. 2. Article 7 Assignment, Section 7.01 Permitted Assignment is hereby amended as follows: Section 7.01 Permitted Assignment Lessee may assign its rights under this Lease or any Schedule upon written notice to Lessor to any person or business entity which: (i) is a parent, subsidiary, or affiliate of Lessee; (ii) is the successor or surviving entity resulting from a merger or other plan of reorganization with Lessee; (iii) acquires more than fifty percent(50%) of either an ownership interest in Lessee or the assets of Lessee in the "Metropolitan Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such assignment, Lessee will not be relieved of liabilities and 10-2573-°-::/63154 1 obligations hereunder as provided by applicable state law and Lessor may look to the assignee or assignor for performance under this Lease and all obligations hereunder. Lessee may otherwise assign this Lease upon written approval of Lessor, which shall be in the form of a 3-party assignment agreement whereby Lessee agrees in part to perform all obligations pursuant to the terms of the lease in the event assignee defaults. Approval of said assignment is contingent upon execution of said assignment agreement. The terms and conditions of the assignment agreement shall be at the discretion of the Lessor. If the assignment agreement is executed, the assignment shall not be unreasonably delayed, withheld, conditioned or denied. Lessee may sublease a portion of the Premises, specifically space on the tower ("Colocation Lease"), to a third party provider of communications services (a "Subsequent User") provided that the Subsequent User enter into a lease with Lessor ("City") for space (the "Lease"). Lessor shall retain all rights to rental income from the Subsequent User with respect to the Lease. Lessee shall retain all rights to rental income from any Subsequent User with respect to the Colocation Lease ("Tower Rent"). Provided, however, that upon commencement and receipt of the Tower Rent, Lessee agrees to pay to Lessor a colocation fee ("Colocation Fee")and said fee will be negotiated prior to collocation and set forth on the separate schedule governing the tower lease. 3. Article 11 Miscellaneous, Section 11.02 Notice is hereby amended as follows: Section 11.02 Notice Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail,postage prepaid, addressed to the party concerned as follow: TO CITY: TO LESSEE: City Clerk T-Mobile USA, Inc. City of Huntington Beach 12920 SE 381h Street 2000 Main Street Bellevue, WA 98006 Huntington Beach, CA 92647 Attn: PCS Lease Administrator/LA02090/CM090 Fire Station Department of Economic Development Attn: Real Estate Services With a copy to: 2000 Main Street T-Mobile USA, Inc. Huntington Beach, CA 92647 12920 SE 38th Street Bellevue, WA 98006 Attn: Legal Dept/LA02090/CM090 Fire Station With a copy to: T-Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager/ LA02090/CM090 Fire Station Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. 10-2573.001/63154 2 4. Article 11 Miscellaneous, Section 11.06 Sole and Only Agreement is hereby amended as follows: Section 11.06 Sole and Only Agreement Except as otherwise provided in a separate schedule, this instrument constitutes the sole and only agreement between Lessor and Lessee respecting Premises, the leasing of Premises to Lessee, or the lease term herein specified, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void. 5. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day of 20 at Huntington Beach, California. LESSEE: LESSOR: T-MOBILE WEST CORPORATION, a CITY OF HUNTINGTON BEACH, a Delaware corporation municipal corporation of the State of California By: 'Print name ITS: (circle one)Chairman/President/Vice President Nvyor AND OAI�;d By. ity Clerk b'a� Ii INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Economic evelopment Approved as to FAm LAZ APPROVED AS TO FORM: REVIE ND APPROVED: Cit Attorney iwv -(�- pity hanager 01, 10-2573.001/63154 3 ATTACHMENT #2 Schedule 002 CM-089-11 AMENDMENT NO. 1 TO SCHEDULE NO. 2 OF LEASED PROPERTY This Amendment No. 1 to the Schedule of Leased Property is entered into this day of A)C—" , 20J/, by and between the City of Huntington Beach and Pacific Bell Mobile Services (now known as T-Mobile West Corporation). This Schedule remains governed by the terms and conditions of the Master Communications Site License Agreement unless specifically modified by the terms contained herein. Paragraph 2 of the Schedule of Leased Property Number 002 regarding property description is hereby amended as follows: Premises leased to Lessee under this Schedule is commonly known as the Bushard Fire Station located at 19711 Bushard Street, Huntington Beach, CA, and is more specifically described in amended Exhibits A and B attached hereto specifically replacing prior descriptions of the premises. The Schedule No. 2 of Lease Property is amended to include the following: (a) Effective as of %JCLZ_y 6/ , 2011, Lessee shall pay Lessor, as rent, the sum of two thousand three hundred dollars ($2,300) per month ("Rent") for this Schedule. Rent shall be payable on the first day of each month, in advance, to Lessor at Lessor's address specified in Section 11.02, Notice. If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term,the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month, or if a Schedule is terminated, before the expiration of any month for which Rent should have been paid. (b) For any Renewal Term, Lessee shall pay the then current Rent, increased by any percentage increase which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the.United States Department of Labor, Bureau of Labor Statistics, for All Consumers for the Los Angeles, Anaheim, Riverside Metropolitan Statistical Area during the preceding five (5) year period. Such increase shall not exceed twenty-five percent (25%) of the Rent during any Renewal Term. (c) Upon completion of the underground improvements in the parking lot, Lessee agrees to reconstruct the entire fire station parking area with concrete at its sole cost and expense. The pavement structural section (of approximately 3,500 square feet) shall consist of 6 inch Portland Cement Concrete over 4 inch Aggregate Base and reinforced with a minimum #4 rebar at 24" on-center using a 660C4000 PSI (pounds per square inch) concrete and shall be restriped to match the existing parking lot layout. Materials and installation shall conform to Standard Specifications for Public Works Construction (Greenbook) and any applicable standard plans or requirements to the satisfaction of the City Engineer. A paving plan (quotes and work 1 10-2573/63158 Schedule 002 CM-089-11 order) will also require the approval of the Fire Department and the Public Work's City Engineer or his/her designee. (d) Pursuant to the terms of the Master Lease, Lessee shall obtain all City, State and Federal permits and approvals. (e) Lessee must comply with Rule 18 of the Public Utilities Code. The Effective Date for this Amendment shall be LESSEE LESSOR T-MOBILE WEST CORPORATION, a CITY OF HUNTINGTON BEACH, a Delaware corporation municipal co 0 By: By: Name: IDG",7 y 3ciZer>- --n Name: Title: Title: Mayor Date:_ 5 /i- i l Date: App ed as t o Forfn APPROVED AS TO FORM: 4 Ci y Attorney 2 10-2573/63158 Schedule 002 CM-089-11 EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: 19711 Bushard Street Huntington Beach, CA 92646 APN: 153-314-35 All that real property located in the State of California, County of Orange, described as follows: Lots 180 and 181 of Tract No. 4350, in the City of Huntington Beach, as shown on a map recorded in book 177, pages) 40 to 44 inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, without the right of surface entry, as reserved in instruments of record. 4 10-257Y63158 Schedule 002 CM-089-11 EXHIBIT B SUPPLEMENT TO DESCRIPTION OF PREMISES See attached document (consisting of 1 page) prepared by Time Warner Cable as well as attached document(consisting of 1 page)prepared by Vantage Company 5 10-2573/63158 CONTRACTORECORWRAN7T; SITE ID # LA02090A JJJX -THE CONTRACTOR WARRANTIES THATTHEIFCM7ORNM STATE �'yjs OENSIES,BONDS. INSURACONTRACEAN OTHERLMN8 AND ALL OTHERAPPUGyTIBLEMEWARNERLOCA1 `C�,TIYf INsuRANCEANDorNERDDcuMENrsREqun+EDBrra,Ewn3aER,Loc�L UNDERGROUND FIBER INSTALLATION STATE AN°FEDERAL ATKANN'"°AGENGESAREN GOOD BTA"DN°ABTHEY 19711 BUSHARD ST APPLY AND FEWaM GOVERN. CAPE CAD DR 0 TELHAN DR -THE CONTRACTOR FURTHER WARRANTFBTHEYARE POW E➢GEABtEOF CALIFORNIA GENERAL CRDER PS,CALIFORNIA OENFR/LOROER 12k THE NATIOMELECTRICCODF,OSHA AND ALL OTHERRLAFB,REGULATORS, CITY OF HUNTINGTON BEACH CODES AND SAFETY PRECAUTIONS WHICH APPLYTO THESCOPE OFWURK IT El BICKLEY DR tb WILL BE THE RESPONSIBUTY OF THE CONTRACTORTO NSURE ALL OFTHEIR WOWU:RSAREINCOMPLMCEWIT"THESECOOFB,RINBBAND d N REGlAA710NS. D -IN CASES WHERE THE CONTRACTOR SFESACONFUCTBEIWEEN1HEW0RK n SPECIFIED AND ANY RULE,REGULATION,CODE,S/,FEIYISSUE ORANYOTHER f.T SITUATON WHICHISCONTARYTOPROPE.GOODA VMMWOFAW4SHP, N THE CONTRACTOR WILL NOT PERFORM THATASPECfOiWIXX,BUTWML Z -N NOTIFY THE PROJECT MANAGER OF THE CONFLICT N A TIELY MANNER. SCOPE OF DRAWING: EXISTING POLE- -\ -THIS DRAWING B NOT INTENDED AS ODNPIETECONSTHUCTION D: 146 09 05E SPECIFICATIONS,BUT EMBODIES ONLY THE REWNENENTSWHICHAFE MOST / \ PROJECT VICINITY MAP IMPORTANT FROM THE STANDPONTOF SAFETY'NIOSERJCE \\\ CONSTRUCT ON SHAD BEACCORDNOTO ACCEPTED GOOD PRACTICE FOR PLACE 3' RISER \ LOCATION THE GIVEN LOCALCONDITONS WALLPARTICULAPS NOTSPECFIFDNTHE ORAWVSU AT 9 O'CLOCK \ LlldfilNG CONDFIWN88PECIFIED: 31'7' \ Proposed Excavation Existing Grade AN -THE REWIRMENB SPECIFIED IN THIS DRAWNOAR 705PACJNO, � -- D irt/ \ t—Ch CLEARANCE ANOSTRENSTHOFCONSTRwnONAFIEwNGrn RNMVt4 HAND Y \ i' ERPRESSEDAS MINIMUM OR MADMUMVALUESAS INDICATED.NCASES TRENCH \I SAW-CUT 1Z \ WHERE TWO OR MORE REW IREMENTS ESTABLISH UMfN000NDMOtS THE \ MOSTSTRINGENT CONDITION SHALL BE MET,THIS PROVDNOOOMPLIANCE WIDE TO POLE \\ WITHiHE OTHER APPLICABLE CONDRICNS GPFAIERSRENOTHOi � 1-TINs1 -\� 6•Min.Cover CONSTRUCTION AND MORE AWLS SPACINGSPNDaFMANCE37HANHEPEN IC:tae 5E N ExlsnNc ROLE Nctive Soil BOckfill Below Existing Gratle SPECIFIED JAY BE DESIRABLE INSOMECASMANDMMYSEPROVOED PL cE 3 Is \ 10',i5I15T]E Exs c LE 957,Camp action ACCORDINGLY IF OTHEIRREGUIREMENTS ARE NOTVICUTED NSO DDNGE Ai 9 O'CLOC 64' ID:1 4]1 B]7E TWC PVC CO cLit O I' I xlsnrvc�J"RISER (Time Warner Coble) SCOPE OF WORK: \\V, cn�Tv "o • PUCE S RISER ON POLE I40MOFE AT 9 �\ }3 TYPICAL TRENCH DETAIL OCLOpc FIRE " NO SCALE BORE TOTALOF157 PARKING I STATION N OF FRE BCREPR LOT • SAWCUTTOTALOFI7-17WICEFRa4 EDGE OF FIRE STATION TO POLE mENcn ELL CABINET LEGEND o _ DRIVEWAY --- EXISTING AERIAL R/W- -- -- S/W a y POLE-EXISTING T C6G Ov - - CATV-EXISTIN6 CELL 1- 0 Q CATV-NEW VAULT CL' ----------- —————— NEW CONDUIT C6G ,�,CAPE COD DR. ,. -----LVT OTHER —-—-—-— C/L CENTER LINE —EPTry R/W—-— RIGHT OF WAY C6g—-— CURB 6 GUTTER �lw me. P/L PROPERTY LINE TaeEwAwrn d Oucr S/W SIDE WALK DIRECT-BURIED"Y"INTERCEPT y 1-800-227-2600 MUTE uE�°vc'ro N DRAWN BY: YES KITTY REVISIONS TELI. N0 951>z 3_,8,q 4 ,D TIME WARNER Title/Job Address: TICKET s� E-MAIL: KR 0JAS4io l an d-engi IT ri g.com - 19711A FIELD BY; IES FF - 1711 BUSHARD ST HUNTINGTON BEACH CA 82848 JOB SO FT - ��w� MINIMUM EXCAVATION I unlDh RCRouHND FIRER STREET TYPE LOCAL-STREET INSTALLATION T . • ®bile ® ® ® ®® stick together' 3 s.Mo.gym.c�.un9711� 5 PFEPMfO 6Y. FIBERAAV PROJECT Vantage Company SITE NUMBER : LA02090A CITY : HUNTINGTON BEACH SITE NAME : CM090 FIRE STATION COUNTY : ORANGE Coastal Business Group SITE TYPE : RAWLAND REFERENCE : CM090 °�law' aa. ,...�.�.._p..P OQ 05.20.10 FOR APPROVAL JB (E)BUILDING (E)T-MOBILE METER PEDESTAL (E)7-MOBILE LEASE AREA (E)BTS (E)BTS CABINET / \ ❑ CABINET waEcr wrvwMAnou: 1 rJ� � _ I ------ i w LA02090A � r- F _ (E) CM090 FlRE STATION (E)QUEEN PALM TELCO �1 BOX L-II 19711 BUSHARD STREET CBTS HUNTNCTCN BEACH,CA 928" INET � (P)ALPHA FlBER GBINET (E) c. 5GAL(MULCH PRUNUS'ALL PLANTS) N S) SHRUBS I\ 3'OC.(MULCH UNDER ALL PLANTS) \� —6 — -- (P) 1-5GAL PRUNUS BRIGHT N TIGHT' SHRUB SEE PLANNNG DETAIL (E)QUEEN PALM TITLE SHEET EQUIPMENT LAYOUT 22'-0'LEASE LINE T®1 ATTACHMENT #3 DATE(MM/DDNYYY) ® CERTIFICATE OF LIABILITY INSURANCE D6/.D2I2D„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c PRODUCER CONTACT aon Risk Insurance Services west, Inc. wutE. Seattle WA Office I..No.Extg (866) 283-7122 (847) 953-5390 a 1420 Fifth Avenue E-MaL o Suite 1200 ADDRESS: _ Seattle WA 98101-4030 USA MSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA.' Greenwich insurance Company 22322 T-Mobile USA, Inc. INSURERB: Travelers Property Cas Co of America 25674 its Subsidiaries and Affiliates 12920 SE 38th Street INSURERC: Phoenix Ins Co 25623 Bellevue WA 98006 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570042725297 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSR WVD1 POLICY NUMBER MMIDDIYYYY MID LIMBS A GENERAL LIABILITY RGD EACH OCCURRENCE 11,000,005 DAMAGE TO RFNThD X COMMERCIAL GENERAL LIABILITY DAM �FO PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X❑OCCUR MED EXP(Any one person) - $5,000 X Contractual Liability Incl. 'r) CITT)ATL) /'�l PERSONAL&ADV INJURY $1,000,000 11 111\C T" L GENERAL AGGREGATE4 — $2,000,000 'O // N GEN'L AGGREGATE LIMIT APPLIES PER: (l PRODUCTS-COMP/OP AGG $2,000,000 0 POLICY IRO- X LOC Ln A AUTOMOBILE LIABILITY RAD 5000257 5 1 11 05 01 2 1 COMBINED SINGLE LIMIT $2,000,000 AOS Ea accident - ,. A X ANY AUTO RAD 5000258 05/01/2011 05/01/2012 BODILY INJURY(Per person) ALL OWNED SCHEDULED MA BODILY INJURY(Per accident) m AUTOS AUTOS -gip HIRED AUTOS NON-OWNED PROPERTY DAMAGE w AUTOS m UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAR CLAIMS-MADE AGGREGATE DED I IRETENTION B WORKERS COMPENSATION AND HC21UB474M4871 S O1 2011 05 01 201 X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR I PARTNER 1 EXEcUTIVE Y I N ADS E.L.EACH ACCIDENT $1,000,000 c OFFICERIMEMBERFxaUDED? a NIA HRNUB474M4883 05/01/201105/01/2012 (Mandatory in NH) WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If E O rider DCdRePTrbeOF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000�— I I I l DESCRIPTION OF OPERATIONS I LOCATIONSJ VEHICLES(Attach ACORD ici,Additional Remarks Schedule,if more space is required) Site Number: LA02090A, Site Name: CM090 Fire Station, Site Address: 19711 Bushard St., Huntington Beach, CA 92646. The City 0 Of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insured for General Liability solely as respect to operations of the Named insured at the above location if required by contract. Per Cancellation Notification to Others Endorsement - in the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to "Blanket per List on file' - 30 Days Notification,. All other terms and conditions of the Policy remain unchanged, with regard to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Huntington Beach AUTHORRED REPRESENTATIVE its Officers, Elected or Appointed Officials, Employees, Agents rn � � r✓Gt�t 'd � and volunteers 2000 Main Street Huntington Beach CA 92648 USA ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Item 10. - 16 - n- POLICY NUMBER: COMMERCIAL RGD5000259 GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) The City of Huntington Beach,its Officers, Elected or Appointed Officials,Employees,Egents and Volunteers. reformation required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 1113 .183-. Item 10. - 17 ® CERTIFICATE ®F PRO PERT INSU CE D06/02/20111) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. N this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT AOn Risk Insurance Services west, Inc. HONE FAX .. Seattle WA Office (ArD_No.Et): (866) 283-7122 lac.No.): (847) 953-5390 1420 Fifth Avenue EMAIL �. Suite 1200 Ess: Seattle wA 98101-4030 USA PRO 10616550 y INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Allianz Global Risks u5 Insurance co. 35300 0 T-Mobile USA, Inc. INSURER B: p and its Affiliates & subsidiaries INSURERC: 12920 SE 38th Street INSURER D: Bellevue WA 98006 USA 114SURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 5TO0 22 72 5 3 90 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Site Number: LA02090A, Site Name: CM090 Fire Station, Site Address: 19711 Bushard St., Huntington Beach, CA 92646. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, m EXCLUSIO"9-ANP CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �+ N INSR TYPE OF t URANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS N LTR ATE(MWDDA-rM DATE(MW v A PROPERTY CLP OS Ol 2011 OS Ol 2012 BUILDING O n SES OF LOSS [)EDUCTIBLES PERSONAL PROPERTY ^ IC BUILDING B400INExxkra INCOME Expense BROAD 7�,q EXTRA EXPENSE W CONTENTS APPROVED AS TO ORM RENTAL VALUE X SPECIAL BLANKET BUILDING Z EARTHQUAKE JEWI FER McGRATJ,City Attongy BLANKET PERS PROP LU WIND FLOOD X BLANKET BLDG&PP $5,000,000 U. BUd B&PP Ded W V INLAND MARINE TYPE OF POLICY CAUSES OF LOSS POLICY NUMBER NAMED PERILS CRIME TYPE OF POLICY BOILER R MACHINERY I E01111PIAENT SITFAKDOV:: SPECIAL CONDITIONS I OTHER COVERAGES(Attach ACORD 101.Additional Remarks Schedule,if more space is required) All Risk Of Direct Physical LOSS Or Damage; Includes Property, BPP, BI, EE, Flood & Earth Movement; Replacement Cost - Property Damage; Actual LOSS Sustained - Time Element, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MATH THE POLICY PROVISIONS. The city of Huntington Beach its officers, Elected or Appointed Officials, Employees, Agents AUTHORIZED REPRESENTATIVE and volunteers 2000 Main Street 9L �lwt}1C✓ N12%,vit? 9JG _ Huntington Beach CA 92648 USA ©1995-2009 ACORD CORPORATION.All rights reserved. ACORD 24(2009/09) The ACORD name and logo are registered marks of ACORD Item 10. - 18 11B - 84- ATTACHMENT #4 MASTER COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND = wy PACIFIC BELL MOBILE SERVICES THIS MASTECOMMUNICATIONS SITE LEASE AGREEMENT[ "Lease" is entered into this .3= of An r-, 1996, by and between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION("Lessee")and THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION("Lessor"). The parties hereto agree as follows: - ARTICLE 1 -TERM OF LEASE Section 1.01 Premises Lessor owns the real property described in a)each Schedule("Schedule") executed hereunder by the parties, and b)Exhibit"A", attached hereto or referenced in each such Schedule. Subject to the following terms and conditions,Lessor leases to Lessee that portion of Lessor's Property ("Lessor's Property")depicted in Exhibit"B" of each Schedule(the"Premises"). Each Schedule executed hereunder shall be substantially in the form of Attachment 1. Section 1.02 Use The Premises may be used by Lessee for provision of a narrow-band, in the range of 1900 MHz, PCS mobiletwireless telecommunications services, including the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities. Section 1.03 Condition Precedent The installation, operation and maintenance of communications facilities on the Premises is subject to ail ordinances and regulations of general application now in effect or subsequently enacted including,but not limited to those concerning encroachment permits, business licenses, zoning and building. This lease is contingent upon Lessee or Lessee's assign obtaining all governmental permits and approvals enabling Lessee, or its assigns, to construct and operate mobile/wireless communications facilities on the Premises. Lessee agrees that any additions or new construction to the Premises previously permitted must be re-reviewed and approved by Lessor prior to the addition or construction taking place. Section 1.04 Term The term of the Lease for the Premises("Term") shall be for five(5)years commencing with the issuance of a local building permit allowing Lessee to construct its mobile/wireless communications facilities on the Premises, or-upon the Commencement Date as set forth in each Schedule, whichever is earlier. Unless otherwise agreed to in the applicable Schedule, Lessee shall have the right to extend the Term of the Lease for the Premises for five (5) additional terms ? 1 Item 10. - 2013: ge.T.bell l z B -186- 411196-##2 �� ("Renewal Term') of five(5)years each. Each Renewal Term shall be on the same terms and conditions set forth herein. The term of the Premises shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor or Lessor notifies Lessee in writing of either parry's intention not to extend at least thirty(30)days prior to the expiration of the original Term or Renewal Term. Section 1.05 Rent/Consideratiou (a) Upon the Commencement Date,Lessee shall pay Lessor, as rent,the sum of one thousand two hundred and fifty dollars($1,250)per month("Rent")for each individual Schedule. Rent shall be payable on the first day of each month,in advance, to Lessor at Lessor's address specified in Section 11.02,Notice. If the Commencement Date is other than the first day of a calendar month,Lessee may pay on the first day of the Team,the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter,Lessee shall pay a full month's Rem on the first day of each calendar month, except that payment shall be prorated for the final fractional month, or if a Schedule is terminated,before the expiration of any month for which Rent should have been paid. (b) For any Renewal Term,Lessee shall pay the then current Rent, increased by any percentage increase which occurred in the Consumer Price Index(All Items,Base 1982-84= 100) as published by the United States Department of Labor Bureau of Labor Statistics,for All Consumers for the Los Angeles, Anaheim,Riverside Metropolitan Statistical Area during the preceding five(5)year period, Such increase shall not exceed twenty-five percent(25%)of the Rem during any Renewal Term. ARTICLE 2-TAXES AND UTILITIES Section 2.01 Personal Property Tax Lessee shall pay before they become delinquent all tax assessments or other charges Dried or imposed by any government entity on Lessee's Facilities. If such taxes are not assessed separately to Lessee,Lessor shall provide Lessee with evidence,reasonably acceptable to Lessee, of such tax assessment and the amount due. Section 2.02 Real Property Taxes Lessee shall reimburse Lessor for that portion of any increase in real property taxes which is based upon Lessee's improvements to the Premises. As a condition of Lessee's obligation to pay such tax increase,Lessor shall provide to Lessee the documentation from the taxing authority, reasonably acceptable to Lessee,indicating the increase is due to Lessee's improvements. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a direct result of Lessee's improvements to Lessor's Property. As a condition of Lessee's obligation to pay such tax increases,Lessor shall provide to Lessee the documentation from the taxing authority reasonably acceptable to Lessee and showing that the increase is due to Lessee's improvements. C 11B -i 87- Item 10. - 21 SFb:PCD.AgmT&cboU AAA6.42 Section 2.03 Possessory Interest Tag By entering into this Lease, Lessor hereby gives notice to Lessee that pursuant to Revenue and Taxation Code §107.6,this Lease may create a possessory interest which, if created, may be subject to property taxation and that Lessee may be subject to payment of property taxes levied on such interest. Section 2.04 Utilities (a) Lessee shall pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities during the Term of this Lease, or any extension thereof, and for the removal of garbage and rubbish from Premises during the Term of this Lease, or any extension thereof. Lessee shall hold Lessor harmless from all charges. (b) Lessee shall have the right to install underground utilities, at Lessee's expense, and to improve the present utilities on or near the Premises and the installation of aboveground emergency back-up power. Subject to Lessor's approval of the locations,which approval shall not be unreasonably withheld, Lessee shall have the right to place underground utilities on Lessor's Properties in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute easement(s)evidencing this right. Where an easement is required beyond the lease hold area, Lessee shall compensate the Lessor for the easement rights. ARTICLE 3-IMPROVEMENTS AND ACCESS Section 3.01 Lessee's Facilities (a) Lessee shall have the right at any time following the full execution of this Lease to enter each of the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable)and other reasonably necessary tests (collectively "Tests")to determine the suitability of each of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities. During any Tests or pre-construction work, Lessee will have insurance as set forth in Section 5.03 Insurance, and will notify Lessor of any proposed Tests or pre-construction work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use,then Lessee will notify Lessor and the applicable Schedule will terminate thirty(30)days thereafter. (b) Lessee has the right to construct, maintain and operate on the Premises radio communications facilities,including radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines,radio frequency transmitting and receiving antennas and supporting structures and improvements("Lessee's Facilities"). In connection therewith,Lessee, after approval of the Lessor, through the appropriate permit or approval process, has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install underground utility lines and transmission lines connecting antennas to transmitters and receivers. Lessee shall permit Lessor, at no charge and through separate agreement with the Lessee, to attach equipment to the receiver or transmitter pole for Lessor's exclusive use so long as Lessor's equipment does not interfere with Lessee's Facilities. Lessee's approval of such attachments shall not be unreasonably withheld. C 1 3 Item 1n.r,-22-'#Z�ee:Pacbell 11B -118'8- i All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on or before the expiration or termination of the applicable Schedule; provided that Lessee shall repair any damage to the Premises caused by such removal and will leave the Premises in satisfactory condition as approved by the Lessor. Upon termination of this Lease,removal of poles where Lessor's equipment is installed shall occur only with Lessor's consent. In all other cases,Lessee shall be required to remove all its facilities, including foundations. (c) Lessor shall provide access to the Premises to Lessee, and its employees, agents, contractors and subcontractors, twenty-four(24)hours a day, seven(7) days a week or as designated in permit approvals, at no charge to Lessee. Lessor represents and warrants that it has - full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises. Lessee's exercise of such rights shall not cause undue inconvenience to Lessor. (d) Lessee shall, at its sole cost and expense, maintain and repair its Facilities. Lessor shall maintain all access roadways from the nearest public roadway to-the Premises in a manner sufficient to allow access. Lessor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways. If Lessee causes any such damage, it shall properly repair same as specified by Lessor. (e) Upon the expiration or termination of the applicable Schedule,Lessee shall surrender the Premises to Lessor in good and broom clean condition, less ordinary wear and tear, and as approved by the Lessor. Section 3.02 Liens (a) Lessee will not permit any mechanics' or materialmens'or other Liens to stand against the Premises for any labor or material furnished to Lessee in connection with work of any character performed on said Premises by or at the direction of Lessee. However,Lessee shall have the right to contest the validity or amount of any such lien but, upon the final determination- of such questions, shall immediately pay any adverse judgment rendered with.all prop"costs and charges and shall have the lien released at its own expense. If Lessee desires to contest any such lien, then prior to commencing such contest, it will furnish Lessor with a bond, if requested, to secure the payment of such obligation. (b) Lessor waives any lien rights it may have concerning the Lessee's Facilities. 4 SEts:PCD:Agm:Pacbe11 111_3 -l189- Item 10. - 23 4/1196-€/2 ARTICLE 4 - INTERFERENCE Section 4,01 Installation (a) During the installation of Lessee's Facilities, Lessee shall cooperate with the City of Huntington Beach's Public Safety Communication Systems Group which shall monitor the installation of Lessee's Facilities. (b) Lessee's Facilities shall not disturb the communications configurations equipment and frequency which exist on the Lessor's Property on the commencement date of operation of Lessee's Facilities. Lessee's operations shall not interfere with any of Lessor's communications operations on a city-wide basis, either current or future. All operations by Lessee shall be lawful and in compliance with all Federal Communications Commission ("FCC") requirements. Lessor shall not permit the use of any portion of Lessor's Property by any third party subsequent to the installation of Lessee's Facilities on the Premises which interferes in any way with the communications operation of Lessee, provided that if the third part's communications operation were installed prior to Lessee's Facilities, then Lessee's Facilities shall not interfere with the third parry's communications operations. (c) Subsequent to the installation of the Lessee's Facilities,Lessor and the Lessee shall notify the other party thirty(30)days prior of the use or installation of any equipment on Lessor's Property which may interfere with Lessee's or the Lessor's facility or its equipment. (d) If Lessor or.the Lessee breaches its obligations under this paragraph, the party breaching its obligations, upon receiving notice from the other party of any such breach shall take all steps necessary to correct and eliminate such interference. If the Lessee breaches its obligation, the Lessee shall without limitation modify its equipment and/or antennas or remove their equipment and/or antennas from any facilities or towers. If the Lessee cannot correct such harmful interference within fifteen(15)days,the Lessor shall have the right, in addition to any other rights that it might have at law or in equity, to terminate the applicable Schedule. Upon such termination, Lessor shall return any unearned Rent to Lessee. If the Lessor breaches its obligation, the Lessor shall without limitation, enforce provisions in any license or other agreement between Lessor and the persons or entities causing such harmful interference, pursuant to which Lessor may compel such persons or entities to cease operation, modify their equipment and/or antennas, or remove their equipment and/or antennas from any facilities or towers owned or leased and/or managed by Lessor on the Lessor's Property. If Lessor cannot correct such harmful interference within fifteen(15) days, Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to terminate the applicable Schedule. Upon such termination,Lessor shall return any unearned Rent to Lessee. 5 Item 10. - 24:D:Ag ee:Pacbell 11I3 .1 90- -i —6-42 ARTICLE 5-INDENINITY AND INSURANCE Section 5.01 Indemnification,Defense,Hold Harmless Lessee hereby agrees to protect, defend, indemnify and hold and save harmless Lessor, its . officers, and employees against any and all liability, claims,judgments, costs and demands, - however caused, including those resulting from death or injury to Lessee's employees and damage to Lessee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Lessee, including those arising from the passive concurrent negligence of Lessor, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of Lessor. Lessee will conduct all defense at its sole cost and expense. Lessor shall be reimbursed by Lessee for all costs or attorney's fees incurred by Lessor in enforcing this obligation. Section 5.02 Workers' Compensation Insurance (a) Pursuant to California Labor Code Section 1861, Lessee acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers'compensation;Lessee covenants that it will comply with such provisions as required. (b) Lessee shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence,One Hundred Thousand Dollars($100,000)bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to Lessor. (e) Lessee shall require all subcontractors to provide such Workers'Compensation Insurance for all of the subcontractors'employees. Lessee shall furnish to Lessor a certificate of insurance evidencing a waiver of subrogation under the terms of the Workers'Compensation Insurance and Lessee shall similarly require all subcontractors to waive subrogation. Section 5.03 Insurance Lessee shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, productslcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be. underwritten by insurance companies in forms satisfactory to Lessor for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the Lessor, its officers, agents and employees as Additional Insureds. Lessee shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars($1,000,000)combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage,Lessee shall immediately notify Lessor of any known depletion of limits. Lessee shall require its insurer to waive its subrogation rights against Lessor and agrees to provide certificates of insurance evidencing the same. 6 SF1s:PCD:Agree:Pacbe1) 11B -191- Item 10. - 25 4/1/96-#2 Section 5.04 Certificates of Insurance; Additional Insured Endorsement (a) Prior to commencing performance of the work hereunder, Lessee shall furnish to Lessor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30)days prior written notice to Lessor. Lessee shall maintain the foregoing insurance coverages in force until the work under this Lease is fully completed and accepted by Lessor. (b) The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of Lessor by Lessee under this Lease. Lessee shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. (c) A separate copy of the additional_ insured endorsement to each of Lessee's insurance policies, naming the Lessor,its officers and employees as Additional Insureds shall be _ provided to the City Attorney for approval prior to any payment hereunder. (d) Lessee shall have the right to self-insure with respect to any of the above insurance. Section 5.05 Waiver of Subrogation Lessor and Lessee release each.other and their respective principal, employees, representatives and agents, from any claims for damage to any person or to the Premises or to Lessee's Facilities thereon caused by, or result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by this Lease. ARTICLE 6-TERN.UNATION Section 6.01 Termination in the event of casualty or condemnation (a) In the event of any damage,destruction or condemnation of the Premises or any part thereof, which renders the Premises unusable or inoperable in Lessee's judgment,Lessee shall have the right, but not the obligation, to terminate the Lease with respect to the subject Premises by giving written notice to Lessor within thirty(30) days after such damage, destruction or condemnation, if by virtue of such casualty or condemnation the Premises are no Ionger adequate for Lessee to continue its operations or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60)days from the date of the damage. (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations on the Premises, the applicable Schedule shall terminate as of the date title to Lessor's Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. Lessee shall be entitled to share in the proceeds of any condemnation, and Lessee's share shall include the value of any improvements which are + 7 Item 10. - 26�#2gree:Pacbe11 III 19'2 transferred to the condemning authority, moving expenses, prepaid Rent and business dislocation expenses. Section 6.02 Termination Any Schedule hereunder may be terminated without further liability on thirty(30) days prior written notice as follows: (1)by either party upon a default of any covenant or term hereof by the other party,which default is not cured within sixty(60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10)days from receipt of notice;or(2)by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or(3)by Lessee if Lessee is unable to occupy and utilize the Premises due to any action of the FCC, including without limitation,a take back of channels or change in frequencies;or(4)by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitations, signal strength or interference. In addition, the five(5)years term is subject to termination by Lessor upon one hundred eighty (180) days written notice, if during the term hereof, the implementation of a revitalization plan affecting the Lessee's operation occurs. Lessee is hereby granted the right to participate in such revitalization process, and will be afforded the opportunity to continue to operate pursuant hereto so long as Lessee meets Lessor's reasonable requirements pursuant to such revitalization plan. ARTICLE 7 - ASSIGNMENT Section 7.01 Permitted Assignment Lessee may assign their Lease to any wholly owned affiliate of Lessee, or Lessee's parent. Any other assignment is prohibited without the prior written consent of Lessor, which consent not to be unreasonably withheld. Section 7.02. Abandonment by Lessee Should Lessee breach this Lease and abandon Premises prior to the expiration of the Term or any Renewal Term,Lessor may: (a) Continue this Lease-in effect by not terminating Lessee's right to possession of said Premises,in w ch event Lessor-shall be entitled to enforce all it,- rights and remedies under this Lease,including the right to recover the rent specified in this Lease as it becomes due under this Lease; or (b) Terminate this Lease and recover from Lessee: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination of the Lease; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided; R `v' SFs:PCD:Aggee:Pacbe11 11B -t 9 3- Item 10. - 27 4/1/96-#2 �-�' 6 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this Lease after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all detriment - proximately caused by Lessee's failure to perform his obligations under this Lease. Section 7.03. Default by Lessee Should Lessee default in the performance of any of the terms, conditions, or obligations contained in this Lease, Lessor may, in addition to the remedy specified in the subparagraph(b) of Section 7.02 of this Lease, re-enter and regain possession of Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 7.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or filing a petition in bankruptcy shall terminate this Lease and entitle Lessor to reenter and regain possession of Premises. Section 7.05 Cumulative Remedies The remedies given to Lessor in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease. Section 7.06 Waiver of Breach The waiver by Lessor of any breach by Lessee of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Leave. ARTICLE 8-TITLE AND QUIET ENJOYMENT (a) Lessor warrants that: (1)Lessor owns the Lessor's Property in fee simple and has rights of access thereto; (2)Lessor has full right to make this Lease; and (3)Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Lessor's Property; subject, nevertheless, to the terms and conditions of this Lease. Lessor is prepared to document its interests in the Lessor's Property. (b) Lessor warrants that the making of this Lease and the performance thereof will not violate any laws, ordinances, restrictive covenants, or the provision of any mortgage, lease, or other agreements under which Lessor is bound and which restricts the Lessor in any way with respect to the use or disposition of the Premises. 9 Item 10. - 2 gD:Zgree:Pacbell 1113 -1 4�=} (c) Lessee has the right to obtain a title report or commitment for a Ieasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises,Lessee shall have the right to terminate the applicable Schedule immediately upon written notice to Lessor. (d) Lessor agrees to obtain,for the benefit of Lessee, a Non-Disturbance Agreement from the present mortgagee(s)or holder of a deed of trust, and subsequent mortgagee(s) or holder of a deed of trust. In the event Lessor finances or refinances Lessor's Property, Lessor agrees to obtain from any lender a Non-Disturbance Agreement for the benefit of Lessee confirming that Lessee's right to quiet possession of the Premises during this Lease shall not be disturbed so long as Lessee has not defaulted under this Lease or the applicable Schedule. ARTICLE 9 -REPAIRS Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, or its employees, agents, contractors or subcontractors. ARTICLE 10 -ENVIRONMENTAL Section 10.01 Lessor's Representation of Premises Lessor represents that the Premises have not been used for the generation, storage,treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition,Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, polychlorinated biphenyls(PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the Premises unless specified in writing to the Lessee prior to signing a specific lease agreement. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease. Section 10.02 Lessee's Hazardous Materials Restrictions Lessee shall not use or store hazardous materials on site without written approval from the Lessor. if the use or storage-of hazardous materials is approved by the Lessor, the Lessee shah,be responsible for site testing and"all hazardous materials clean-up of the site from environmental damages caused by Lessee's use of such materials. ARTICLE 11 -MISCELLANEOUS Section 11.01 Force Majeure-Unavoidable Delays Should the performance of any act required by this Lease to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and 10 SYls:PCD:Agree:Pacbell It B -195- Item 10. - 29 4/1196-#2 performance of the act during the period of delay will be excused, provided, however,that nothing contained in this section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the party,Lessor or Lessee, required to perform the act. Section 11.02 Notice Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as follow: 4 TO CITY: TO LESSEE: CITY CLERK PACIFIC BELL MOBILE SERVICES CITY OF HUNTINGTON BEACH ATTN: CHARLES VRANEK,NETWORK j 2000 Main Street DEPLOYMENT MANAGER ' Huntington Beach, CA 92647 2955 REDHILL AVENUE, SUITE 100 COSTA MESA, CA 92626 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. Section 11.03 Compliance with Law Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities,both federal and state and county or municipal, relating to Lessee's use and occupancy of said premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Lessor and Lessee and shall be ground for termination of this Lease by Lessor. Section 11.04 Binding on Heirs and Successors This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Section 11.05 Partial Invalidity Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 11.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between Lessor and Lessee respecting Premises, the leasing of Premises to Lessee, or the lease term herein specified, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or, representations respecting Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void. Item 10. - 30-D-.AgmPadx11 11B -196- 411/Yb-112 Section 11.07 Time of Essence Time is expressly declared to be the essence of this Lease. Section 11.08 Governing Law This Lease shall be governed under the laws of the State of California. Section 11.09 Survival Terms and conditions of this Lease which by their sense and context survive the termination or expiration of this Lease, shall so survive. Section 11.10 Memorandum of Lease Upon request either party may require that a Memorandum of Lease for any Schedule be recorded in the form of Exhibit"C". 12 �- SF\s:PC D:Agee:Pacbell 3/29l96-42 113 _17_ Item 10. - 31 g l` IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the �� day of , 1996 at Huntington Beach, California. LESSEE: LESSOR: PACIFIC BELL MOBILE.SERVICES, CITY OF HUNTINGTON BEACH, A CALIFORNI CO ORZTTN A MUNICIPAL CORPORATION BY- Name: Charles Vranek Title: Network-Deployment Manager Mayor ATTEST: APPROVED AS TO FORM: r City Clerk poi City Attorney REVIEWED AND APPROVED: WTIATED ROVED: City Administrator nistrat r 1 STATE OF CALIFORNIA ) COUNTY Or On Apr►( 2, (`Iq(,> before me, D. Banks , personally appeared Charles Vranek, personally known to be )to be the person()whose name(*)is/afe-subscribed to the within instrument and acknowledged to me that he/sl}e4hey.executed the same in his/he4gteir authorized capacity(4es), and that by hisPR*pAheir signature(-,) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. JAY D.BANKS WITNESS my hand and official seal. CommWon#1075937 z f� z �� Notary Pubic—Coifomio Signature: J kJ. �( Orange County � V Comm.Exores Oct 22,1999 13 DA eeTa6ell Item 10. - 32_#2� 1113 -198- CALIFORNIA ALL-PURP®aPe ACKNOWLEDGMENT State of County of On aRFI Q before ate Name and-itte 6rofficer(e.g.,`Jane Doe,Notary Pubr personally appeared `)4- 4 � r Name(s)of Sigeer(s) C&personally known to me— on-the-basis-e#-satisfastaty-ev+deflse,-#o be the person(§1 whose name( +stare subscribed to the within instrument and acknowledged to me that hetsWthey executed the MAYBRICE L.JOHNSON same in Nsfheittheir authorized capacity(ies ,and that by Yw COMM. 991835 hmisAite#their signature(s�on the instrument the person(s), z =- = Notary Public—Cafffornia ..�,. �' A or the entity upon behalf of which the persons acted, GRANGE CouNW executed the instrument. MY Comnt.Expires MAY 11,1997 WITNESS my hand and official seal. Si nature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document .�- Title or Type of Document: O' /Q Q�� 0 /j2 Document Date: Number of Pages: .L� Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L&IXe ) Signer's Name:_ ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer 7itle(s): Tdle(s): ❑ Partner—❑ Limited ❑General ❑ Partner—.0-Limited ❑General ❑ Attomey-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ _ ❑ Trustee ❑�Guardian or Conservator - ❑ Guardian or Conservator R Other: Top of thumb here }her: Top of thumb here Signer Is Representing: Signer Is Representing: ©1994 National Notary Association•8238 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:C.^" 1113 -199- Item 10. - 33 Schedule 001 CM-089-11 SCHEDULE OF LEASED PROPERTY This Schedule number 001, effective April996,is governed by the terms and conditions of the Master Communications Site Lease Agreement entered into between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION and THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION on April,2!1996, dnd is incorporated herein by this reference. 1$ The Premises leased to Lessee under this Schedule is commonly known as the Huntington Beach Library located at 7111 Talbert Avenue,Huntington Beach, CA and is more specifically described in Exhibits A and B. The Commencement Date shall be May 1, 1996. LESSOR .LESSEE CITY OF HUNTINGTON BEACH, PACIFIC BELL MOBILE SERVICES, A.MUNICIPAL CORPORATION A CALIFORNIA CORPORATION By: By: (zq��J C � Name: lava��I/�va�, Name: Charles Vranek Title: MAjorc- Title:Network e loyment Manager_ Date: Date: q L STATE OF CALIFORNIA ) COUNTY OF ORANGE } On April 2,_1996 before me,Jay D.Banks, personally appeared Charles Vranek,personally known to me to be the person(&)whose name(s)is/efe subscribed to the within instrument and acknowledged to me that he/s#eAhey executed the same in his/herA64f authorized capacity0es),and that by his/hekheir signature( on the instrument the person(,or the entity upon behalf of which the person(-)acted,executed the instrument. WITNESS my hand and official seal. JAY D.BMKS QMY Commbslon107&J37 z Signature: � � m ary �_coubOrange County Comm.Expires Oct 22.1999 1 Item 10. - 34 11B -200- Schedule 001 CM-089-11 EXHIBIT A J LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: F 7111 Talbert Avenue Huntington Beach, CA 92648 APN: 111-010-58 All that real property located in the State of California, County of Orange,described as follows: PARCEL 1: - The West 20 acres of the Southwest quarter of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho Las Bolsas, partly in the Rancho La Bolsa Chica, as shown on a map recorded in book 51, page 13, Miscellaneous Maps, records of Orange County, California. EXCEPTING all oil, gas, asphaltum and other hydrocarbon substances and all other minerals, below a depth of 500 feet, without,however, the right of surface entry as reserved in the Deed from Lawrence P. Kraemer and wife, recorded January 22, 1964, in book 6893, page 95, Official Records. PARCEL 2: The Fast 10 acres of the West 30 acres of the Southwest quarter of the Southwest quarter of Section 26,Township 5 South, Range 11 West, San Bernardino Base and Meridian, partly in the Rancho Los Bolsas and partly in the Rancho Los Bolsas Chica, in the City of Huntington Beach, as shown on a map recorded in book 51, page 13, Miscellaneous Maps, records of said Orange County. Reserving unto the Grantors herein all oil, gas, hydrocarbon substances and other minerals within or underlying and which may be produced, extracted and saved from said land, provided, however, that the surface and 500 feet vertically in depth from the surface of said land shall not be used for the exploration, development, extraction or removal of said minerals or substances from said lard or other lands, as reserved in deeds recorded May 8, 1968, in book 8595, page 531 and 533 Official Records. PARCEL 3: That portion of the East 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in book 51, page 13 of Miscellaneous tifaps in the office of the County Recorder of said County, described as follows: Page 1 of 3 2 �t 1113 -201- Item 10. - 35 Schedule 001 CLI-089-1 1 EXHIBIT A Beginning at the Southwest corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; a thence North 89' 43' 00" West 751.00 feet along the Southerly line of said Southwest quarter being also the centerline of said Talbert Avenue; thence at right angles to said Southerly line North 000 17"00" Fast 50.00 feet to a point on the Northerly line of said Talbert Avenue, said point being the true point of beginning; thence continuing North 00* 17' 00" East 237.00 feet; thence South 89' 43' 00" East 157.00 feet parallel with said Southerly line; thence North 000 17' 00" East 265.00 feet; thence South 89' 43' 00" East f 145.00 feet-parallel with said Southerly tine; thence North 00' 17' 00" East 294.00 feet; thence North 890 43' 00" West 93.27 feet parallel with said Southerly line; thence South 42' 35' 07" West 125.94 feet; thence South 00° 17' 00" West 40.79 feet; thence North 89° 43' 00" West 30.00 feet parallel with said Southerly line; thence North 00° 17' 00" East 33.93 feet; thence North 890 43' 00" West 47.24 feet parallel with said Southerly line; thence North 00* 17' 00" East 199.55 feet; thence North 85° 51' 47" East 280.00 feet; thence North 61° 33' 33" East 170.00 feet; thence North 88° 54' 46" East 232.41 feet to a point in the Westerly line of said Gothard Street; thence North 00° 05' 00" East 265.06 feet along said Westerly line to a point in the Northerly line of said South half of the Southwest quarter of Section 26; thence North 89° 42' 00" West 951.22 feet along said Northerly line to the Westerly line of said East 30.00 acres; thence South 00" 05' 00" West 1269.73 feet along said Westerly line to a point in the Northerly line of said Talbert Avenue; thence South 89° 43' 00" Fast 240.39 feet along said Northerly line to the true point of beginning. EXCEPTING therefrom all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals whether similar to those herein specified or not within or that may be produced from said Parcel; provided, however that the surface of said parcel shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING the sole and exclusive right from time to time to drill and maintain wells or other works into or through said Parcel below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the Deed recorded February 11, 1972, in book 9998, page 389, Official Records. PARCEL 4: That portion of the East 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in book 51, page 13 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Page-" of 3 3 Item 10. - 36 11I3 -202- Schedule 001 CN1-089-1 1 EXHIBIT A Beginning at the Southwest corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; thence North 890 43' 00" West 751.00 feet to the true point of beginning; said point being in the centerline of said Talbert Avenue; thence at right angles North 0° 17' 00" Fast 50.00 feet; thence along the Northerly line of said Talbert Avenue North 89* 43' 00" West 240.39 feet to the Westerly line of said East 30 acres; thence Southerly along said last mentioned tine 50.00 feet to said centerline; thence Easterly along said centerline 240.39 feet to the true point of beginning. EXCEPTING therefrom, all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals, whether similar to those herein specified or not, within or that may be produced from said real property; provided, however, that the surface of said real property shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING, the sole and exclusive right from time to time to drill and maintain wells or other works into or through said real property below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the deed recorded January 1,.1973, in book 10501, page 536, Official Records. Pa,e 3 of 3 1 f1 I I B -20)- Item 10. - 37 CALIFORNIA ALL-PURPO;,G ACKNOWLEDGMENT State of County ofsi �/ Y On /ff, f�t before me, i ate Name and Title otSAicer(e.g.,"Jane Doe.Notary Publics .{ personally appeared Name(s)of Signer(s) 01 Wersonally known tome— sa isfactory a to be the person( whose nameLsj-isfare subscribed to the within instrument and acknowledged to me that4tefeheAhey executed the t same in hi6! their authorized capacity ies E�tBMCE L.totitvsov and that by z ; r. COMM.#�� ter,sA"their signatureUs on the instrument the person), No.oryPubtic—Cdffomio or the entity upon behalf of which the personW acted, ORANGECoUrTy executed the instrument. NV Comm.Expires MAY 11,1997 WITNESS my hand and official seal. i Signature&Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: -:q be Number of Pages: S Signer(s) Other Than Named Above: 1/JLa.r+a�e Capacity(ies) Claimed b,,,ynnSigner(s) Signer's Name:� .nnlJCSl�e� Signer's Name: ❑ Individual ❑ Individual c ❑ corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ ardian or Conservator ElGuardia or Conservator (3'Other. Top of thumb here CC�Othe f; [ � — Tap of thumb here Signer Is Representing: Signer Is Representing: 3ry Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1.8W-876-W7 Item 10. - 38 11 B -204- Schedule 002 CM-090-12 SCHEDULE OF LEASED PROPERTY 14 This Schedule number 002,effective April 1996, is governed by the terms and conditions of the Master Communications Site Lease Agreement entered into between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION and THE CITY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION on Apri1199b, and is incorporated herein by this reference. The Premises leased to Lessee under this Schedule is commonly known as a Fire Station located at 19711 Bushard Street,Huntington Beach,CA and is more specifically described in Exhibits A and B. a The Commencement Date shall be May 1, 1996. 51 LESSOR LESSEE CITY OF HUNTINGTON BEACH, PACIFIC BELL MOBILE SERVICES, A MUNICIPAL CORPORATION A CALIFORNIA CORPORATION By: //cam._ z.G� By: /'` �4- Name: Dave Su 1 i van Name: Charles Vranek Title: Mayor Title:Network Deployment Mana er Date: t2294 Date: W-Z— 49 r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On April 2, 1996 before me,Jay D.Banks,personally appeared Charles Vranek,personally known to me }to be the person(g)whose name(&)is/are subscribed to the within instrument and acknowledged to me that he/sheAhe5-executed the same in his/herAheir authorized capacity@"),and that by his/her,4keir signatures)on the instrument the person($),or the entity upon behalf of which the person(o)acted,executed the instrument. WITNESS my hand and official seal. Jn� .AV D.B1tNK$�� Signature: I�. Commtaallo—CUN 37 tZotary Public a6fon+b 0rcng9 Cottt* comm.94*0 Oct 2.199 1 - 11B -2205- Item 10. - 39 CouncillAgency Meeting Held:4stu. Ddferred/Continued to: Ud"Approved ❑ Conditionally Approved 0 Denied City Clerk's.Sig9ture Council Meeting Date: August 5, 1996 Department ID Number: CA 96-011 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONOVBLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: #qG*19j11;'H"utton, City Attorney PREPARED BY: �4ail Hutton, City Attorney SUBJECT: Pac-Bell Lease of Antenna Pole at Library Site ` �'12c . 44c-�3 Statement of Issue,Funding Source;Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmentls) Statement of Issue: The City Council previously approved a lease between the City and Pacific Bell Mobile Services for an antenna pole near the Central Library. A title search of the property revealed a HUD deed restriction on the property. Since the HUD program which placed the restrictions on the property has been repealed, the City Council is requested to adopt a resolution to authorize the City Clerk to record a Notice of Removal of Deed Restriction. Funding Source: Not applicable or necessary. Recommended Agtion: Authorize the City Clerk to record a Notice of Removal of Deed Restriction. '� Alternative Actionll: Do not adopt the resolution and leave a cloud on the title. 9EQUEST FOR COUNCIL AC AN MEETING-DATE: August 5, 1996 DEPARTMENT ID NUMBER: CA 96-011 Analysis: In 1971-72, the City obtained HUD funds pursuant to the Open Space Program of the Housing Act of 1961 to acquire portions of Central Park. In exchange, a deed restriction was placed on the property requiring HUD concurrence and authorization if the property was to be sold, leased or otherwise transferred. However, the Housing and Urban- Rural Recovery Act of 1983 repealed the use of HUD restrictions for land acquired under the Open Space Program. Therefore, in keeping with the referenced federal legislation, it is no longer necessary for the City to obtain HUD's concurrence in this matter or in other matters involving the deed restriction on this property. Environmental Status: Under § 15061(a) of California Environmental Quality Act ("CEQA"), a public agency shall determine whether a particular activity is exempt from CEQA. Under § 15061(b)(3) of CEQA, a possible exemption is that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the activity is the leasing of an antenna pole which can be seen with certainty that there is no significant effect on the environment and therefore this activity is subject to CEQA. Attachment(s): List attachment(s) below. City Clerk's Page • - No. Description Start Numbering 1 Copy of a letter from Herbert L. Roberts, Director, Office of Community Planning and Development for HUD _ A resolution adopting the recordation of Notice of Removal of Deed 2 Restriction with Exhibits °A" and "B " 96- (3 96-011.DOC -2- 07/09/96 11:18 AM page 6 - CouncillAncy Agenda - d8105196 (6) E-8. (City Council) Notice of Completion - Modification Of Three Traffic Signals CC-879 - De La Cruz Construction Inc. - Proiect Budget Increase - Accept improvements completed by De La Cruz Construction, Inc. on the modification of three traffic signals for a total project cost of$133,133.75, authorize an increase of $13,051 to the approved project budget and the supplemental limit for the project and authorize the City Clerk to file the Notice of Completion. Prepared by the Public Works Department [Approved 7-0] E-9. (City Council) Mobile Home Advisory Board Appointments Pica:Porter- Robinson-Shomaker-Caldwell-Cole-Kato-Novarro-Pollock - Approve the appointments of Eugene Pica, Mark Porter, Pauline Robison, and Jan Shomaker each to a three=year term to expire August 5, 1999, and appoint Don Caldwell, Sandra Cole, Steven Kato, Steve Novarro and Ken Pollock each to a one-year term to expire August 5, 1997. Prepared by the Economic Development Department [Approved 7-0] E-10. (City Council) Resolution 96-62-1996 Weed Abatement Costs (520.80) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT ON LOTS WITHIN THE CITY 1996 SEASON." and direct that all charges listed thereon be certified to the county 1996-97 tax roll. Prepared by the Public Works Department [Approved 7-0] E-11. (City Council) Resolution No. 96-63 - Pac-Bell Lease Of Antenna Pole At Library Site - Re-Recordation Of Deed With A Notice Of Removal Of HUD Deed Restriction - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE RE-RECORDATION OF DEED WITH A NOTICE OF REMOVAL OF DEED RESTRICTION." Prepared by the City Attorn,ey's Office [Approved 7-0] E-12. (City Council) Permission To Solicit Bids For Pier Plaza Proiect - CC-1029 - Approval Of Plans And Specifications - Approve the plans and specifications and authorize the Public Works director to solicit bids for construction of the Pier Plaza project, CC-1029, and approve the attached sample contract subject to award of contract to approved lowest responsible bidder. Prepared by the Public Works Department [Approved 7-0 (Trucks currently delivering on Pier- dangerous to children -- Community Services Director to see that enforcement done)] (6) (5) • 08/05/96 - Council/oncy Agenda - Page 5 r E-3. (City Council) Authorization To Join Amicus Curiae Brief- Parcel Tax Ordinance Thomas et al v. City Of East Palo et al. (630.50) - Authorize joining the amicus brief regarding class action suit against the City of East Palo Alto, challenging that its parcel tax ordinance is an unconstitutional, non-ad valorem property tax. The case is currently on appeal, and will decide whether parcel taxes must be considered "property" taxes governed by Article XIII, section 1 of the California Constitution. Prepared by the City Attorney's Office [DO NOT SUPPORT-- 3-2-2 (AYES --Garofalo, Sullivan, Dettloff) (NOES -- Bauer, Harman)(ABSENT-- Green, Leipzig)] E-4. (City Council) Authorization To Join In Amicus Curiae Brief Regarding Placement Of Measure Before Voters Without Pre-Election CE A Review - Lee v. City Of Lompoc (630.50) - Authorize joining the amicus brief relative to a question as to whether a City Council, in reliance on Guidelines Section 15378(b)(4) and cases such as Lee v. City of Lompoc, can place a measure before its voters for their approval without conducting a pre-election California Environmental Qualify Act (CEQA) review? Prepared by the City Attorney's Office [DO NOT SUPPORT-- 4-3 (AYES -- Sullivan, Dettloff, Green, Garofalo)(NOES -- Leipzig, Harman, Bauer)] E-5. (City Council) - Resolution No. 96-61 -Adopting Annual Auro riap tions Limit - (Gann Appropriation Limit) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 1996/97." Required by Article 13(B) of the California Constitution. Appropriation Limit of$271,664,286 for fiscal year 1996/97. Prepared by the Administrative Services Department [Adopted 7-01 E-6. (City Council) Amendment No. 1. - Professional Services Contract Between City And Gibbs Giden Locker And Acret For Legal Services - Peck Reservoir - Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with the firm of Gibbs, Giden, Locker and Acret to continue the services of outside counsel, Bill Locker, Esquire, for representation of the city in the Peck Reservoir Litigation. Prepared by the City Attorney's Office [Approved 7-01 E-7. (City Council] Acquisition Of Right-Of-Way Easement Deeds - Garfield Avenue Widening From Goldenwest To Main Street -_Carl Weaver- Pursuant To Holly Seacliff_Development Agreement - (Hansen RIW & Kemp -Approve and accept easement deeds and authorize the Mayor and City Clerk to execute deeds and the City Clerk to record with the Orange County Recorder. (AP No. 111-110-07, 10); Prepared by the Administrative Services Department [Approved 6-1 (Harman -- ABSTAIN)] (5) s ZUENro U.S. Depapment of Housing and Urban Development „ Pacific/Hawaii Los Angeles Area Office IIII� , 1615 west Olympic Boulevard Los Angeles, California 90015-3801 Mr. Scott F. Field .. - Deputy City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Field: Subject: City of Huntington Beach Memorandum of Lease This is in response to your letter dated May 20, 1996, regarding HUD approval of a Memorandum of Lease between the City of Huntington Beach and Pacific Bell Mobile Services to locate an antenna pole near the Central Library. Under the original grant agreement, the property involved was subject to deed restrictions enacted pursuant to the HUD Open Space Program authorized by Title VII of the Housing Act of 1961. The Deed restrictions required HUD concurrence if the property was to be sold, leased or otherwise transferred. However, Section- 126 (b) (3) of the Housing and Urban-Rural Recovery Act of 1983 repealed the use of HUD restrictions for land acquired under the Open Space Program. Consequently, we have no legal objections to the lease between the City of Huntington Beach and Pacific Bell Mobile Services. Also, in keeping with the referenced federal legislation, it is no longer necessary for the City to obtain HUD's concurrence in this matter or in other matters involving the deed restrictions on this property. If you have any questions, please contact Maryann E. Soos, Community Planning and Development Representative, at (213) 251-7268. Very sincerely yours, HerY e'rt L. Roberts vDirector, Office of Community Planning and Development, 9DD Ilk PACIFIC BELL �i.:;•n.CO.Ac-mia 921;zo Mobile Services C'erlifred,Vail Return Receipt Requested April 1998 City of Huntington Beach x c/o City Clerk , 2000 Main Street, Sth Floor Huntington Beach, CA 92648 70 rl Re: Communications Site Lease Agreement - CM-090-12 C-; Dear Lessor: ' s n g 0 Pacific Bell Mobile Services (PBMS) would like take this opportunity to thank you for Your continued support of our Pure Digital Personal Communications Services (PCS). PBMS has been able to construct a pure digital wireless telephone network that offers superior voice quality, unsurpassed clarity and many advanced features such as alpha numeric paging and voice messaging in record time. 'Ve have been able to reach our goals largely due to the partnering of quality landlords such as yourself. To better serve you, PBMS is pleased to announce the opening of our Los Angeles Regional Office. Pursuant to the Communications Site Lease Agreement dated April 9, 1996 (the "Lease") this letter shall serve as notice that the address for any notice or demand required to given under the Lease shall be as follows: Pacific Bell Mobile Services 2521 Michelle Drive, 2°d Floor Tustin, CA 92780 Attn: Property Management Telephone: (800) 355-1802 Fax: (800) 394-9242 E-Mail: propertvrpacbell.mobile.com We look forward to a long and prosperous relationship. if you should have any questions or concerns, please do not hesitate to contact our Property Management Department at the number provided above. Sincerely, - - Charles J. Vranek '�� C r _�� ✓ T] I'� Vice President, Network Los Angeles Region &Z7 r� r WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO UPDATE OUR FILES Please fill in the information requested below and return by mail or facsimile. Owner Name and Address: Contact Information Name: Phone number: Emergency Contact Name: Emergency Phone Number: Fax number: Any other pertinent information: Thank you for your assistance in keeping our records accurate. PBMnSS Reference#: CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 01i e"ll TO: Q5- a ATTENTION: `/O ye - ' Nam / /� e.cr%e le-0DEPARTMENT:�PIl�P��121-2i/I/cJ- D�7 ,�/,Z5%2 2226 el 5?4 og,�V REGARDING: 12,/e,6 /eP 04,f" Ciry,scan,zip 2&:det' S See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remar : Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed = Other CC: Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept, Insurance Received by Name- Company Name- Date GTollowupkoverltr (Telephone:714-536-6227) SBACH November 8, 1997 City of Huntington Beach Attn: City Clerk 2000 Main Street Huntington Beach, CA 92647 Re: Schedule 002 Master Communications Site Lease Agreement - CM-090-12 Dear Lessor: Enclosed please find two (2) final Exhibit B documents. This Exhibit B provides a clear and more accurate depiction of Pacific Bell Mobile Services (PBMS) antenna facility in relation to your property and replaces the Exhibit B currently in Schedule 002 to the Master Communications Site Lease Agreement. Please have the Mayor initial the lower right corner of each page indicating approval. Retain one:(1)"66py for your.records and return-the-remaining-copy=to-my.affice. I am enclosing a self addressed, prepaid return envelope for your convenience. Your prompt attention in returning the enclosed documents is greatly appreciated. C }7 a�'•-ten ;. If you have any questions or concerns please contact Michael F. McNamara, Site U, r" VK Acquisition Consultant, at(714) 825-8074. ' x Sincerely, yce Macy Lease Administration SBA, Inc. An Independent Contractor Representing PBMS Enclosures JM/taj cc: file SBA, Inc.ci 1955 Aedhili Avenue Q Suite 100 z (osta Hesi, 0 92626 cw Fax (114) 825-8010 au www.sbasitemm � 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HUNTINOTON BEACH TO: Mike Dolder Fire Chief FROM: Connie Brockway 03 City Clerk DATE: November 18, 1997 SUBJECT: FINAL EXHIBIT B—DOCUMENTS FOR SCHEDULE 002 MASTER COMMUNICATIONS SITE LEASE AGREEMENT Attached are two ORIGINAL final Exhibit B documents in connection with the Master Lease previously approved by the City Council. Pacific Bell requests the initials of the Mayor to confirm acceptance. I have attached a copy of the 002 Master Lease. I believe this must be approved by the City Council. Will you please prepare an RCA for the 1211197 Council meeting agenda (Consent Calendar item). Formal Council approval will provide documentation of each Council action on this lease. Also, the Mayor is not authorized to put his initials in the place of Council action. Please call me regarding whether or not December 1 is an acceptable date for the scheduling of this item. Thank you. CB:cjg Attachments: Original letter dated 1118197 from SBA, Inc. to the City Clerk Regarding Schedule 002 Master Communications Site Lease Agreement CD-090-12 Two Original Exhibit B Documents Copy of Master Communications Site Lease Agreement between the City of Huntington Beach and Pacific Bell Mobile Services cbmemos197-134cg ClA� �t4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HU.WrINGTON BEACH TO: Fire Chief Dolder FROM: Connie Brockway City Clerk DATE: February 5, 1998 SUBJECT: FINAL EXHIBIT B- DOCUMENTS FOR SCHEDULE 002 MASTER COMMUNICATIONS SITE LEASE AGREEMENT Please inform me as to the date you plan to present these documents to Council so that the Exhibit of SBA Company can replace the original exhibit that was approved by the City Council. FEB03 la Attachments cbmems/98-18ic,doc RECEIVED C11Y CLERK cl`Y OF CITY OF HUNTINGTON BEACIP.WTtNCTak BEACH-CALIF. iNTER-DEPARTMENT COMMUNICATION FEB 9 04 AN 198 • HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Gail Hutton, City Attorney DATE: February 20, 1998 SUBJECT: Schedule II for PCS Wireless Communications Antenna located at Bushard Street Fire Station, pursuant to Master Communications Site Lease Agreement between City and Pacific Bell Mobile Services The Fire Department has asked our assistance in clarifying the implementation procedures for the Master Communications Site Lease Agreement between the City and Pacific Bell Mobile Services. On April 15, 1996, the City approved a Master Communications Site Lease Agreement between the City and Pacific Bell Mobile Services. Pursuant to the standardized terms of this Master Agreement, the City and Pacific Bell Mobile Services could enter into individual site leases to install PCS antennas on various City properties. ti Also at the April 1996 meeting, the Council approved Lease Schedules 1 and 2, which authorized antennas at the Bushard Fire Station and at the Central Library. They further authorized the Mayor to sign these two Schedules. Any additional schedules for additional locations would have to come back to the City Council. In the documentation presented to the Council for the Bushard Fire Station lease, the Schedule indicated that the site plan, identified as Exhibit B to the Schedule, was to be replaced by a property survey. The property survey would be substituted in place of the preliminary site plan "when initialed by lessor." Attached please find a copy of the property survey. Colleen Keith of the Fire Department has reviewed the survey and found it to be accurate. At this time, we would request that you arrange for the Mayor to initial the site plan pages and then attach them to the schedule as the final version of Exhibit B. We do not believe it is necessary to present the new exhibits to the City Council for approval as the survey process was approved as part of the April 1996 Council action. Gail Hutt City Attorney Attachment: Property Survey c: Colleen Keith 1 S r/s:S r-98Memos:Clcrk219 2/20/98-#2 CounciilAgency Meeting Held: 5 Deferred/Continued to: eApproved P Conditionally Approved ❑ Denied 0 City Clerk's Si re 6- Council Meeting Date: 09/03/96 Department ID-Number: FD 96-012 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adm' r C�� PREPARED BY: MICHAEL P. DOLDER, Fire Chief SUBJECT: MODIFICATION OF PACIFIC ELL MOBILE SERVICES RENT PAYMENT LOCATION Statement of Issue,Funding Source,Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: The master lease agreement between the City of Huntington Beach and Pacific Bell Mobile Services (PBMS) instructs PBMS to make lease payments directly to the City Clerk's office. The City Clerk has to forward the payment checks to Accounts Receivable. For expeditious processing, the City has asked PBMS to issue monthly lease payments to the attention of Accounts Receivable rather than to the City Clerk's office, and to include the appropriate account number on the payment check for easier tracking. PBMS is agreeable to the changes, however, they are requesting a formal authorization from the City to change procedures. Funding Source: No funding source is required. Recommended Action: By motion, authorize the Mayor to sign a letter (Attachment 1) authorizing Pacific Bell Mobile Services to make payments for wireless facilities to the City of Huntington Beach, Attention: Accounts Receivable. Alternative Action(s): Do not make the amendment and continue to process lease payments through the City Clerk's office. Analysis: None. c ry Environmental Status: None. =- T r L- C4) REQUEST FOR ACTIOP teeting Date: 09/03/96 SUBJECT: MODIFICATION OF PACIFIC BELL MOBILE SERVICES MASTER LEASE AGREEMENT FD 96-012 Attachment(s): City Clerk's Page Number 1. Letter of authorization from the Mayor. Document3 .2. 08122/96 8:29 AM .ems• �r�,t- City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE MAYOR Telephone(714)536-5553 September 4, 1996 Ms. Barbara Hendricks Pacific Bell Mobile Services 4420 Rosewood Drive Building 2, Second Floor Pleasanton, CA 94588 RE: MONTHLY LEASE PAYMENTS FOR PACIFIC BELL MOBILE SERVICES Dear Ms. Hendricks: This letter authorizes Pacific Bell Mobile Services to make monthly lease payments for approved communications sites in Huntington Beach directly to the City of Huntington Beach, Accounts Receivable, 2000 Main Street, Huntington Beach, CA 92648. This will facilitate the receipt of the lease payments. It is also required that the appropriate account numbers continue to appear on the lease payment checks. The accounts are as listed below: ACCOUNT # SITE ADDRESS RAA536-LS391 Huntington Beach Central Library 7711 Talbert Avenue RAA536-FR302 Huntington Beach Fire Station #3 19711 Bushard Street Any further address changes for payment of the lease may be authorized by Michael T. Uberauga, City Administrator, on my behalf. Your cooperation in this matter is appreciated. Sincerely, Dave Sullivan Mayor DSIMPDIsg wpacbell Anjo,Japan SISTER CITIES Nrti. "/.V:=1M14I f Council/Agency Meeting Held: Deferred/Continued to: proved ❑ C_gnditionally Approved. ❑ enied ity Clerk's Si nature Council Meeting Date: 04/15/96 Department ID Number: FD 96-004 CA%&I REQUEST FOR COUNCIL ACTION 7-a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr PREPARED BY: MICHAEL P. DOWER, Fire ChieV/ MELANIE FALLON, Director of Community Develo n ROBERT J. FRANZ, Deputy City Administrator SUBJECT: EICENS T C' wrf/Z r i Statement of Issue,Funding Source,Recommended Action, Alternative Action, Analysis, Environmental status, Attachment(s) Statement of Issue: Pacific Bell Mobile Services (PBMS) is seeking to tease a portion of public properties located at the Central Library and Fire Station 3 - Bushard for the installation of Personal Communication System (PCS) facilities. The proposed PCS facility at the Central Library has been reviewed and approved by the Design Review Board with conditions. The proposed PCS facility at Fire Station 3 - Bushard is currently in the submittal stages. Council approval is required to execute a Master Communications Site Lease Agreement. Funding Source: Under the lease terms, Pacific Bell Mobile ,Services assumes all responsibility for any costs associated with the installation, maintenance and liability of their facilities. Each site leased would generate $15,000 a year in revenue to the City. Recommended Action: By Motion, authorize the Mayor to execute a Master Communications Site Lease Agreement between the City of Huntington Beach and Pacific Bell Mobile Services allowing the installation of PCS facilities at the Central Library and Fire Station 3 - Bushard, subject to the receipt of all required permits and approvals. Alternative Action(s): 1) Do not approve the Master Communications Site Lease Agreement. 2) Direct staff to revise the lease agreement and reconsider at a future date. . r 0 { ' REQUEST FOR COUNCIL ACTION ating Date: 04/15/96 SUBJECT: LICENSE AGREEMENT FD 96-004 Analysis: New technology and the Federal Government's release and licensing of various radio frequencies have created diverse wireless communications opportunities. The most familiar wireless communications system is the cellular phone. FCC approvals have been given for a new technology called Personal Communication Services (PCS) which-expands cellular services and provides a more advanced and more cost-effective system. Like cellular, the PCS system uses wireless access. However, PCS has higher security, smaller cell size, greater affordability and allows greater mobility through the use of a single phone number that follows an individual regardless of location. Perspective PCS and cellular operators have been contacting the City to install wireless communication towers throughout the City in order to complete a County-wide and State-wide wireless network. Antenna sites are being located on both public and private properties throughout the State. In order to better evaluate, coordinate, negotiate, insure consistency in agreements and maximize revenue opportunities, the City Administrator established a City Wireless Coordination Team headed by the Fire Chief. The Wireless Coordination Team, which included representatives from all City departments, developed a coordinated listing of requesting companies and sites being considered. In addition to establishing a competitive lease price, the team determined that a Master Communication's Site Lease Agreement was necessary to serve as the basis for discussing and processing all wireless applications. Also, the Master Communications Site Lease Agreement should be developed requiring that all conditions, development approvals and building permits are completed or issued prior to site development. As a result, the City Attorney's Office drafted a Master Communications Site Lease Agreement for use with any wireless installation. The pending Master Communications Site Lease Agreement, Attachment 1, between the City and Pacific Bell Mobile Services utilizes the master lease concept. The lease is constructed so that future sites can be added through the attachment of a Schedule of Leased Property which would include the appropriate site descriptions and development conditions. PCS technology allows a wide variety of cell sites which consist of antennas and electronic switching equipment. Technical background material on wireless communication is found in Attachment 2. Three (3) main types of antennas are used by PCS sites and include: • Omnidirectional antennas, also called whip antennas, which are typically up to 16 feet in length and 2 inches in diameter. • Directional antennas, also known as panel or rectangular antennas which are panels ranging in size from 1 foot by 1 foot to 1 foot by 4 feet. • Microwave antennas which are dishes that range in size from 2 feet in diameter to 4 feet in diameter. FD96-004.DOC -2- 04/02/96 11:37 AM AtREQUEST FOR COUNCIL CTION Ming Date: 04/15/96 SUBJECT: LICENSE AGREEMENT FD 96-004 The proposed PCS installation at the Central Library has been reviewed and approved with findings and conditions by the Design Review Board at their December 14, 1995 meeting, Attachment 3. The DRB reviewed the colors, materials, and design for the location of cellular antennas and a transceiver station to the exterior of the Central Library building. The PCS facility consists of six (6) antenna arrays grouped in three (3) sectors and Base Transceiver System (BTS) units. The antenna arrays are approximately 60 inches high, eight inches wide, and four inches deep. Two (2) antennas each will be mounted on the west, north and east building parapets. Two (2) BTS units will be mounted on the roof and will not be seen from street view. The facility will provide 24 hour service to PCS users seven days a week. Routine maintenance is expected to occur once a month during regular business hours. The facility operates quietly and/or noise: free. The equipment does not emit fumes, smoke, or odors. It will operate in full compliance with US standards for radio emissions. Low energy, non-ionizing emissions are produced and are not a threat to public health. The conditions approved by the DRB are as follows: 1. All antennas mounted to the outside of the roof top parapet wall shall be colored and textured to match the existing parapet wall. Such antennas shall not extend above the parapet wall height. 2. All equipment located inside the parapet wall shall be colored to match the existing roof. The Fire Station 3 - Bushard site, which will consist of a monopole antenna, will be reviewed by the Design Review Board after this Master Communications Site Lease Agreement has been executed. The Fire Station 3 - Bushard site proposal removes an existing emergency siren monopole and replaces it with a new monopole that will accommodate antennas and a new emergency warning siren. The cost of the installation and siren replacement will be paid for by Pacific Bell Mobile Services. Fiscal impacts: The Master Communications Site Lease Agreement provides for a monthly rent of $1,250 for each site for a period of five (5) years for up to five (5) renewable terms. Either party can cancel the lease with at least thirty (30) days written notice prior to the expiration of the original term or renewal terms. Rent for renewable terms will increase by any percentage increase in the Consumer Price Index as specified in the lease. At least two (2) other companies are interested in constructing cell sites on City-owned property. Master Communications Lease Agreements with these companies will be presented for Council consideration after negotiations are completed. Staff is developing a listing of available City properties that are marketable as potential cell sites. FD96-004.DOC -3, 0410219611:37 AM REQUEST FOR COUNCIRCTION feting Date: 04/16/96 SUBJECT: LICENSE AGREEMENT FD 96-004 Environmental Status: The Central Library project is categorically exempt pursuant to Class 1, Section 15301, Existing Facilities, of the California Environmental Quality Act. Attachment(s): City Clerk's Page Number .......... Master Communications Site Lease Agreement between the City of ............ . ... .......... Huntington Beach and Pacific Bell Mobile Services. . . . . . . . . . . . .. . . . . . . . . ... .... . . . . . . . . 2. Certificate of Insurance. 3. Design Review Board Minutes. 4. Wireless Communication Technical Background. FD96-004.DOC -4- 04102196 417 PM J� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON BEACH TO: Fire Chief, Michael Dolder Robert Franz, Deputy City Administrative FROM. Connie Brockway, City Clerk SUBJECT. Master Communications Agreement - Pacific Bell - Letter from Pacific Bell Re: Payment DATE: May 31, 1996 Enclosed is a copy of the above referra�agreement. The City Clerk will file original in the vault. Please note that Pacific Bills letter of 5/28/96 refers to he first monthly checks having been sent to the-City Clerk attention. received two checks May 31,1996, each checks in the amount of $1,250.00. These payments should not be sent to the Office of the City Clerk. Please inform Pacific Bell where they should mail payments and correspondence. Attachments: Letter dated 5/28/96 from Pacific Bell lease agreement. Two checks from Pacific Bell. 96-067cdmem. flCITY OF HUNTINGTON BEACH 2000 MAIN STREETCALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 2, 1996 Gary L.Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, California 92702 Enclosed please find myo Memorandums Of Lease to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please conform the enclosed copies of the memorandums and return to this office in the enclosed self-addressed stamped envelope. Connie Brock-way, CMMMC City Clerk Enclosures g:lfoltouup deedltr Receivcd gafollo.;vp deedltr Pacbel/jc (Telephone: 714.536.5227) [ 4 RECORDING REQUESTED: Recorded in the county of orange, callfornia WHEN RECORDED, RETURN TO: II Gary L.11 Granville, clerk/Recorder 11111 Jill!1filllil No Fee CONNIE BROCKNVAY,CITY CLERK 9960516765 11 :33dm 10/10/96 CITY OF HUNTINGTO 005 16002617 16 17 BEACH 02 6 7.00 7 00 0.00 0.00 0.00 0.00 P. O. BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 This doc=ont 1z scla y for the Tax-Exempt-Government Agency -City CITY OF HUNTINGTON BEACH of H1 t. ._ - '►. CO. Plate"". i,:. Code Sec. 6103 and should be recordbd froa of shame. Deputy City Clerk M ORANDUM OF LEASE 6 . zr� THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of is `L .1996, by and between THE CITY OF HUNTINGTON BEACH, A MUNICIPAL N CORPORATION ("Lessor") and PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION ("Lessee"). RECITALS WHEREAS, Lessor and Lessee have executed that certain Master Communications Site Lease Agreement("Lease") dated as of April.18, 1996, and Schedule No. 001 pursuant to that Lease, covering certain premises ("Premises") situated on certain real property located in the City of Huntington Beach, County of Orange, State of California, and more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, Lessor and Lessee desire to record notice of the Lease covered by such Schedule, in the Official Records of Orange County,California; NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows: 1. Demise. Lessor has leased the Premises to Lessee (together with access rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Lease. 2. Expiration Date. The term of the Lease ("Term") is scheduled to commence on or before May 1 ,1996 and shall expire five (5) years thereafter, subject certain options too vw r—. extend the Term pursuant to the Lease. N oo/ /I�1—•"WJ / 3. Lease Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Lease. In the event of conflict between the terms of the Lease and this Memorandum, the terms of the Lease shall control. IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease as-of the date and year first written above. LESSOR CITY OF HUNTINGTON BEACH A muni ' al corporation of the State of California By: Name: Dave Sullivan Title: Mayor By: Gdansk- c.�� Name: Connie Brockway Title: City Clerk LESSEE PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION By: _C42141 Name: Charles Vranek Title: Network Deployment Manager [ACKNOWLEDGMENTS FOLLOW] z MAYBRICE 1..JOHN ON COMM,#991835 z ?�� Notary Pubic—California ORANGE COUNT ' My Comm.Expires MAY 11. 1997 STATE OF CALIFORNIA ) COUNTY OFGof .,�.r ) On ,,.�„ l 0,0 1996 before me, , personally appeared , personally kno n to me -me on the to be the person) whose names}4sJare subscribed to the within instrument and acknowledged to me that heAWwlthey executed the same in ifivherAheir authorized capacity ies , and that by lisil}erftheir signatures(s) on the instrument the personUs, or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal.. MAYBRICE!.JON!d� 1 4 0.4 Signature: z " { �OuS c' CoV r ;= R'o,ar P 1 —Ca!ifcrn.a ORANGE COUNTY My Comm.Expires MAY 11.1997 STATE OF CALIFORNIA } COUNTY OF Ot-,2-nQ-e� _ ) On before me, _jQ4U_e +f'7�riy1> s , personally appeared personally known to me (mod-to-me-e3rtke enG4 to be the person(s) whose names(&-) ishff&subscribed to the within instrument and.acknowledged to me that hey executed the same in hisAKTAheir authorized capacity(iett), and that by hisAxTfdzeir signatures(s) on the instrument the person(-&), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. .1ovcE a.1HOMaS COmmission 01Q?�81 Z S1gna LL Notary Public—'California Orange County My Comm.Expires Oct 22,1999 STATE OF CALIFORNIA ) COUNTY OF .d� ) On e /4)96 _ before me, , personally appeared personally kno to me to be the persons whose namesUs} i4are subscribed to the within instrument and acknowledged to me that hekAielthey executed the same in4isfiterltheir authorized capacity ies , and that by hisAtet4their signaturesLs,) on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. MAYBMCU L.JOHNSON COMM.#991&35 Notary Public—California ORANGE COUNTY Signature: My Comm. MAY 11,1997 3 4/30196 EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: 7111 Talbert Avenue Huntington Beach, CA 92648 APN: 111-010-58 All that real property located in the State of California, County of Orange, described as follows: PARCEL 1: The West 20 acres of the Southwest quarter of the Southwest quarter of Section 26, Township 5 South, Range I I West, partly in the Rancho Las Bolsas, partly in the Rancho La Bolsa Chica, as shown on a map recorded in book 51, page 13;Miscellaneous Maps, records of Orange County, California. EXCEPTLNIG all oil, gas, asphaltum and other hydrocarbon substances and all other minerals, below a depth of 500 fat, without,however, the right of surface entry as reserved in the Deed from Lawrence P. Kraemer and wife, recorded January 22, 1964, in book 6893, page 95, Official Records. PARCEL2: The East 10 acres of the West 30 acres of the Southwest quarter of the Southwest quarter of Section 26, Township 5 South, Range 11 West, San Bernardino Base and Meridian, partly in the Rancho Los Bolsas and partly in the Rancho Las Bolsas Chica, in the City of Huntington Beach, as shown on a map recorded in book 51, page 13, Miscellaneous Maps, records of said Orange County. Reserving unto the Grantors herein all oil, gas, hydrocarbon substances and other minerals within or underlying and which may be produced, extracted and saved from said land, provided, however, that the surface and 500 fat vertically in depth from the surface of said land shall not be used for the exploration, development, extraction or removal of said minerals or substances frorri said land or other lands, as reserved in deeds recorded May 8, 1968, in book 8595, page 531 and 533 Official Records. PARCEL 3: That portion of the East 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in book 5l, page 13 of :Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map Filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; thence North 89° 43' 00" West 751.00 feet along the Southerly line of said Southwest quarter being also the centerline of said Talbert Avenue: thence at right angles to said Southerly line North 000 iT 00" Fast 50.00 feet to a point on the Northerly fine of said Talbert Avenue, said point being the true point of beginning: thence continuing North 00° Page I of 3 r r i ' a EXHIBIT A 17' 00" Fast 237.00 feet; thence South 89° 43' 00" East 157.00 feet parallel with said Southerly line; thence North 00' 17' 00" East 265.00 feet; thence South 89° 43' 00" East 145.00 feet parallel with said Southerly line; thence North 00° 17' 00" Fast 294.00 feet; thence North 89° 43' 00" West 93.27 feet parallel with said Southerly line; thence South 42" 35' 07" West 125.94 feet; thence South 000 17' 00" West 40.79 feet; thence North 89° 43' 00" West 30.00 feet parallel with said Southerly line; thence North 000 17' 00" East 33.93 feet; thence North 890 43' 00" West 47.24 feet parallel with said Southerly line; thence North 00° 17' 00" East 199.55 feet; thence North 85° 51' 47" Fast 280.00 feet; thence North 610 33' 33" East 170.00 feet; thence North 880 54' 46" Fast 232.41 feet to a point in the Westerly line of said Gothard Street; thence North 00° 05' 00" East 265.06 feet along said Westerly line to a point in the Northerly line of said South half of the Southwest quarter of Section 26; thence North 890 42' 00" West 951.22 feet along said Northerly line to the Westerly line of said East 30.00 acres; thence South 000 05' 00" West 1269.73 feet along said Westerly line to a point in the Northerly line of said Talbert Avenue; thence South 89° 43' 00" East 240.39 feet along said Northerly litre to the true point of beginning. EXCEPTING therefrom all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals whether similar to those herein specified or not within or that may be produced from said Parcel; provided, however that the surface of said parcel shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING the sole and exclusive right from time to time to drill and maintain wells or other works into or through said Parcel below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the Deed recorded February 11, 1972, in book 9998, page 389, Official Records. PARCEL 4: That portion of the East 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho La Balsa Chica and partly in the Rancho Las Bolsas, in [he City of Huntington Beach, County of Orange. State of California, as per map recorded in book 51, page 13 of Miscellaneous daps, in the office of the County Recorder of said County, described as fa[low&: Beginning at the Southwest comer of he Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; thence North 89° 43' 00" West 751.00 feet to the true point of beginning; said point being in the centerline of said Talbert Avenue; thence at right angles North 0° 17' 00" Fast 50M feet; thence along the Northerly line of said Ta!bert avenue North 89' 43' 00" West 240.39 feet to the Westerly line of said East 30 acres; thence Southerly along said last mentioned line 50.00 feet to said centerline; thence Easterly along said centerline 240.39 feet to the true point of beginning. A Page 2 of 3 J r EXHIBIT A � r l4 EXCEPTING therefrom, all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals, whether similar to those herein specified or not, within or that may be produced from said rral property; provided, however, that the surface of said real property shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING, the sole and exclusive right from time to time to drill and maintain wells or other works into or through said real property below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the deed recorded 7anuary 1, 1973, in book 10501, page-536, Official Records. Page 3 of 3 `� Sfp•Ip cy G�cF, IpSs�� • p6 RECORDING REQUESTED: zf3�: I've, Recorded in the county of orange, California Gary+L. I�11'lIlIlIi l�l!��;lIi G.rlaInvIIIiIlle, clerk/Recorder NO;+�"I!t�+ !!!I hii i iiii 1 � FeeWHEN RECORDED, RETURN TO: ��ss�5�srsr 11:34am i�/10/96 005 16002617 16 17 CONNIE BROCKWAY,CITY CLERK L02 4 7.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH P. O. BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 This document is :solely for the Tax-Exempt-GGvernrnent Agency Official '-rm,pes" of the City CITY OF HUNTINGTON BEACH tiT .Hu„t�r..`otl r. 'I, tis. contem- . -:ent Code . sec. 6103 'aiid shop»Id be recorded $y;,.- .. . free of charge. JIDeputy City Clerk MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of Ivry- U e ( g A 1996, by and between-THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION ("Lessor") and PACIFIC BELL MOBILE SERVICES, A CALIFORNIA f" CORPORATION ("Lessee"). RECITALS PJ r--moo WHEREAS, Lessor and Lessee have executed that certa Master Communications SW, Lease Agreement("Lease") dated as of April 18, 1996, and Sche ule No. 002 pursuant to tha� Lease, covering certain premises ("Premises") situated on certain real property located in there City of Huntington Beach, County of Orange,-State of California, and more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, Lessor and Lessee desire to record notice of the Lease covered by such Schedule, in the Official Records of Orange County, California; NOW, THEREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows: 1. Demise. Lessor has leased the Premises to Lessee (together with access rights), and Lessee has hired the Premises from Lessor, subject to the terms, covenants and conditions contained in the Lease. 2. Expiration Date. The term of the Lease ("Term") is scheduled to commence l on 6r before May 1 ,1996 and shall expire five (5) years thereafter, subject certain options to 61T1q� 1 extend the Term pursuant to the Lease. 1 4/30/96 � oo� 3. Lease Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Lease. In the event of conflict between the terms of the Lease and this Memorandum, the terms of the Lease shall control. IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of Lease as of the date and year first written above. LESSOR CITY OF HUNTINGTON BEACH A municipal corporation of the State of California :BY Name: Dave Sullivan Title: Mayor By: , Name: Connie Brockway Title: City Clerk LESSEE PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION By: J �- VJV Name: Charles Vranek Title: Network Deployment Manager [ACKNOWLEDGMENTS FOLLOW] r 2 STATE OF CALIFORNIA } COUNTY OF On _ ,a, 1996 before me, & ,—Personally appeared a� , personally knoA to me basis of stttis�� to be the persons} whose names(s)4s/are subscribed to the within instrument and acknowledged to me that kehhelthey executed the same in hi&4tei4their authorized capacity(Les), and that by their signatures(on the instrument the person(s), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. MAYBRICE L.JOHNSON Y�1 � COMM.#991835 Signature: z : !►,: No,ory PubEc—California O!�ANGE COUNTY 1`07 Comm.Expires MAY 11. 1991 STATE OF CALIFORNIA. ) COUNTY OF On before me, � k�- 11']on�A5, personally appeared r ,r �_� V CAtn P,k , personally known to me e to be the person(s) whose names(-) is1we subscribed to the within instrument and acknowledged to me that hekleAhey executed the same in hisAwrAherr authorized capacity(-iea}, and that by hisAien4he signatures(e)on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. JOYCE A.THOMAS Commisslon#1078981 Z Signa U 61MY Notary Public—CallfomEa Orange County Comm.Expires Oct 22.1999 STATE OF CALIFORNIA } COUNTY OF ,� On before me,�� ,..�, personally appeared A� m �E.1J0...�. , personally known to me9P.IV "PAWN basis of safisfia-etery evideLl to be the person)whose namesW Ware subscribed to the within instrument and acknowledged to me that h&WWthey executed the same in l er/their authorized capacity Les , and that by fri�their signaiuresW on the instrument the personw, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. r M4AYBRICE L.JOHNSON .m COMM.#991M Signature: z , Notary Pubic--California ORANGE COUNTY My Comm.Expires MAY 11.1997 3 4/30/96 y EXHIBIT A �-- LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: 19711 Bushard Street Huntington Beach, CA 92646 APN: 153-314-35 All that real property located in the State of California, County of Orange, described as follows: Lots 180 and 181 of Tract No. 4350, in the City of Huntington Beach, as shown on a map recorded in book 177, page(s) 40 to 44 inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, without the right of surface entry, as reserved in instruments of record. �� r x MASTER COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN i THE CITY OF HUNTINGTON BEACH AND PACIFIC BELL MOBILE SERVICES THIS MASTE irCOMMUNICATIONS SITE LEASE AGREEMENT ("Lease") is entered into this of r 1996, by and between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION("Lessee") and THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION ("Lessor"). i f The parties hereto agree as follows: i ARTICLE 1 - TERM OF LEASE i Section 1.01 Premises Lessor owns the real property described in a) each Schedule ("Schedule") executed hereunder by the parties, and b) Exhibit"A", attached hereto or referenced in each such Schedule. Subject to the following terms and conditions, Lessor leases to Lessee that portion of Lessor's Property ("Lessor's Property") depicted in Exhibit"B" of each Schedule (the"Premises"). Each Schedule executed hereunder shall be substantially in the form of Attachment 1. Section 1.02 Use The Premises may be used by Lessee for provision of a narrow-band, in the range of 1900 MHz, PCS mobile/wireless telecommunications services, including the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities. Section 1.03 Condition Precedent The installation, operation and maintenance of communications facilities on the Premises is subject to all ordinances and regulations of general application now in effect or subsequently enacted including, but not limited to those concerning encroachment permits, business licenses, zoning and building. This lease is contingent upon Lessee or Lessee's assign obtaining all governmental permits and approvals enabling Lessee, or its assigns, to construct and operate mobile/wireless communications facilities on the Premises. Lessee agrees that any additions or new construction to the Premises previously permitted must be re-reviewed and approved by Lessor prior to the addition or construction taking place. Section 1.04 Term The term of the Lease for the Premises ("Term") shall be for five (5) years commencing with the issuance of a local building permit allowing Lessee to construct its mobile/wireless communications facilities on the Premises, or-upon the Commencement Date as set forth in each Schedule, whichever is earlier. Unless otherwise agreed to in the applicable Schedule, Lessee shall have the right to extend the Term of the Lease for the Premises for five (5) additional terms 7C l SFsTMAgrecTacbell 411196-#2 {"Renewal Term") of five(5)years each. Each Renewal Term shall be on the same terms and conditions set forth herein. The term of the Premises shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor or Lessor notifies Lessee in writing of either parry's intention not to extend at least thirty(30)days prior to the expiration of the original Term or Renewal Term. Section 1.05 Rent/Consideration (a) Upon the Commencement Date,Lessee shall pay Lessor, as rent, the sum of one thousand two hundred and fifty dollars(S 1,250)per mouth("Rent")for each individual Schedule. Rent shall be payable on the first day of each month, in advance, to Lessor at Lessor's address specified in Section 11.02,Notice. If the Commencement Date is other than the first day of a calendar month, Lessen may pay on the first day of the Term,the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter,Lessee shall pay a full mouth'a Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month, or if it Schedule is terminated,before the expiration of any month for which Rent should have been paid. (b) For any Renewal Term,Lessee shall pay the then current Rent, increased by any percentage increase which occurred in the Consumer Price Index(All Items, Base 1982-84- 100) as published by the United States Department of Labor Bureau of Labor Statistics, for All Consumers for the Los Angeles, Anaheim,Riverside Metropolitan Statistical Area during the preceding five(5)year period. Such increase shall not exceed twenty-five percent(25%) of the Rent during any Renewal Term. ARTICLE 2-TAXES AND UTfLrMS Section 2.01 Personal Property Tau Lessee shall pay before they become delinquent all tax assessments or other charges levied or imposed by any government entity on Lessee's Facilities. If such taxes are not assessed separately to Lessee,Lessor shall provide Lessee with evidence, reasonably acceptable to Lessee, of such tax assessment and the amount due. Section 2.02 Real Property Taxes Lessee shall reimburse Lessor for that portion of any increase in real property taxes which is based upon Lessee's improvements to the Premises. As a condition of Lessee's obligation to pay such tax increase, Lessor shall provide to Lessee the documentation from the taxing authority, reasonably acceptable to Lessee, indicating the increase is due to Lessee's improvements. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a direct result of Lessee's improvements to Lemor's Property. As a condition of Lessee's obligation to pay such tax increases, Lessor shall provide to Lessee the documentation from the taking authority reasonably acceptable to Lessee and showing that the increase is due to Lessee's improvements. T� 2 9F4:PCD-A6m:Paebel1 4r3196.42 Section 2.03 Possessory Interest Tax By entering into this Lease, Lessor hereby gives notice to Lessee that pursuant to Revenue and Taxation Code §107.6, this Lease may create a possessory interest which, if created, may be subject to property taxation and that Lessee may be subject to payment of property taxes levied on such interest. Section 2.04 Utilities (a) Lessee shall pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities during the Term of this Lease, or any extension thereof, and for the removal of garbage and rubbish from Premises during the Term of this Lease, or any extension thereof. Lessee shall hold Lessor harmless from all charges. (b) Lessee shall have the right to install underground utilities, at Lessee's expense, and to improve the present utilities on or near the Premises and the installation of aboveground emergency back-up power. Subject to Lessor's approval of the locations, which approval shall not be unreasonably withheld, Lessee shall have the right to place underground utilities on Lessor's Properties in order to service the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute easement(s) evidencing this right. Where an easement is required beyond the lease hold area, Lessee shall compensate the Lessor for the easement rights. ARTICLE 3 - IMPROVEMENTS AND ACCESS Section 3.01 Lessee's Facilities (a) Lessee shall have the right at any time following the full execution of this Lease to enter each of the Premises for the purpose of making necessary inspections, engineering .surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of each of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities. During any Tests or pre-construction work, Lessee will have insurance as set forth in Section 5.03 Insurance, and will notify Lessor of any proposed Tests or pre-construction work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and the applicable Schedule will terminate thirty (30) days thereafter. (b) Lessee has the right to construct, maintain and operate on the Premises radio communications facilities, including radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("Lessee's Facilities"). In connection therewith, Lessee, after approval of the Lessor, through the appropriate permit or approval process, has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install underground utility lines and transmission lines connecting antennas to transmitters and receivers. Lessee shall permit Lessor, at no charge and through separate agreement with the Lessee, to attach equipment to the receiver or transmitter pole for Lessor's exclusive use so long as Lessor's equipment does not interfere with Lessee's Facilities. Lessee's approval of such attachments shall not be unreasonably withheld. F� 3 SFs:PCD:Agree:Pacbe11 V29196-d2 All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessee has the right to remove all ' Lessee's Facilities at its sole expense on or before the expiration or termination of the applicable Schedule; provided that Lessee shall repair any damage to the Premises caused by such removal and will leave the Premises in satisfactory condition as approved by the Lessor. Upon termination of this Lease, removal of poles where Lessor's equipment is installed shall occur only with Lessor's consent. In all other cases, Lessee shall be required to remove all its facilities, including foundations. (c) Lessor shall provide access to the Premises to Lessee, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals, at no charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install and operate Lessee's Facilities on the Premises. Lessee's exercise of such rights shall not cause undue inconvenience to Lessor. (d) Lessee shall, at its sole cost and expense, maintain and repair its Facilities. Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow access. Lessor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Lessee's use of such roadways. If Lessee causes any such damage, it shall properly repair same as specified by Lessor. (e) Upon the expiration or termination of the applicable Schedule, Lessee shall j -surrender the Premises to Lessor in good and broom clean condition, less ordinary wear and tear, i and as approved by the Lessor. Section 3.02 Liens (a) Lessee will not permit any mechanics' or materialmens' or other liens to stand against the Premises for any labor or material furnished to Lessee in connection with work of any character performed on said Premises by or at the direction of Lessee. However, Lessee shall have the right to contest the validity or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and shall have the lien released at its own expense. If Lessee desires to contest any such lien, then prior to commencing such contest, it will furnish Lessor with a bond, if requested, to secure the payment of such obligation. (b) Lessor waives any lien rights it may have concerning the Lessee's Facilities. 4 S F1s:PC D:agree:Pacbel l 411;95-#2 ARTICLE 4 - INTERFERENCE Section 4.01 Installation (a) During the installation of Lessee's Facilities, Lessee shall cooperate with the City of Huntington Beach's Public Safety Communication Systems Group which shall monitor the installation of Lessee's Facilities. (b) Lessee's Facilities shall not disturb the communications configurations equipment and frequency which exist on the Lessor's Property on the commencement date of operation of Lessee's Facilities. Lessee's operations shall not interfere with any of Lessor's communications operations on a city-wide basis, either current or fixture. All operations by Lessee shall be lawful and in compliance with all Federal Communications Commission ("FCC") requirements. Lessor shall not permit the use of any portion of Lessor's Property by any third party subsequent to the installation of Lessee's Facilities on the Premises which interferes in any way with the communications operation of Lessee, provided that if the third party's communications operation were installed prior to Lessee's Facilities, then Lessee's Facilities shall not interfere with the third parry's communications operations. (c) Subsequent to the installation of the Lessee's Facilities, Lessor and the Lessee shall notify the other party thirty (30) days prior of the use or installation of any equipment on Lessor's Property which may interfere with Lessee's or the Lessor's facility or its equipment. (d) If Lessor or the Lessee breaches its obligations under this paragraph, the party breaching its obligations, upon receiving notice from the other party of any such breach shall take all steps necessary to correct and eliminate such interference. If the Lessee breaches its obligation, the Lessee shall without limitation modify its equipment and/or antennas or remove their equipment and/or antennas from any facilities or towers. If the Lessee cannot correct such harmful interference within fifteen (15) days, the Lessor shall have the right, in addition to any other rights that it might have at law or in equity, to terminate the applicable Schedule. Upon such termination, Lessor shall return any unearned Rent to Lessee. If the Lessor breaches its obligation, the Lessor shall without limitation, enforce provisions in any license or other agreement between Lessor and the persons or entities causing such harmful interference, pursuant to which Lessor may compel such.persons or entities to cease operation, modify their equipment and/or antennas, or remove their equipment and/or antennas from any facilities or towers owned or leased and/or managed by Lessor on the Lessor's Property. If Lessor cannot correct such harmful interference within fifteen (15) days, Lessee shall have the right, in addition to any other rights that it may have at law or in equity, to terminate the applicable Schedule. Upon such termination, Lessor shall return any unearned Rent to Lessee. 5 Ws:PCD:Agree:Pacbe11 3/29.96-02 ARTICLE 5 - INDEMNITY AND INSURANCE Section 5.01 Indemnification, Defense, Hold Harmless Lessee hereby agrees to protect, defend, indemnify and hold and save harmless Lessor, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to Lessee's employees and damage to Lessee's property, arising directly or indirectly out of the obligations or operations herein undertaken by Lessee, including those arising from the passive concurrent negligence of Lessor, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of Lessor. Lessee will conduct all defense at its sole cost and expense. Lessor shall be reimbursed by Lessee for all costs or attorney's fees incurred by Lessor in enforcing this obligation. Section 5.02 Workers' Compensation Insurance (a) Pursuant to California Labor Code Section 1861, Lessee acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; Lessee covenants that it will comply with such provisions as required. (b) Lessee shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars (S 100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to Lessor. (c) Lessee shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. Lessee shall furnish to Lessor a certificate of insurance evidencing a waiver of subrogation under the terms of the Workers' Compensation Insurance and Lessee shall similarly require all subcontractors to waive subrogation. Section 5.03 Insurance Lessee shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to Lessor for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the Lessor, its officers, agents and employees as Additional Insureds. Lessee shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, Lessee shall immediately notify Lessor of any known depletion of limits. Lessee shall require its insurer to waive its subrogation rights against Lessor and agrees to provide certificates of insurance evidencing the same. tiurr� 6 Ws:PCD:J�ee:PacWl Z�7, 411/96-42 Section 5.04 Certificates of Insurance, Additional Insured Endorsement (a) Prior to commencing performance of the work hereunder, Lessee shall furnish to Lessor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty(30) days prior written notice to Lessor. Lessee shall maintain the foregoing insurance coverages in force until the work under this Lease is fully completed and accepted by Lessor. (b) The requirement for carrying the foregoing insurance shall not derogate from the ! provisions for indemnification of Lessor by Lessee under this Lease. Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. (c) A separate copy of the additional insured endorsement to each of Lessee's insurance policies, naming the Lessor, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. (d) Lessee shall have the right to self-insure with respect to any of the above insurance. i Section 5.05 Waiver of Subrogation Lessor and Lessee release each other and their respective principal, employees, representatives and agents, from any claims for damage to any person or to the Premises or to Lessee's Facilities thereon caused by, or result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by this Lease. ARTICLE 6 - TERMINATION Section 6.01 Termination in the event of casualty or condemnation (a) In the event of any damage, destruction or condemnation of the Premises or any part thereof, which renders the Premises unusable or inoperable in Lessee's judgment, Lessee shall have the right, but not the obligation, to terminate the Lease with respect to the subject Premises by giving written notice to Lessor within thirty (30) days after such damage, destruction or condemnation, if by virtue of such casualty or condemnation the Premises are no longer adequate for Lessee to continue its operations or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage. (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations on the Premises, the applicable Schedule shall terminate as of the date title to Lessor's Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. Lessee shall be entitled to share in the proceeds of any condemnation, and Lessee's share shall include the value of any improvements which are -PCI]:Agree:Paclxll 129 29:96-p2 transferred to the condemning authority, moving expenses, prepaid Rent and business dislocation expenses. Section 6.02 Termination Any Schedule hereunder may be terminated without further liability on thirty (30) days prior written notice as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten(10) days from receipt of notice; or(2) by Lessee if it does not obtain or maintain any license, permit or other approval 3 necessary for the construction and operation of Lessee Facilities; or (3) by Lessee if Lessee is unable to occupy and utilize the Premises due to any action of the FCC, including without limitation, a take back of channels or change in frequencies; or (4) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitations, signal strength or interference. In addition, the five(5) years term is subject to termination by Lessor upon one hundred eighty (180) days written notice, if during the term hereof, the implementation of a revitalization plan affecting the Lessee's operation occurs. Lessee is hereby granted the right to participate in such revitalization process, and will be afforded the opportunity to continue to operate pursuant hereto so long as Lessee meets Lessor's reasonable requirements pursuant to such revitalization plan. ARTICLE 7 - ASSIGNMENT Section 7.01 Permitted Assignment Lessee may assign their Lease to any wholly owned affiliate of Lessee, or Lessee's parent. Any other assignment is prohibited without the prior written consent of Lessor, which consent not to be unreasonably withheld. Section 7.02. Abandonment by Lessee Should Lessee breach this Lease and abandon Premises prior to the expiration of the Term or any Renewal Term, Lessor may: (a) Continue this Lease in effect by not terminating Lessee's right to possession of said Premises, in which event Lessor shall be entitled to enforce all its rights and remedies under this Lease, including the right to recover the rent specified in this Lease as it becomes due under this Lease; or (b) Terminate this Lease and recover from Lessee: 1. The worth at the time of award of the unpaid rent which had been earned at the time of termination of the Lease; 2. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that Lessee proves could have been reasonably avoided; a �T� SFa:PCD:Agrcc:Pacbc11 4/1:96-#2 3. The worth at the time of award of the amount by which the unpaid rent for the balance of the term of this Lease after the time of award exceeds the amount of rental loss that Lessee proves could be reasonably avoided; and 4. Any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform his obligations under this Lease. Section 7.03 Default by Lessee Should Lessee default in the performance of any of the terms, conditions, or obligations contained in this Lease, Lessor may, in addition to the remedy specified in the subparagraph (b) of Section 7.02 of this Lease, re-enter and regain possession of Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 7.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or filing a petition in bankruptcy shall terminate this Lease and entitle Lessor to reenter and regain possession of Premises. Section 7.05 Cumulative Remedies The remedies given to Lessor in this Article shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease. Section 7.06 Waiver of Breach The waiver by Lessor of any breach by Lessee of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Leave. ARTICLE S - TITLE AND QUIET ENJOYMENT (a) Lessor warrants that: (1)Lessor owns the Lessor's Property in fee simple and has rights of access thereto; (2) Lessor has full right to make this Lease; and (3) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Lessor's Property; subject, nevertheless, to the terms and conditions of this Lease. Lessor is prepared to document its interests in the Lessor's Property. (b) Lessor warrants that the making of this Lease and the performance thereof will not violate any laws, ordinances, restrictive covenants, or the provision of any mortgage, lease, or other agreements under which Lessor is bound and which restricts the Lessor in any way with respect to the use or disposition of the Premises. 9 S Yee:PC A:Afire e:Pacfx l l 3129i96-#2 (c) Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate the applicable Schedule immediately upon written notice to Lessor. (d) Lessor agrees to obtain, for the benefit of Lessee, a Non-Disturbance Agreement from the present mortgagee(s) or holder of a deed of trust, and subsequent mortgagee(s) or holder of a deed of trust. In the event Lessor finances or refinances Lessor's Property, Lessor agrees to obtain from any lender a Non-Disturbance Agreement for the benefit of Lessee confirming that Lessee's right to quiet possession of the Premises during this Lease shall not be disturbed so long as Lessee has not defaulted under this Lease or the applicable Schedule. ARTICLE 9 - REPAIRS Lessee shall not be required to make any repairs to the Premises except for damages to the Premises caused by Lessee, or its employees, agents, contractors or subcontractors. ARTICLE 10 - ENVIRONMENTAL Section 10.01 Lessor's Representation of Premises Lessor represents that the Premises have not been used for the generation, storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage tanks are located on or near the Premises unless specified in writing to the Lessee prior to signing a specific lease agreement. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as a material inducement for entering into this Lease. Section 10.02 Lessee's Hazardous Materials Restrictions Lessee shall not use or store hazardous materials on site without written approval from the Lessor. If the use or storage of hazardous materials is approved by the Lessor, the Lessee shall be responsible for site testing and all hazardous materials clean-up of the site from environmental damages caused by Lessee's use of such materials. ARTICLE 11 - MISCELLANEOUS Section 11.01 Force Majeure- Unavoidable Delays Should the performance of any act required by this Lease to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and _14 v"74Q 1 10 SFs:PCD:AUee:Pacbe11 4'1,96-42 �- performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the party, Lessor or Lessee, required to perform the act. Section 11.02 Notice Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned as follow: TO CITY: TO LESSEE: CITY CLERK PACIFIC BELL MOBILE SERVICES CITY OF HUNTINGTON BEACH ATTN: CHARLES VRANEK, NETWORK 2000 Main Street DEPLOYMENT MANAGER Huntington Beach, CA 92647 2955 REDHILL AVENUE, SUITE 100 COSTA MESA, CA 92626 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. Section 11.03 Compliance with Law Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to Lessee's use and occupancy of said premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Lessor and Lessee and shall be ground for termination of this Lease by Lessor. Section 11.04 Binding on Heirs and Successors This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. Section 11.05 Partial Invalidity Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 11.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between Lessor and Lessee respecting Premises, the leasing of Premises to Lessee, or the lease term herein specified, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting Premises or their leasing by Lessor to Lessee not expressly set forth in this instrument are null and void. SFs:PCD:Agree:Pacbell 4/1196-K2 —`� Section 11.07 Time of Essence Time is expressly declared to be the essence of this Lease. Section 11.08 Governing Law This Lease shall be governed under the laws of the State of California. Section 11.09 Survival Terms and conditions of this Lease which by their sense and context survive the termination or expiration of this Lease, shall so survive. Section 11.10 Memorandum of Lease Upon request either party may require that a Memorandum of Lease for any Schedule be recorded in the form of Exhibit "C". 12 ` SFs:PCD-:lgree;Pacb,::: 1'29 96•=2 IN WITNESS `THEREOF, the parties hereto have executed this Agreement on the �� day of , 1996 at Huntington Beach, California. LESSEE: LESSOR: PACIFIC BELL MOBILE SERVICES, CITY OF HUNTINGTON BEACH, A CAL IF2R�TI CO ORAT N A_-MMUNICIPAL CORPORATION By: +� Name: Charles Vranek Title: Network-Deployment Manager Mayor ATTEST: APPROVED AS TO FORMI: r City CIerk ppr City Attorney REVIEWED AND APPROVED; INITIATED A'VD ROVED: City Administrator u C'ty dministrat STATE OF CALIFORNIA ) COUNTY OF QraytAg } O 1�prr 1 11% before me, q s —, personally appeared Charles Vranek personally known to be ) to be the person) whose name(&) is/aye-subscribed to the within instrument and acknowledged to me that he/&4e4h%L executed the same in his/he9their authorized capacity(4es), and that by his/hef*teir signature(s) on the instrument the person(a), or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. JAY D.BANKS CommWon#1D769V am Notary PLItc-Coulombr� Orange Comw Signature: k!• (�M1.l� y Comm.Expires Oct 22,lvoo SPs:PC D:Agree:Paebell 13 329:96-=2 -DALIFORNIA ALL-PURP042 ACKNOWLEDGMENT • State of c�- County of On before me,`9a.�.�2umQ Bs, ,_ �u, A) ate Name and Title Officer(e.g..'Jane Doe.Notary Pubic personally appeared 9/-- `"ram Names?of Signer{st ap- rsonally known to me—GP--a1prGved-tome-on-the basis-of-satisfasto►y��be the personal whose nameL1 ia/are subscribed to the within instrument and acknowledged to me that he44:KWthey executed the MAYBRIGE L.JO>dNSON same in+�fsfhe�their authorized capacity(ies , and that by a `='"�- ' COMM.#991835 hisiheNtheir signature{1on the instrument the person(, z ' a` Notary pupfEc—Cafifomia or the entity upon behalf of which the person(sj acted, Y ORANGE COUNry executed the instrument. MY COMM.E14*03 MAY 11,1997 WITNESS my hand and official seal. r Sidfiature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �*?a4z, Alf= 2 Document Date: Number of Pages: /,3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �.-T� Signer's Name: Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): .- Partner—❑ Limited ❑ General - Partner--❑ Limited ❑ General ❑ Attorney-in-Fact u Attorney-in-Fact ❑ Trustee ❑ Trustee M. ,.. ❑ Guardian or Conservator ,�, �G ardian or ConservatorA , - C'Other: oG c°:rums here i i�i,)iher: C.�t� Top of thumb he e Signer Is Representing: Signer 1s Representing: 0 1994 National Notary Association-8236 Rommel Ave.,P.O.Box 7184-Canoga Parts,CA 91309-7184 Prod.No.5907 Reorder:Cal Tall-Free 1-B00-876-6827 Schedule 001 CM-089-11 SCHEDULE OF LEASED PROPERTY f� This Schedule number 001, effective April996, is governed by the terms and conditions of the Master Communications Site Lease Agreement entered into between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION and THE CITY OF HUNTNGTON BEACH, A MUNICIPAL CORPORATION on April,2,"1996, and is incorporated herein by this reference. 19 The Premises leased to Lessee under this Schedule is commonly known as the Huntington Beach Library located at 7111 Talbert Avenue, Huntington Beach, CA and is more specifically described in Exhibits A and B. The Commencement Date shall be May 1, 1996. LESSOR LESSEE CITY OF HUNTINGTON BEACH, PACIFIC BELL MOBILE SERVICES. A MUNICIPAL CORPORATION A CALIFORNIA CORPORATION By: 4By: Q4 i 14"0=19 C, Name: -bAup_ Su(I,va.0 Name: Charles Vrnnek Title: AA461c Title: Netwo•t Qeplovment Manager Date: C Date: a STATE OF CALIFORNIA } COUNTY OF ORANGE ) On April 2, 1996 before me,Jay D. Banks, personally appeared Charles Vranek, personally known to me to be the person4)whose name(-s) is`afe subscribed to the within instrument and acknotaledged to me that he'd executed the same in hiskffi� authorized capacityO, and that by his:'kir signature(+)on the instrument the person(, or the entity upon behalf of which the person(}acted,executed the instrument. WITNESS my hand and official seal. JAY D.BIWKS . Cornml:Alon#1 b75937 Si�na[ure: $ NbtaryPUNIc—Caftwin g Orange Cow* 1MV Comm.Wme Oct 22,IM 1 Schedule 001 Chi-089-1 1 EXHIBIT A LEGAL DESCRIPTION,' OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: 7111 Talbert Avenue Huntington Beach, CA 92648 APN: 1 l 1-010-58 All that real property located in the State of California, County of Orange, described as follows: PARCEL I: The West 20 acres of the Southwest quarter of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho Las Bolsas, partly in the Rancho La Bolsa Chica, as shown on a map recorded in book 51, page 13, Miscellaneous Maps, records of Orange County, California. EXCEPTING all oil, gas, asphaltum and other hydrocarbon substances and all other minerals, below a depth of 500 feet, without,however, the right of surface entry as reserved in the Deed from Lawrence P. Kraemer and wife, recorded January 22, 1964, in book 6893, page 95, Official Records. PARCEL 2: The East 10 acres of the West 30 acres of the Southwest quarter of the Southwest quarter of Section 26, Township 5 South, Range 11 West, San Bernardino Base and Meridian, partly in the Rancho Los Bolsas and partly in the Rancho Los Bolsas Chica, in the City of Huntington Beach, as shown on a map recorded in book 51, page 13, Miscellaneous Maps, records of said Orange County. Reserving unto the Grantors herein all oil, gas, hydrocarbon substances and other minerals within or underlying and which may be produced, extracted and saved from said land, provided, however, that the surface and 500 feet vertically in depth from the surface of said land shall not be used for the exploration, development, extraction or removal of said minerals or substances from said land or other lands, as reserved in deeds recorded May 8, 1968, in book 8595, page 531 and 533 Official Records. PARCEL 3: That portion of the East 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range 11 West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in book 51, page 13 of Miscellaneous `taps in the office of the County Recorder of said County, described as Follows: Page I of 3 Schedule 001 CM-089-1 l EXHIBIT A Beginning at the Southwest comer of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; thence North 89° 43' 00" West 751.00 feet along the Southerly line of said Southwest quarter being also the centerline of said Talbert Avenue; thence at right angles to said Southerly line North 000 17' 00" East 50.00 feet to a point on the Northerly line of said Talbert Avenue, said point being the true point of beginning; thence continuing North W* 17' 00" East 237.00 feet; thence South 89° 43' 00" Fast 157.00 feet parallel with said Southerly line; thence North 00' 17' 00" East 265.00 feet; thence South 89° 43' 00" East 145.00 feet parallel with said Southerly line; thence North 000 17' 00" East 294.00 feet; thence North 89' 43' 00" West 93.27 feet parallel with said Southerly line; thence South 420 35' 07" West 125.94 feet; thence South 00° 17' 00" West 40.79 feet; thence North 89' 43' 00" West 30.00 feet parallel with said Southerly line; thence North 00' 17' 00" Fast 33.93 feet; thence North 890 43' 00" West 47.24 feet parallel with said Southerly line; thence North 00° 17' 00" East 199.55 feet; thence North 85' 51' 47" Fast 280.00 feet; thence North 61° 33' 33" East 170.00 feet; thence North 880 54' 46" Fast 232.41 feet to a point in the Westerly line of said Gothard Street; thence North 000 05' 00" East 265.06 feet along said Westerly line to a point in the Northerly line of said South half of the Southwest quarter of Section 26; thence North 890 42' 00" West 951.22 feet along said Northerly line to the Westerly line of said Fast 30.00 acres; thence South 00" 05' 00" West 1269.73 feet along said Westerly line to a point in the Northerly line of said Talbert Avenue; thence South 89" 43' 00" East 240.39 feet along said Northerly line to the true point of beginning. EXCEPTING therefrom all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals whether similar to those herein specified or not within or that may be produced from said Parcel; provided, however that the surface of said parcel shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING the sole and exclusive right from time to time to drill and maintain wells or other works into or through said Parcel below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the Deed recorded February 11, 1972, in book 9998, page 389, Official Records. PARCEL 4: That portion of the Fast 30.00 acres of the West 60.00 acres of the South half of the Southwest quarter of Section 26, Township 5 South, Range I l West, partly in the Rancho La Bolsa Chica and partly in the Rancho Las Bolsas, in the City of Huntinamn Beach, County of Orange, State of California, as per map recorded in book 5I, page- 13 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Paz 2 of 3 /�, ' Schedule 001 C-1-089-1 1 EXHIBIT A Beginning at the Southwest corner of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section as shown on a map Filed in book 53, page 27 of Record of Surveys in the office of the County Recorder of said County, said point also being the intersection of the centerline of Talbert Avenue with the centerline of Gothard Street; thence North 89° 43' 00" Nest 751.00 feet to the true point of beginning; said point being in the centerline of said Talbert .venue; thence at right angles ,forth 0° 17' CO" East 50.00 feet; thence along the Northerly line of said Talbert Avenue North 89" 43' 00" West 240.39 feet to the Westerly line of said Fast 30 acres; thence Southerly along said last mentioned line 50.00 feet to said centerline; thence Easterly along said centerline 240.39 feet to the true point of beginning. EXCEPTING therefrom, all oil, gas and hydrocarbons, geothermal resources as defined in Section 6903 of the California Public Resources Code, and all other minerals, whether similar to those herein specified or not, within or that may be produced from said real property; provided, however, that the surface of said real property shall never be used for the exploration, development, extraction, removal or storage of any thereof. ALSO EXCEPTING, the sole and exclusive right from time to time to drill and maintain wells or other works into or through said real property below a depth of 500 feet and to produce, injw, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform any and all operations deemed by Grantor necessary or convenient for the exercise of such rights, as reserved in the deed recorded January 1, 1973, in book 10501, page 536, Official Records. Pave -" of: l 4 V� . CALIFORNIA ALL-PURPOIS ACKNOWLEDGMENT • State of �} County of On - /ter /Cj9/ _before me, ate �Name and Title o` icer te.g-,'Jane Doe,Notary Puu ic'y personally appeared T T .�_ Name(s)of S,gner(s] 01 impersonally known to me—AR-- -pr$ved-ta-fne-on-the-blasi sa isfactory a to be the person whose nameLs)-isiare subscribed to the within instrument and acknowledged to me that-helsliekhey executed the �:�• MAYBRICE L JDHNSON same in hisl#erltheir authorized capacity ies and that by z =o COMM.#491g35 his#KWtheir signatureUs on the instrument the person(g), Notary Publfc_Califorrlly I or the entity upon behalf of which the personW acted, A My ORANGE COU" executed the instrument. Comm.Explrss MAY i 1.1997 WITNESS my hand and official seal. Signature otary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: rf/�/1��9 rn Number of Pages: ,4; Signer(s) Other Than Named Above: Y1.� Capacity(les) Claimed by Signer(s) Signer's Name: AZI-e slj _ _ Signer's Name: 62 � . ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner-- Limited General ❑ Partner Limited - General Attorney-in-Fact ❑ Attorney-in-Fact Trustee _ ❑ Trustee _ 111 uardian or Conservator —' Guardia or Conservator , Other: Tcp of thL-ib here Other: Too C`'^jwo hero Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•B236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 -0602, y Schedule 002 CM-090-12 SCHEDULE OF LEASED PROPERTY lg- This Schedule number 002, effective April 1996, is governed by the terms and conditions of the Master Communications Site Lease Agreement entered into between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION and THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION on April -1,"'1996, and is incorporated herein by this reference. 1 The Premises leased to Lessee under this Schedule is commonly known as a Fire Station located at 19711 Bushard Street, Huntington Beach, CA and is more specifically described in Exhibits A and B. The Commencement Date shall be May 1, 1996. LESSOR LESSEE CITY OF HUI`TIrGTON BEACH, PACIFIC BELL MOBILE SERVICES, A MUNICIPAL CORPORATION A CALIFORNIA COrRPPORATION By: ate— By: lJ ., Name: Name: Charles Vranek Title: „0&jQ& Title: Network Denloyment Manager Date: - I -q Date: STATE OF CALIFORNIA ) COUNTY OF ORA``GE ) On April 2, 1996 before me, Jay D. Banks,personally appeared Charles Vranek,personally known to me ( to be the personal whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he!Ae hey executed the same in his.`ker.Iheir authorized capacity(4es3, and that by his4wf4 oi•r signatureW on the instrument the person(,or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. _ JAY D.BANK4 Commhalon#107947 Signature: 0MV wry ps&b—Colt aft Comm EvOres Oct 22,1004 V 1 , ALIFORNIA ALL-PURPA ACKNOWLEDGMENT -- - - - - - - - - - ---- State of County of On aaj&2 �a before me, ca9r� 0 to Name and Title q1 Nicer(e-g-.'Jana Doe,Notary PublIV personally appeared -�-- Name(s)of Signer(s) 1-Wrsonally known to me-eR _pmved to me an be the persona whose name(1ii#are subscribed to the within instrument and acknowledged to me thatthey executed the same in Nsfher�their authorized capacity ies and that by i' MAYMCE L JOHNSON hisA,,eNtheir signatureW on the instrument the person(s), Z "�. Notary alit or the entity upon behalf of which the person_acted, z ;, _ - Nora Public�CalifornEa ORANGE COUNTY executed the instrument. My Comm.EX0183 MAY 11.19V WITNESS my hand and official seal. 1f �.... T� Sr ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) �y Signer's Name: /u4 le Signer's Name: C4-rz� W, Individual Individual ❑ Corporate Officer - Corporate Officer Title(s): Title(s): :' Partner— Limited - General ❑ Partner—- Limited General Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ * Guardian or Conservator `-• ❑ Guardian or Conservator '- J Other: Tep of thumb Here r Othef: Toy c'th,rro here Signer Is Representing: Signer Is Representing: 0 0 1994 Natiooa4 Notary Associat an•8236 Remmet Ave..PO.Box 7184•Canoga Park.CA 91349-7164 Prod.No.5907 Reorder.CaN Tdk-Fraa 14MG.;76-6627 Schedule 002 CM-090-12 EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY The Lessor's property of which Premises are a part is legally described as follows: 19711 Bushard Street Huntington Beach, CA 92646 APr1: 153-314-35 All that real property located in the State of California, County of Orange, described as follows: Lots 180 and 181 of Tract No. 4350, in the City of Huntington Beach, as shown on a map recorded in book 177, page(s) 40 to 44 inclusive, of Miscellaneous Maps, in the office of the County RecorSef of said County. EXCEPT ZVFROM all oil, gas, minerals and other hydrocarbons, below a depth of 500 feet, without the right of surface entry, as reserved in instruments of record. 2 PACIFIC* BELL EXHIBIT B Mobile Services PAGE 1 OF 6 PROJECT DATA DATE OF SURVEY: NOVEMBER 6, 1996 PROJECT AREA: APPROXIMATELY 264 S.F. LEGAL DESCRIPTION ASSESSOR'S PARCEL NO.: 153-314-35 A PORTION OF LOT 180 AND 181 OF TRACT NO. 4350, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 177, PAGE(S) 40 TO 44 INCLUSIVE, OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. BENCHMARK D.C.S. BM HB 167 69 ELEVATION 8.134' NGVD 1929 OASIS OF BEARINGS N 00° 35' 51"W ALONG THE CENTERLINE OF BUSHARD STREET AS SHOWN ON TRACT NO. 4350 (177/41) APPLICANT: PACIFIC BELL MOBILE SERVICES 2955 REDHILL AVENUE, SUITE 100 COSTA MESA;CALIFORNIA 92626 (714) 825-8017 RECORD OWNER: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92647 (714) 536-5555 ARCHITECT: SBA, INC. 2955 REDHILL AVENUE, SUITE 100 COSTA MESA, CALIFORNIA 92626 (714) 825-8051 ASSOCIATE ARCHITECT: CARNEY ARCHITECTS I 2080 NORTH TUSTIN AVENUE, SUITE B SANTA ANA, CA 92705 (714) 542-7500 LAND SURVEYOR: SUN SURVEYING 3829 BIRCH STREET NEWPORT BEACH, CALIFORNIA 92660 (714) 474-5960 PROJECT DESCRIPTION: THIS IS AN UNMANNED UTILITY SUBSTATION FOR (PCS) WIRELESS COMMUNICATIONS CONSISTING OFA BASE TRANSCI=IVER"Sin110N (BTS) LIMIT MOUNTED ON A CONCRETE PAD AND INSTALLATION OF A MONOPOLE WITH A TOP MOUNTED ANTENNA ARRAY. CM-090-12 FIRE STATION 19711 BUSHARD STREET HUNTINGTON BEACH, CALIFORNIA 92646 50.0 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 9/10/97 INITIALS:AL . . J pl°aQOM© CSC LLO EXHIBIT B Mobile Services -::; PAGE 2 OF 6 4� -- TALBERT AVENUE ELLIS AVENUE r UJ F— tLl a S `n GAR=1ELD AVENUE 2 y YORKTOWN AVEN;IE p ci! y CAPE COD DRIVE ADAMS AVENUE PROPOSED DBMS SITE LOCATION CM-090--12 FIRE STATION 19711 BUSHARD STREET HUNTINGTON BEACH, CALIFORNIA 92646 50.0 FOOT MONOPOLE ANTENNA , INSTALLATION DOCUMENT DATE: 9/10/97 INITIALS: CAL 3 - Y-qk EXHIBIT B Mobile -Services PAGE 3 OF b N f =MCP--RT" _I\E N 89'34'00" E / 32.00' I II I I 6' N C I C o EXISTING r P_ STt,T:Ch II I I I I II EXISTING F_AG POLE — PROPOSED PBMS � ACCESS/UTILITY EASEMENT 15.0' WIDE I s PROPOSED PBMS I i LICENSE AREA I Vll � Ci 22.0'x12.0' '1 z EXISTING I ti I D-iIVE:..uvl 6 -00' I - - - - ; l 1 L r,J- l • PROPOSED PBMS UTILITY EASEMENTS 5.0' WIDE � 1 PROPOSED P3MS ANTENNA ;6) TYPICA_ OR;ENTAT ON: (0-,12C',24O') i PROPOSED PBMS UTILITY EASEMENT 5.0' WIDE ! -x"ST vG =oWti ?OL E CM-090-12 FIRE STATION 19711 BUSHARD STREET HUNTINGTON BEACH, CALIFORNIA 92646 50.0 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 9/10/97 INITIALS:��. O 3 �� RACOM® HELL® EXHIBIT B Mobile -Se-rvices PACE 4 OF 6 N I EXISTING LANDSCAPE EXISTING EXISTING FLAG POLE BUILDING i I PROPOSED PBMS ACCESS/UTILITY EASEMENT 15.0' WIDE 1 % V �I PROPOSED PBMS LICENSE AREA 22 0' '5.0' 22.0'x12.0' I I `01 ti • I I -I I � 1 I• Q I � � 1 �Q �• I o PROPOSED ci I II I a DBMS JTILITY EASEMENTS — 5.0''WIDE f i I EXISTING CURB CA-E NRI`.!E P CPOSwD P3MS ANTENNA (6) TYPICAL f ORIENTATION: (0',120'.240') PROPOSED PBMS UTILITY EASEMENT 5.0' WIDE EXISTING POWER POLE CM-090-12 FIRE STATION 19711 BUSHARD STREET HUNTINGTON BEACH, CALIFORNIA 92646 50.0 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 9/10/97 e INITIALS: �x�u.GZe EXHIBIT B MobileSeryices PAGE 5 OF 6 PROPOSED PBMS ACCESSQTILITY EASEMENT 15.0' WIDDE PROPOSED PBMS ACCESS EASEMENT 5.0' WIDE DROaOSED PBMS ITS UN PROPOSED PULL BOX PROPOSED TELEPHONE aANE� PROPOSED GRAVEL AREA i PROPOSED ELECTRICAL VEER PEDESTAL i I :DROaOSED i C0NCR= PAD i -XIST\' Q.4 O n C \ I \ 22.0' \ j PROPOSED PBMS LICENSE AREA ' 22.0'x12.0' 5� PROPOSED PBMS -- — — — UTILITY EASEMENTS 5.0' WIDE PROPOSED !°'I. -Y F;CL-ING PR0P0SEED PULLBOX EXISTING CURB CM-090-12 FIRE STATION 19711 BUSHARD STREET HUNTINGTON BEACH, CALIFORNIA 92646 50.0 FOOT MONOPOLE ANTENNA INSTALLATION DOCUMENT DATE: 9/10/97 , INITIALS: 11 3-LI-qk O O C tD 3C C 0Z -40 n rrl -q z co PROPOSED CITY WARNING SIRCN > �] (D u U 0 C3 C p 1 0 (/) PROPOSED PBMS O ANTENNA, (6) D OR ENTATION: (0'117UL240')rri N Z m PROPOSED PBMS LNA 0 n r7 UNIT, (6) TYPICALto 0 \ r- -o PROPOSED PBMS I J • O Et Y a MONOPOLE ---• _ QD > r'1 EXISTING V Z r `IRE S'IAIION - Furl O Z FXISTING I LAG P01 F - EXISTING POWER P01 F-- z ;v z Z D 5 PROPOSED PBMS toE ROPOSCD PBMS ANTENNA SUPPORI NE315 UNIT z _.....::,......_ ............ -- T7 w PROPOSED TF! FPHONL PANEL SOUTH ELUATION PROPOSED CLECI RICAI T' ME I E R Pf OFSTAL cri 1pouncil/Agency Meeting Held: G f 3�9� Deferred/Continued to: 3- bproved ❑ Conditionally Approved ❑ Denied City Clerk's Srifnature Council Meeting Date: June 3, 1996 Department ID Number: FD 96-006 REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOROV'" PREPARED BY: MICHAEL P. DOLDER, FIRE CHIEF LES M. JONES ll, DIRECTOR OF PUBLIC WORKS SUBJECT: LICENSE AGREEMENT TO USE A PORTION OF PACI IC BELL MOBILE SERVICES FACILITY Statement of issue,Funding Source,Reconunended Action, Alternative Action, Analysis,MiT nmental Status,Attachment Statement of Issue: Approving a License Agreement to use a portion of Pacific Bell Mobile Service's (PBMS) monopole facility at Fire Station 3 - Bushard to install an emergency warning siren. Fun in Source: No funding source is required. Under the lease terms, the site will generate $15,000 as ongoing revenue to the City. However, Pacific Bell Mobile Services (PBMS) will purchase emergency warning siren system equipment for the City and install it on PBMS's monopole to be located at Fire Station 3 - Bushard. In consideration of purchase and installation costs of the new siren system, which is to be turned over to the City, a rent abatement for the first six (6) months of the lease is proposed. The total value of the rent abatement is seven thousand, five hundred dollars ($7,500.00). Recommended Action: By Motion, authorize the Mayor to execute a License Agreement between the City and Pacific Bell Mobile Services allowing for the acquisition, installation and City ownership of an emergency warning siren on PBMS's monopole at Fire Station 3 Bushard. Alternative Action(s): 1) Do not approve the License Agreement. 2) Direct staff to revise the license agreement and reconsider at a future date. REQUEST FOR ACTION Mee 9 9 Date: June 3, 1996 SUBJECT: LICENSE AGREEMENT TO USE A PORTION OF FD 96-006 PACIFIC BELL MOBILE SERVICES FACILITY Ana_ivs_is: The City Council, on April 15, 1996, approved a Master Communications Site Lease Agreement with Pacific Bell Mobile Services (PBMS) leasing a portion of public properties located at the Central Library and Fire Station 3 - Bushard for the installation of Personal Communication System (PCS) facilities. Section 3.01(b) of the Lease provides for the City to attach certain equipment to PBMS's communication operation through the granting of a license. The emergency warning siren equipment as described in Exhibit "A" of the License Agreement (Attachment 1), will be purchased and installed by PBMS at an estimated cost of approximately $14,000.00. In consideration of PBMS's cost of replacing the City's existing warning siren, the rent for the Fire Station 3 - Bushard site will be abated for the first six (6) months of the Lease term. The total value of this rent abatement is seven thousand, five hundred dollars ($7,500.00). The ongoing maintenance of the new siren equipment will be the responsibility of the City. Since the existing siren and pole are over thirty (30) years old, the maintenance cost will be significantly less. t The proposed PCS monopole installation at Fire Station 3 - Bushard, including the Design Review Board's May 9, 1996 recommendations was approved by the Zoning Administrator on May 22, 1996 (Attachment 2). Environmental Status: The Personal Communication Pole project at Fire Station 3 - Bushard is categorically exempt pursuant to Class 5, Section 15305, Minor Alterations in Land Use Limitations, of the California Environmental Quality Act. Attach ent s : City Clerk's Page Number 1. License Agreement 2. Zoning Administrator's Notice of Action PLEASE COMPLETE THIS INFORM& RECORDING REQUESTED BY: Agooraoa in use County or orange. Geiifornia AN4 WHEN RECOffDED iL TO: No Fee pf 99 1702812:42pm 18111196 895 JGO12720 14 21 h � Rya 11 1.90 30.80 8.09 0.06 e.06 0.e0 9A49�WlI r TITLE OF DOCUMENT. r THIS PAGE A00EO TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (AddiSonel recording fee sppllee) M MD-TITLE P43E(R7M) . 4 RESOLUTION NO. 96-63 OD A RESOLUTION OF THE CITY COUNCIL OF THE w CITY OF HUNTINGTON BEACH ORDERING THE RE-RECORDATION OF DEED WITH A NOTICE OF REMOVAL OF DEED RESTRICTION WIiEkEAS,on February 7, 1972,and May 15, 1972,the City Council of the City of Huntington Beach adopted Resolution Nos. 3435 and 3486 declaring its intention to authorize the execution and recording of a deed restriction on Huntington Central Park,Phase I(CALIF-(SA-375(G));and The deed restriction was a condition precedent by the United States Department of Housing and Urban Development("KUD")to the granting of funds for the acquisition and development of such property as a park site;and The deed restriction indicates that the property or any interest themin may not be sold,leased or otherwise transferred without the prior written approval of the Secretary of HUD,his designee,or any successor thereto;and Under the original grant agreement,the property involved was subject to a deed restriction enacted pursuant to the HUD Open Space Program authorized by Title VII of the Housing Act of 1961. The deed restrictions required HUD concurrevice and authorization if the property was to be sold, Ieased or otherwise transferred by the City. However, $ 126(b)(3)of the Housing and Urban-Rural Recovery Act of 19B3 repealed the use of HUD restrictions for land acquired under the Open Sparc Program. Therefore,in keeping%frith the referenced fodcral legislation,it is no longer necessary for City to obtain HUD's concurrence in this matter or in other matters involving the deed restriction on this property, NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve that h the City CIerk is hereby authorized to record a Notice of Removal of Deed Restriction on Central Park as f , more particulariv described in the notices attached as Exhibit"A"and"B." PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of Avgust l 996. Gel'AA - - Mayor ATTEST; APPROVED AS TO FORM: City Clerk Ct REVIEWED AND APPROVED: INITIA APPROVED: ity Administrator Director of racy Services Fire Chief - 12 7 s�r:Ncn:Reaa:z1��,�, ubruy Site rnr Res.No.96-63 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) � I, CONNM BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofhcio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the aflfinnative vote of at least a majority of all the members of said City Council at a regular meeting thereof herd on the Sth of August, 1996 by the following vote: AYES: Councilroembers: Harman,Leipzig,Bauer, Sullivan, Dettloff Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmenbers: None Tax-MmmPt-Govornmont Agency CITY OF WUNTlNGTON BEACH The foregoing instrument Is a correct copy pf ow. the orlginal on fife in this office, City CIO* Att t . - --- ......... ............I99 City Clerk and Eic•Offic[ C!e �k rk of the City Caunclf of t City Clerk and ex-officio Clerk of the he City of H�n#ingtan Beach, Cal. City Council of the City of Huntington Beach, Californi&Mx document is aole2y for the Offlatnl buatnens of the City Of Hu"ti•l.-ton Roaah, as cantem- O.rcw1utVrabkp% Rtnted wilo:• ro,,QrrXMnt Coax Sea. 8203 snd should be r000rdeA iGt" of Chance. 1 When recorded,please mail ' this instrument to: 2 3 OFFICE-OF THE CITY CU3RK City of Huntington Beach 4 Post Ogee Box 190 S Huntingtan Beach,California 92649 6 7 NOTICE OF BEWYAL OF DEED RESIRM ION . 8 9 NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a municipal 10 Corporation, is the owner of the property described as: - 11 13 RA.RCEL 1: 13 The east three-quarters of the north half of the south two-thirds of the west 14 three-quarters of the north half of the southwest quarter of Section 26, 1s Township S South,Range 11 West, San Bernardino base and meridian in 16 the City of Huntington Beach, County of Orange, State of California. 17 19 EXCEPTING therefrom any portion dedicated for street right of way. 19 ao PARCEL 2: 21 The east 10 acres of the west 30 acres of the south half of the southwest 22 quarter of Section 26,Township 5 South,Range 11 West,San Bernardino 23 base and meridian in the City of Huntington Beach, County of Orange, 24 State of California. as 26 EXCEPTING therefrom any portion previously dedicated far street right 27 of way. This dooument is solely for t 28 offfeW. %un -yesn of the City � nt-G rnment Agenty of flu '•eA 'I. or. contour ..)TY DF HUNTINGTON IWACH p1:atcc? t :,:a_ Gav d;•.1.isat Coda _1_ $ea. 6103 and Should be record 4 Y. free of charge. r Clty OWE I PARCEL 3: 2 The west half of the northwest quarter of the northwest quarter of the 3 northwest quarter of Section 35, Township 5 South,Range 11 West, San 4 Darnardino base and meridian in the City of Huntington Beach, County of s Orange, State of Califomia. s EXCEPTING therefrom the southerly 145.00 feet and any portion 8 previously dedicated for street right of way. 9 a PARCEL 4: ii Lots I through 182 both inclusive in Block A of Tract No. 296 as shown 12 on a map recorded in Book 14, page 19 of Miscellaneous Maps,Records 13 of Orange County, California 14 is EXCEPTING them6om any portion previously dedicated for stred right is of way. 2.8 PARCEL 5. 19 The west one-half(W 1/2)of the east one-half(E 1/2) of the southwest 20 one-quarter(SW 1/4)of the northeast one-quarter M 1/4)of the 21 northeast one-quarter OM 1/4)of Section 34, Township 5 South,Range 22 11 West, San Bernardino base and meridian in the City of Huntington 23 Beach. County of Orange, State of California. 24 25 PARCEL 6: 26 The east one-half(E 1/2)of the east one-half(E 1/2)of the southwest ono- 27 quarter(SW 1/4) of the northeast one-quarter(NE 1/4)of the northeast 28 one-quarter(NB 114)of Section 34, Township 5 South, Range I I West, -x- 1 S¢n Bernardino base and meridian in the City of Huntington Beach, Cotmty 2 of Orange, State of California. 3 4 EXCEPTINO therefrom the north 260,00 feet. 5 6 and that the City of Huntington Beach hereby removes the deed restriction previously imposed on 7 this property by way of the Notiee of Deed Restriction dated February 8, 1972,Book 9996, Page a 96. 9 DATED 01996 io C=OF HUNT INGTON BEACH, 11 a municipal corporation 12 13 By—jf'Z`1 14 Mayor is 1.6 ATTEST: APPROVED AS TO FORM: 1.7 is City Clerk 7- s ityAttome zy L 19 20 21 22 23 24 25 26 27 29 -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of County of AaMtft_ � On ,�AA 199(a before me, �.+�-lc.� ` . Car. Name and TB! =Roa(a B-,',Iarn Dow tlatary personally appeared �iGAl �iat�pn.ri�l , Kighroonally known tome— to be the person whose name(4st+are subscribed to the within Instrument and acknowledged to me that h~hey executed the IMYBRM Same to*A&%eiVtheir authorized capacity les ,and that by t 10� Mo%eWtheir signature(g)on the Instrument the personw, Prot — or the entity upon behalf of which the personX acted, GECOMY executed the Instrument. MAY 11.1 WITNESS my hand and official aeal. MAY$RCE L.JOFlI+ M 04ANGE COMP �pnehre of Notary Comm. IM MAY t 1.1�7 ptr OPTIONAL TAW A're AMormadon below/s not requW by Iaw,R may pmua va&labM to pert rw roVag m the docurllanf and avuld prlav8rlt lrat ww7t►VMWM1 and rMfts"ant of tr1la ram to aWOW domment Description of Attached Document Title or Type of Document:,4WA&2ti6j X0 . 94 at:s Document Date: Number of Pages: Signer(s)Other Than Named Above: a Capacity(les) Cllelrlled by Signer(e) 51gner's Name: I Signer's Name: . ❑ Individual ❑ Individual r D Corporate Officer ❑ Corporate Officer Titls(s):_ Tiile(s):_ ❑ Partner—C7 Limited ❑General ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑, Guardian or Conservator ❑ Guardian or servato m- her: 5?)A .a 1bp d thumb here {�.Qthg� �� Top at Iharnb hero Signer Is Representing: Signer is Representing: aj1 . O t 006 Nallonal Nplary Aponaion•tSB7B Arr•mM Ma.,P.O.B09 71 B4•CMW FVK CA Bl SM-71 B4 Prod Pia.MV nwr"r.CM ftWf a 14MB78-OW 1 When,recorded, please mail this instrument to: 3 OFFICE OF THE CITY CLERK City of Huntington Beach 4 Post Office Box 14o 5 Huntington Beach, California 92648 6 NOTIM OF AghMAL OF PM RESTRICTION y NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a municipal 10 Corporation, is the owner of the property described as: - 11 12 That portion of the east 30.00 acres of the west 60.00 acres of the 13 south half of the southwest quarter Df Section 26, Township 5 South, 14 Range 11 West, partly in the Rancho La Bolsa Chica and party in the 15 Rancho Las Bolsas,in the City of Huntington Beach, County of Orange, 1e State of California, as per map recorded in Book 51, page 13 of 17 Miscellaneous Maps in the office of the County Recorder of said county, 18 described as follows: 19 20 Beginning at the southwest comer of the southeast quarter of the 21 southeast quarter of the southwest quarter of said section as shown on a 21 map filed in Book 53, page 27 of Record of Surveys in the office of the 23 County Recorder of said county, said point also being the intersection of 24 the center line of Talbert Avenue with the center line of Gothard Street; 23 thence north 89°43'00"west 751.00 feet along the southerly line of said 26 southwest quarter being also the center fine of said Talbert Avenue;thence 27 at right angles to said southerly Line north DO9T00" cast 50.00 feet to a 28 point on the northerly line of said Talbert Avenue, said point being the true r&W-Fxernpt-GQvemm Agency fti8 document Is solely far the CITY OF HUNTINW N BEACH afflolal berginesa or the City Of Hu'!t r •+.nn T-�j•Zn',1, as contem- plated Code 8 - --- - • - �.,. See. 0103 and should ba recorded �P�Y CIt7► C i point of beginning;thence continuing north 00°17'00" east 237.00 feet; 2 thence south 89°43'00" east 157.00 feet parallel with said southerly line; 3 thence north OTITOO"east 294.00 feet; thence north 99°43'O0"west 4 93.27 feet parallel with said southerly line;thence south 42035'OT'west 5 125.94 feat, thence south WITO0"west 40.79 feet;thence north 6 89°043'00"west 30.00.feet parallel with said southerly line;thence north 7 WNW" east 199.55 feet;thence north 85151'4T'east 280.00 feet; a thence north 61°33'33"east 170.00 feet;thence north 88°54'46" east 9 232.41 feet to a point in the westerly line of said Gothard Street;thence 3.0 north 00°05'00" east 265.06 feet along said westerly line to a point in the sz northerly line of said south half of the southwest quarter of Section 26; 12 thence north SV42'00"west 951.22 feet along said northerly line to the 13 westerly line of said east 30.00 acres;thence south 001,05'W'west la 1269.73 feet along said westerly line to a point in the northerly line of said is Talbert Avenue;thence south 89°43'00"east 240.39 feet along said 16 northerly line to the true point of beginning. 17 t e Excepting therefrom all oil,gas and other hydrocarbons, i9 geathermal resources as defined in Section 6903 of the California Public 20 Rdrources Code,and all other minerals, whether similar to those herein 21 specked or not, within or that may be produced$om said parcel; 22 provided, however,that the surface of said patrol shall never be used for 23 the exploration, development, extraction, removal or storage of arty 24 thereof. 2s 26 Also excepting therefrom the sole and exclusive right from time to 27 time to drill and maintain wells or other works into or through said parcel 28 below a depth of 500 feet and to produce,inject, store,and remove from 1 and through such wells or works,oil, gas,water and other substances of 2 whatever nature, including the right to perform any and sit operations 3 deemed necessary or convenient for the exercise of such rights, 4 s and that the City of Huntington Beach hereby removes the deed restriction previously imposed on s this properly by way of the Notice of Deed Restriction dated May 16, 1972,Boole 10 134, Page 7 321. a DATED 1996 9 CITY OF HUNTINGTON BEACH, ao a municipal corporation 11 12 By 13 Mayor 14 15 ATTEST: APPROVED AS TO FORM: 16 17 City Clerk 1-La ity Attorney 18 19 20 21 23 23 24 25 26 27 This dooUmbnt to solely for tnb Te •E> n Official buainesa of the City 04�.OF 14 mm Agency 28 of HontNatan A,On,..h. as COntam.. "_'��`�CH Plated wwal. i;a°aern,anuit Code . Sea. e103 and should be recorded _3_ tree of obarge. 1)eAuty City Ct". •�.�. a IMUFORNlA ALL-PURPOSE ACKNQWLBDCMASNT State of County of On as —before me, Aft - ar 9 Name and 71tla r W(, 46,•rw atu.Nq Puh k personally appeared WK1+a1) Itbraonally known to me - be the person(N whose name(Ware subscribed to the within Instrument and acknowledged to me that heAshehhey executed she ,qy L same In hIeEgerthelr authorized capacityao,and that by C4h�t,a pq», .pistrltheir signature(A)on the Instrument the person(, ti0kvy Rue--coUornla 5 or the entity upon behalf of which the persons acted, WCom C�,Awi1,fOVT BxaWad the Instrument. WrrNESS my hand and official seal. lmr_ 5Laal � svftle Pa2k OP77ONAL Thong►,the mfa7"kn bobw k nal required 0 te*j 9 nW prove tmWble W permw n 6ft m the dxumml wal 00Wp VWt haydulent romovW and readedw ertr of thle form to anoMer dxw3ew. Description of Attached Document 1111e or Type of Document: S& df.L. ] 9-& s.-4 �.0 � A 4-.d Document Date: Number of Pages: R Signer(s)tither Than Named Above: -A 4z&zmw Capacity(les)Claimed by Signer(s) Signer's Name: 4&d AOA• Signer's Name:_ •. _ ❑ Indlv(dual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Tttle(s): Tltfe(s): ❑ Partner—❑Limited ❑General ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Attorney-In-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator B'bther: 2a, Li rop o7 thumb hero IMther: dase..&_- Top of thumb tiers Signer Is Ropresentln ., Signer Is Representing, ef p�9pI Nrional Namy Aaodaflan.btli R�rtrn�t Arw.PA tlnr�l -dnag VwK CA I1300.7164 prm ft 6W Amer.Cd 70"Ma 7-9*0M-UV I CERTIFY THAT,IF THIS SEAL IS AFFIXED oe� �o� COUNTY CLERK•RECORDER IN PURPLE INK,THIS IS A TRUE AND CORRECT COPY of THE PE�Is:'.Ah!=iaT RECORD � � FILED OR RECORDED IN THIS OFFICE. DATE 0 1998 FEE �COUNTY GRAN COUNTY ST�'[E OF CALIFORNIA � �r Schedule 002 CM-090-12 1 '� V EXHIBIT B DESCRIPTION OF PREMISES The location of the Premises within the Lessor's Property together with access, ingress,egress, e ements and utilities are more particularly described or depicted as follows: / L Q ' 1 [ wyr.y i .6 16 R . Al [i A final drawing or copy of a property survey depicting the above will eplace this Exhibit B when initialed by Lessor. Notes 1. This Exhibit may be replaced by a land survey or Site Plan of the Premis once it is received by Lessee. 2. Setback of the Premises from the Lessor's boundaries shall be the distance re ired by the applicable governmental authorities, 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. 3 --1 . a j Schedule 001 • UN-1-089-1 1 EXHIBIT B DESCRIPTION OF PREMISES The location of the Premises within the Lessor's Property together with access, ingress, egress. easements and utilities are more particularly described or depicted as follows: .... ~ .N�1`ENuWulQ - � SECTOR A PROPOSED l BPS uwrrs I I weoPaseoI I I �NTEwots �j I —PROPOSED 4 SEC O4.'c' I I SEIM B, u .. tt� Lis 2 A tina dra%ving or copy of a property sure°ey depictinJ the above will replace this Exhibit B when initialed by Lessor. Notes I. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee. ?. Setback of the Premises from the Lessor's boundaries shall be the distance required by tl:c applicable governmental authorities. ;. Width of access road shall be the width required by the applicable goy Mmental authorities. including police and fire departments. 4. The type. number and mounting positions and locations of antennas and transmission lines are illustrative only. .actual types. numbers. mounting positions may vary from «-hat is shown above. 5 CaintY of Drdm 6149292 06 39 04/30/90 3:23:49 pm Copies - O.R. 14.00 # of Docusents 1 Certified Copies 1 U Total 4 of Pages Copied 11 Work Order # '141 Refuroj 19.00 CITY OF HUNTINGTON BEACH P.O. Box 190 HUNTINGTON BEACH, K648 Document U(s) Affected CK#469839 Comment 1 OOERAGE FOR OR COPIES 1634 Total JJ.w ChKk .7J.00 Amount Due 0.00 Thank You Retain this receipt for Your records -- - --- - __ — - -- - -- -- ---- - _ - - - - - -(r -�[[[p��'yj��j ((yy pp-04130198 am -n-J—p -- - f-;�y---- -- -I 004 614 T V6 38 041301?4 14.00 �'RYrL. GRANVILLE 1 REQUEST FOR COPY - OFFICIAL RECORDS OHANGL COUNTY CLERK RECORDLRP.O. BOX 238 1 (714) 834-2461 SANTAANA, CALIFORNIA 92702-0238 d PAGES F NO OI COPIES TOTAL NO DESCRIPTION I -" DOCUMENT a BOOK PAGF I I PER DOC. ' CERT. PLAIN I PAGES COS. , NAME AND MAILING ADDRESS PER ORDER �4� �f TOTALS COPIES CERT PLAIN PAGES COST—� 1 r J DATE ' I TIME --- r j — ORDER BY _ PHONE# WILL CALL❑ MAIL IJ' BY GARY L. GRANVILLE, County Clerk-Recorder -P F059-10(R10/96) � DEPUTY 29H PeI I :,=r_e,St.-.e 130 ^ PACIFICrJBELL•. Cui:c h'esa,C:rt_•r a 92 25 REc E iyE ' Mobile Services August 16, 1996 Hl1HTla C,, i,, A . AUG Z10 1I 40 [.1; J6 I City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Our ref.: CM-090-12 Dear Ciiy Clerk: PROPOSED COMMUNICATIONS SITE, 19711 Bushard Street, Huntington Beach, CA 92646 Pursuant to Article I Section .04 of the Master Communications Site Lease Agreement entered into on the 18th day of April 1996, I am pleased to announce that we have obtained the necessary planning and building permits to begin construction. The Operational Phase commencement date of the Initial Term is August 12, 1996. Check number 1944 for the first monthly payment was sent to your attention April 30, 1996. The first payment was calculated from the Permit Phase commencement date. All subsequent rental payments will be made on the first day of the month and will be sent from the PBMS Accounting Group. Please call our Property Manager, Ms. Barbara Hendricks, on (5 10) 227-3189 if you require any further information regarding rental payments. The building contractor appointed by PBMS to construct the communications site is Peck Jones. Their Construction Manager will be contacting you in the near future to arrange a date for a pre-contract meeting to take place in order to discuss the building program and agree to a date for the commenccrrccnt of the building work. In the meantime should you require any additional information please do not hesitate to contact our Site Acquisition Representative, Annette Fullerton, at(714) 825-8095 or PBMS Construction Manager, Mark Rivera at (714) 825-8086. Sincerely, Charles J. Vranek Network Deployment Manager cc: Barbara Hendricks, Property Manager, H.Q. SBA, Inc.•Wireless Communications Consultants National&International 2955 Redhill Avenue Costa Mesa,CA 9262 CM-090-12 Huntington Beach Fire Department May 6, 1996 City of Huntington Beach Fire Department Attention Michael P. Dolder Fire Chief 2000 Main Street Huntington Beach,CA92648 Re: CM-090-12, Memorandums of Lease, Rent Check Dear,Michael P. Dolder: Enclosed are the following: 1.) One check numbered 1944 from Pacific Bell Mobile Services made payable to the City of Huntington Beach in the amount of$1,250.00. This check covers the first montWs rent. Rent commenced on May 1, 1996;and 2.) Three copies of a Memorandum of Lease for execution. Please take the following actions regarding these documents: 1.) Please deliver the$1,250 check to the proper authorities in the City of Huntington Beach;and 2.) Please fully execute all three(3)copies of the Memorandum of Lease, and mail two(2) copies back to me in the enclosed self-addressed envelope. All signatures on this document must be notarized. Please have all parties initial every page of the document in the bottom right hand corner. This document will eventually be recorded at the County Recorder's Office. It is important to make sure the Memorandum of Lease documents are appropriately dated when they are signed. The blank where the date is filled in is located at the top of the first page. These documents were typed in the month of May. However, the proper authorities may not be in a position to sign them until the month of June. If the documents are signed in June, it will be necessary for you to line through the word May, write June below it, fill in the day of the month the documents were signed, and then have all parties initial the change. City of Huntington Beach Fire Department Attention Michael P. Dolder Fire Chief May 6, 1996 Page 2 of 2 Should you require any additional information, please contact me at(714) 825-8071. Thank you for all your help and I will look forward to working with you in the future. Sincerely, �j Tim Craven SBA, Inc. An Independent Contractor Representing DBMS "1TC/d j a Enclosures cc: file SBA SBA,Inc. •Wireless Communleatlons Consultants National&International 2955 Redhill Avenue 2-3 ^'t 17 `7 Costa Mesa,CA 92626 iti!'� '�r t r r :J• I May 23, 1996 Mr. Scott F. Field Deputy City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Scott, here is a copy of the Signing Authorization for Charlie Vranek. If you need anything else please call. Tic l, PACIFIC 13BELL. Mobile Services 4410 Rosewood Drive, Building 1, 4th Floor, Pleasanton, CA 94588 510/227-4244 M E M O R A N D U M DATE: December 12, 1995 TO: SDM's (see distribution) CC: Ken Elmer Caroline Houston Barbara Hendricks T.J. Natale FROM: Chuck Johnsto RE- Site Lease Appro s Effective immediately, all Site Development Managers have the authority to sign all lease agreements, regardless of the monthly lease rate, signing bonus and CPI increase. The one exception to this authority level is the lease with a term of less than five years. For those leases that are less than five years in duration prior approval from Ken Elmer is required. Please use the Lease Certification/Site Rental Authorization form to obtain that approval. These forms should be sent to Barbara Hendricks. Even though five years are acceptable as a last resort, we believe all of our independent contractors, should still make every effort to negotiate a minimum term of fifteen years. Following execution of the lease, a Lease Certification/Site Rental Authorization form together with a copy of the lease must be completed and forwarded to the Property Manager at Headquarters within 1 week where the lease contains the following provisions: 1. $ amount exceeds $700/month _-- 2. CPI maximum exceeds 5% per year 3. Stepped increases that exceed 5% per year It is essential that all lease agreements that are not in the standard PBMS form or utilize the standard PBMS 'drop-in' language undergo a final legal review by an authorized PBMS attorney or paralegal prior to execution. Distribution: Charlie Vranek Deni Harri§_ Kevin Flaherty Ann Goodwin Phil Millenbah Mike McWhirter Shawn O'Connor Bob Berger Kay Hennessy iLtti No, $64 08/20 '95 14*8 iD ABr1S 61_ ccrSOr28 ,95 �p 4 Corporate APPMvale RESOLVED that the President, any Vice President, and the Chief Financial Officer of this corporation, and each of them, are authorized, for and an behalf of this corporation, to execute and approve any and all contracts, leases, bills, vouchers, advances, capital expenditures, and general business and financial matters reasonably necessary for eandueting the usual affairs of Ws corporation, with such varying terms and amounts as are deemed appropriate In file or her sole disa*00m, and to designate In writing other officers or employees of this corporation who are and shall be empowered to execute and approve such matters In his or her place and steed; provided, however, that no authority hereby conferred shall conflict with any duthority conferred by the By-Laws of this corporatlon; And be It FURTHER RESOLVED that when thip Board by resolutlam has authorized an officer or employee of this corporation to so act, or whom the President, any We President or the Chief Financial Officer has designated an officer or employee of this corporation to execute and approve on behalf of this corporation contracts, leases, bills, vouchers, advances, capital expenditures, and general buslness and financial matters, in the event of th®: absence of such officer or employee, any other officer or employee who has been specifically authorized In wrlgmg by the absent officer or employee to act in h1s or her place and steed may exercise the authority so delegated by the absent person to execute-and-approve such documents on behalf of.this corporation; and be It FURTHER RESOLV90 that the preceding resolutions supersede the resolutions adopted by this Board on June 7, 1994 regarding corporate approvals. Board of Directors Pacific Bell Mobile Services April Zs, 1995 d L90T T80 ETZ 18931 '0''1 713H Jdd Wd09:2T 96, SZ 13S� 111101W FIL F, No. 854 QS/24 '85 14 38 ID:PUM 51_ ....,p3e =r mrt SEP 02 I 20 'w MM 3 I certtly►that the 8:11Mhad Is a full, true and comig copy of certain resolutions duly adopted by the Board of plractors of Paolflc Ban Mobile Services on Apr1l 26, 1995, and ae In efpeot on the date hareof. These reaolutlons empower K. E. Elmer, Chief Financial Offker,to axecute and approve all lease documents an behalf of Paollla 9811 Mobile 3ervke8. 6A� w e E. Chung Dated: 64m Francisco, CalNornia September 12, 1906 E'd Z901 18b E12 7&:)33 'U'1 'Tl M Obd Wt 6S:11 Sb. SZ d3S • • PACIFIC MBELLs Cosa-'vlasa,Cantraia:2625 Mobile Services May 28, 1996 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 c -- 'S Our ref.: CM-090-12 - -._ T co v- Dear City Clerk: PROPOSED COMMUNICATIONS SITE Fire Station 19711 Bushard Street' Huntington Beach, CA 92646 This letter will confirm, pursuant to paragraph 4 of the lease agreement entered into on the 18th day of April 1996, that the lease commencement date is May 1. 1996. However, PBMS has not yet obtained the necessary planning and building permits to begin construction. Check number 1944 for the first monthly payment was sent to your attention April 30, 1996, and included rent from May 1 - May 31, 1996. All subsequent rental payments will be made on the first day of the month and will be sent from the PBMS Accounting Group. Please call our Property Manager, Ms. Barbara Hendricks, on (510) 227-3189 if you require any further information regarding rental payments. Should you require any additional information please do not hesitate to contact our Site Acquisition Representative, Annette Fullerton, at (714) 825-8095. Sincerely, N'J'-'j , kw'."L Charles J. Vranek Network Deployment Manager cc: Barbara Hendricks, Property Manager, H.Q. A -. FFp,t,.r ,,, . .SulpIT • PACIFIC13BELL, Costa Mesa.Cadunia92e26 RECEIVEFj Mobile Services CITY May 13, 1996 H#1.r1rI +r;` e�, G ++i1 J ! 1 City Clerk � City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 Our ref.: CM-089-11 Dear City Clerk: PROPOSED COMMUNICATIONS SITE, 7111 Talbert Avenue, Huntington Beach, CA 92648 Pursuant to paragraph 4 of the lease agreement entered into on the 18th day of April 1996, I am pleased to announce that we have obtained the necessary planning and building permits to begin construction. The Operational Phase commencement date of the Initial Term is May 10, 1996. Check number 1946 for rental period May 1 - May 31, 1996 was sent to your attention April 30, 1996. The first payment was calculated from the Permit Phase commencement date. All subsequent rental payments will be made on the first day of the month and will be sent from the PBMS Accounting Group. Please call our Property Manager, Ms. Barbara Hendricks, on (510) 227-3189 if you require any further information regarding rental payments. The building contractor appointed by PBMS to construct the communications site is Peck Jones. Their Construction Manager will be contacting you in the near future to arrange a date for a pre-contract meeting to take place in order to discuss the building program and agree to a date for the commencement of the building work. In the meantime should you require any additional information please do not hesitate to contact our Site Acquisition Representative, Tim Craven, at (714) 825-8071 or PBMS Construction Manager, Mark Rivera at (714) 825-8086. Sincerely, Charles J. Vranek Network Deployment Manager cc: Tom Gibbons, Peck Jones cc: Barbara Hendricks, Property Manager, H.Q. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK S.B.A., Inc. 2955 Redhill Avenue Costa Mesa, CA 92626 Attn: Dan Michel Enclosed are four copies of the Pacific Bell Mobile Services- Master Communications Site Lease Agreement. These agreements contain original signatures. When fully executed, please forward an original agreement to: Connie Brockway, City Clerk Office of the City Clerk 2000 Main Street Huntington Beach, CA 92648 Thank you. Connie Brockway, CMC City Cleric 17elephone:714-536.6227} (9) 4/15/96 - Council/ ency Agenda - Page 9 additional reAere secured from public parking for the Oly Torch Relay activities.) Pd by the Community Services Departure . (320.20) [APPROVED 7-0 J E-16. (City Council) Resolution No. 96-30 -Authorizes Procedure for Destruction of Police Records-Adopt Resolution No. 96-30 - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE RECORDS." (Updates Resolution No. 5089, adopted February 1, 1982 relative to the destruction and purge of Police Department records.) Prepared by the Police Department. (170.50) [ADOPTED 7-0 J E-17. (City Council/Redevelo ment AgencyiResowtions Adopting the Policies and Procedures Manual for Down Payment Assistance Loan Program &Acceptance of Loan Agreements for Official Filing 1. Authorize the City Clerk/Clerk to file on behalf of the City Council/ Redevelopment Agency, the 18 Down Payment Assistance Loan Program Agreements, as repaired to protect the city's interests pursuant to the previous direction of the City Council. [DEFERRED TO 4122196 and, 2. Adopt Council Resolution No. 96-29 and Agency Resolution No. 273 adopting the Down Payment Assistance Loan Program Policies and Procedures Manual prepared by Kristine Price, Auditor, and direct that any substantial revisions to the manual be approved by the City Council/Redevelopment Agency. Prepared by the City Clerk and Economic Develooment Director, (600.05) [DEFERRED TO 41221961 E-18. it Council Master Communications Site Lease Acireement License Agreement Between City and Pacific Bell Mobile Services-Approve and authorize the Mayor and City Cleric to execute a Master Communications Site Lease Agreement between the City of Huntington Beach and Pacific Bell Mobile Services allowing the Installation of PCS facilities at the Central Library and Fire Station 3 - Bushard, subject to the receipt of all required permits and approvals. Prepared by Fire Chief Administrative Services Director, and Community Development Director. (600.10) [APPROVED AS AMENDED TO REMOVE WORDING RELATIVE TO LICENSE AGREEMENT(LICENSE AGREEMENT TO COME LATER) 7-0 E-19. (Ci-TCouncill Resolution No_96-33 -Approves the Submittal of lmproyement Proectfs)to the Orange County,_Transportation Authority For Funding -Adopt Resolution No. 96-33-"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SUBMITTAL OF IMPROVEMENT - PROJECT(S)TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." (Request for matching funds from the Orange County (CTFP) Combined Transportation Funding Programs for various street and traffic signal improvement projects within the city for fiscal year 1996-1997). Prepared by the Public Works Department. (800.45) [ADOPTED 7-0 E-20. (City Council) HBTV-3 Telethon to Raise Money for the 1996 Fourth of JUIy '�.._ Para a Festivities -Authorize HBTV-3 to hold a telethon on June 8, 1996 to raise money for the July 4, 1998 parade festivities. Prepared by Administration. (960.30) [APPROVED 7-0 J- . (9) • i SBA SBA,Inc.-Wireless Communications Consultants National&International 2955 Redhill Avenue Costa Mesa.CA 92626 April 25, 1996 City of Huntington Beach-Office of the City Clerk Attn: Connie Brockway,City Clerk 2000 Main St. Huntington Beach,CA 92648 Re: CM 90-12 H.B. Fire Station Master Lease Agreement Dear Ms. Brockway: Enclosed please find a fully executed copy of the Master lease agreement between City of Huntington Beach as Lessor and Pacific Bell Mobile Services as Lessee. If you have any questions,please do not hesitate to call me at my office(714)825-8095. Thank you, Annette Fullerton SBA, Inc. An Independent Contractor Representing PBMS Enclosures cc: file S CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK S.B.A., Inc. 2955 Redhill Avenue Costa Mesa, CA 92626 Attn: Dan Michel Enclosed are four copies of the Pacific Bell Mobile Services - Master Communications Site Lease Agreement. These agreements contain original signatures. When fully executed, please forward an original agreement to: Connie Brockway, City Clerk Office of the City Clerk 2000 Main Street Huntington Beach, CA 92648 Thank you. Connie Brockway, CMC City Clerk (Telephone:714-5 3"227) .owl DESIGN REVIEW BOARD MINUTES Thursday, December 14, 1995 3:30 PM Members Present: Frank Higgins, Chuck Davis, Commissioner Tillotson Members Absent- Linda Niles, Jodi Rios Staff Present: Brian James A. REVIEW AND APPROVAL OF MINUTES: THE MINUTES OF NOVEMBER 9, 1995,AND NOVEMBER 30, 1995,WERE CONTINUED DUE TO A LACK OF ELIGIBLE VOTING MEMBERS. B. DESIGN REVIEW NO. 95-52/CUP NO. 95-96: Applicant: Evergreen Devco. Inc., Breit Heron, 1300 E. Missouri #A-200. Phoenix, AZ 85014 Request: Review the colors, materials, and design for a proposal to construct a new 1,900 square foot pharmacy building. Location: 1-1 502 Beach Boulevard (Southeast corner of Beach and Slater) Action: Recommendation to the Zoning Administrator Susan Pierce, Associate Planner, displayed site plans, colored elevations, photographs, a massing model, and a materials board depicting a proposal to construct a new 1,900 square foot pharmacy building. Gregg Alpca and Brett Heron were present to answer questions. CHUCK DAVIS MADE A MOTION TO RECOMMEND APPROVAL OF THE PROJECT AS PRESENTED ON THE SITE PLAINS DATED DECEMBER 5, 1995,AND ELEVATIONS DATED NOVEMBER 20, 1995,WITH THE FOLLOWING MODIFICATIONS: ' 1. ANY CHAIN LINK FENCING ON THE PROPERTY SHOULD INCLUDE EITHER BLACK. DARK BLUE, OR DARK GREEN SLATS. COMMISSIONER TILLOTSON SECONDED THE MOTION AND IT PASSED 3-0. C. DESIGN REVIEW NO. 95-49 (Continued from November 30, 1995): Applicant: Susan A. De Santis, 1300 Dove St., Suite 100,Newport Beach, CA, 92660 Request'. Review the colors,materials,and design for a proposal to install cellular antennas and a transceiver station to the exterior of the Central Library building. Location: 7111 Talbert Avenue(Central Library) Action: Final Susan Pierce, Associate Planner, displayed site plans,photographs, and colored renderings depicting a proposal to install cellular antennas and a transceiver station to the exterior of the Central Library building. Arm Fox was present to provide additional information. CHUCK DAVIS MADE A MOTION TO APPROVE THE COLORS,MATERIALS,AND DESIGN OF THE PROPOSED ANTENNAS AS PRESENTED ON THE PLANS DATED NOVEMBER 6, 1995, WITH THE FOLLOWING CONDITIONS: 1. ALL ANTENNAS MOUNTED TO THE OUTSIDE OF THE ROOF TOP PARAPET WALL SHALL BE COLORED AND TEXTURED TO MATCH THE EXISTPgG PARAPET WALL. SUCH ANTENNAS SHALL NOT EXTEND ABOVE THE PARAPET WALL HEIGHT. 2. ALL EQUIPMENT LOCATED INSIDE THE PARAPET WALL SHALL BE COLORED TO MATCH THE EXISTING ROOF. FRANK HIGGnS SECONDED THE MOTION AND IT PASSED 3-0. D, DESIGN REVIEW NO. 95451 CUP 95-88/CDP 95-30: Applicant: Martin Jaconi, 16421 Martin Ln.. Huntington Beach, CA 92649 Request: Review the colors, materials, and design for a proposal to construct a 105 square foot outdoor dining patio enclosure i%ith a 6' !C" wall within the side yard setback. Location: 200 Main Street, Suite 101 A(Joker's Restaurant) Action: Recommendation to the Zoning Administrator Mare Beth Broeren. Assistant Planner, displayed photographs. colored elevations. and site plans depicting a proposal to construct a I square font outdoor dining patio enclosure with a 6' 10" tiall within the side yard setback. Martin)aconi was present to answer any questions. FRANK HIGGINS MADE A MOTION TO RECOMMEND APPROVAL OF THE COLORS. MATERIALS,AND DESIGN OF THE OUTDOOR PATIO AREA AS PRESENTED ON THE PLANS DATED OCTOBER 6, 1995,WITH THE FOLLOWING MODIFICATIONS: 1. THE FRAMING MATERIAL FOR THE GLASS ENCLOSURE SHALL BE COATED WITH ANODIZED ALUINIIINUM. 2. THE PATIO FLOOR TILE SHALL MATCH,IN COLOR, THE ENTRY WAY FLOOR TILE. COMMISSIONER TILLOTSON SECONDED THE MOTION AND IT PASSED 3-0- E. DESIGN REVIEW NO. 95-511CL'P NO. 95-951V NO. 95-91: Applicant: D&E Architects, 6116 N. Central Expressway St.,Dallas, TX 75206 Request: Review the colors, materials, and design for a proposed 7.342 square foot restaurant that includes a variance request for a reduction in the front yard setback and required landscaping. Location: 7777 Edinger Ave. (Macaroni's) Action: Recommendation to the Zoning Administrator Cathy Johnson, Assistant Planner,displayed colored elevations,a massing model, and site plans depicting a Proposal to construct a 7.342 square foot restaurant. The proposal includes a variance request for a reduction in the front yard setback and required landscaping. The applicant was not present. Design Review Board Minutes 12'14\95 2 COMMISSIONER TILLOTSON MADE A MOTION TO CONTINUE THE REQUEST UNTIL THE APPLICANT HAS FINALIZED THE DESIGN OF THE PROPOSAL. THE BOARD HAD THE FOLLOWING RECOMMENDATIONS: 1. THE ROOF EQUIPMENT SHOULD BE SCREENED FROM FREEWAY VIEW. 2. THE ORIENTATION OF THE ENTRANCE SHOULD BE REVISED TO ALLOW CONVENIENT ACCESS BY RESTAURANT PATRONS. 3. THE AMOUNT,TYPE,AND PLACEMENT OF LANDSCAPING SHOULD BE ADDRESSED. 4. THE VIEW OF THE BACKSIDE OF THE PARAPET WALLS SHOULD BE CONSIDERED. CHUCK DAVIS SECONDED THE MOTION AND IT PASSED 3-0. F. DESIGN REVIEW NO. 95-50: Applicant: Craig Larson. 312 Chicago St. B.Huntington Beach, CA 92648 Request: Review of the colors, materials, and design for a proposal to construct a new 2,662 square foot single family dwelling in the Downtown Specific Plan District 2. Location: 122 22nd St. Action: Final Brian James, Assistant Planner,displayed colored elevations, photographs, and site plans depicting a proposal to construct a new 2,662 square foot single family dwelling in the Downtown Specific Plan District 2. Craig Larson and Caz Begovich mere present to provide additional information. CHUCK DAVIS MADE A MOTION TO APPROVE THE REQUEST AS PRESENTED ON THE PLAINS DATED NOVEMBER 13, 1995. FRANK HIGGINS SECONDED THE MOTION AND IT PASSED 3-0. G. ADJOURNMENT: FRANK HIGGI S ADJOU&N- ED THE MEETING AT 4:30 P.M. H. APPROVAL OF December 14, 1995, MINUTES Respectfully Submitted, Approved, Brian James, DRB Secretary Frank Higgins,DRB Chairman BJ:G:drbm03] Design Review Board Minutes 12\14 95 3 PACIFIC [3BELL Mobile Services WIRELESS COMMUNICATION Technical Background Wireless communication provides an alternative to traditional ground-wired telephone service. There are three types of wireless communications: cellular, enhanced specialized mobile radio (ESMR); and personal communications services (PCS). Once in place, PCS will greatly expand the types of services provided by wireless communications. Introduction Wireless Technology Wireless communications are transmitted through the air wireless communication is accomplished by linking a by radio frequencies.The two oldest forms are cellular wireless network of radio wave transmitting devices such and enhanced specialized mobile radio(ESMR),both of as portable and car phones,to the conventional telephone which are transmitted by radio waves. The newest form of system through a series of short-range,contiguous cells. wireless communications,personal communications Similar to a honeycomb pattern,a cellular system is services(PCS),is transmitted by radio waves at composed of many neighboring and interconnecting"cell microwave frequencies. sites,"or geographical areas. Each cell site within the system contains transmitting and receiving antennas.As a ■ Cellular—In 1974,the Federal Communications customer enters one cell and exits another,the call is Commission(FCC)eliminated several UHF transferred between the cells by a computer called the television band channels to make room for cellular Mobile Telephone Switching Office(MTSO). telecommunications technology. This technology was first marketed in the form of car phones:cellular Calls can originate or be received from a wireless source technology made it possible for a caller to travel because antennas share a fixed number of frequencies while communicating with someone at a conventional across the cellular grid. That is,while a caller may dial telephone or another mobile phone user. her destination number from within the radius of one cell antenna,she may travel into the radius of another during • ESMR—Using a technology similar to that of the call. At the same time,the call is handed off from one cellular,enhanced specialized mobile radio(ESMR) antenna to the next. While the caller is moving,the is another form of wireless communications. ESMR cellular antennas are automatically locating an unoccupied specializes in providing services to the mobile work frequency on the next antenna,thus enabling continuous, force.Through units that are larger than existing uninterrupted transmission. cellular telephones,but smaller than standard radios, services such as paging,dispatching,conference The wireless industry was provided with radio waves at calling,and mobile communications are provided. frequencies between 800 and 900 megahertz(MHz)of the radiowave spectrum. ■ PCS—The next generation of wireless communications is called personal communications Cell Sites services.Consumers of PCS will be offered more affordable services such as voice communication, Cell sites are located throughout the service area to provide paging,facsimile services,E-mail,video adequate call coverage,capacity and quality. There are telecommunications,and cellular digital data three basic types of cell sites: communications(CDPD). Eventually,customers may have one single phone number for many of those ■ Coverage sites serve to expand coverage in large areas services,regardless of location. or in areas with difficult terrains and to enhance coverage for portable systems.Coverage sites allow Because the cellular system is the most"mature"and users to make and maintain calls as they travel between understood,the paper will focus on its technology, cells. building upon it to explain ESMR and PCS technologies. Briefing Paper., Technical Background Page 4 January 9, 1996 PACIFIC ® BE Mobile Services BELL ■ Capacity sites serve to increase the capacity when Analog and Digital Technologies surrounding sites have reached their practical channel limits. Traditionally,wireless phones utilized analog transmission signals. In the analog technology,voice messages are ■ Transition sites are needed for frequency re-use. Tall electronically replicated and amplified as they are carried monopoles sometimes create a problem in frequency from the transmitting antenna to the receiving antenna.A reuse because they"see"everything. In order to control problem,however, is that the amplification procedure tends frequency reuse problems,these tall facilities must be to pick up"noise,"sometimes making the message difficult removed and replaced temporarily by transition sites. to hear. In order to diminish this noise,the cellular industry Transition sites allow the cellular company to increase is beginning to use digital transmission signals. This digital capacity and maintain coverage simultaneously. conversion will also help create a higher level of privacy on wireless systems. Antennas and Towers There are two forms of digital technology:time division Cell sites consist of antennas and electronic switching multiple access(TDMA)and code division multiple access equipment which are connected to other sites and the (CDMA).Both of these forms of digital technology attempt MTSO. Three main types of antennas are used: to render multiple access over one frequency,or channel. TDMA is expected to increase frequency re-use three to ■ Omnidirectional antennas,also called whip antennas, ten-fold over analog technology;CDMA is expected to serve a 360-degree area. These are typically up to 16' increase frequency re-use twenty-fold. Because CDMA is in length and approximately 2" in diameter. in earlier developmental stages than TDMA and will require a complete change of equipment and techniques ■ Directional antennas,also known as panel or used,it is expected to be the most expensive;"GSM,"or rectangular antennas,are used to achieve transmission Global System for Mobile Communications,is a form of or reception in a specified direction. The panels TDMA already in widespread use to countries in Europe typically range from I'xl'x0.5;to 1'x4'x0.5'in size. and Asia. PBMS has chosen GSM as its technology platform. ■ Microwave antennas are used to link different types of telecommunications facilities,such as a portable phone Whereas cellular carriers are in the process of converting to to a conventional telephone. The dishes generally the digital technology, ESMR already uses it and PCS is range from 2'to 4'in diameter,with some as large as 6' being developed to run on digital technology. in diameter. In order to have a clear line-of--site,antennas must be ESMR Technology mounted high enough to overcome challenges posed by Both cellular communications and ESMR function in the local topography and developmerit. The required height is 800 frequencies of the electromagnetic spectrum,and thus usually proportional to a combination of the distance operate in technically similar manner. Nextel a national antennas can cover and the demand for cellular service service provider is now calling its technology 9DEN," within their radius. Antennas can be mounted on free- integrated Digital Enhanced Network. standing cellular towers(monopoles),guyed towers and lattice,or self-support towers. Antennas can also be placed Nextel's integrated unit is a handset that includes a mobile on rooftops and other building features if the building's telephone,a dispatch radio,an alphanumeric pager,and a height can accommodate a service area. voice mail system.These services can be tailored to the customer's needs.Because its dispatch services can Power additionally be used as a private intercom,the iDEN technology is well-suited for the mobile work force and for Typical wireless telephones function on no more than 0.6 companies with vehicles in different locations. watts of power—less than the power needed to operate the light bulb of a flashlight. Since cellular phones transmit The iDEN technology has a 6:1 ratio of voice channels to signals to cellular towers,more energy is needed when the cellular,thus requiring fewer antenna sites than the cellular customer is at greater distances from the tower. For industry. instance,if the caller is far from the tower,the telephone may use its maximum 0.6 watts of power to relay the PCS Technology signal.However, if the caller is close to the tower,the telephone may utilize merely 0.2 watts of power. PCS is basically an expanded,more advanced and cost- effective network than the current cellular and ESMR Briefing Paper: Technical Background Page 2 January 9, 1996 PACIFIC BELL MobtServlces systems. Like cellular,the PCS system uses wireless access modem. The PCS system also has short message services and is designed with mobility needs in mind. which allow the user to receive and send short messages to/from the mobile phone. Unlike the conventional paging As with cellular systems,PCS will employ transmission system, if the user's phone is not turned on,the message stations that carry and hand-off phone signals as the caller will be saved and sent when the user is ready. moves from one area to another. The PCS systems will work at the 19OOMhz frequencies and will incorporate all The PCS system allows the user to define when and where the services--and more--available from the current cellular they want to make or receive calls. The PCS system user systems. Like the ESMR systems,the PCS system is a can be assigned a single number and through a follow me digital technology with an 8:1 ratio of voice channel to calling technique,the system will route the call to the user cellular. This allows for greater system capacity--far wherever they are. beyond that of cellular. In summary,the PCS system incorporates all the PCS digital technology,a GSM based technology,uses technological advances made by the cellular and ESMR highly encrypted signaling making eavesdropping on a call systems to provide a single platform for mobility. nearly impossible. The encryption and encoding algorithms are highly advanced requiring a would be eavesdropper to listen to the signal for days before they could decode it(unlike cellular where it takes merely minutes). A key advantage of the PCS technology is the advanced features. In a cellular system a highly mobile user would require a cellular phone,pager,and cellular modem. The PCS technology incorporates all those devices into on"e phone. A PCS phone acts as pager,cellular phone,and P-1PCB-03%OP-TECH WPD Briefing Paper., Technical Background Page 3 January 9, 1996 :y'! . ,.girl I R, It I I SBA S9A,Inc. • Wireless Communications Consultants &We In the State of California as SBA Consulting Services,Inc. ANNETTEFULLERTON Office: (714)825-8095•Pager:(714)346-7855 Corporate Office: Project Office: Goal Broken Sound Parkway 2955 Redhill Avenue Suite 400 Costa Mesa,CA 92626 Boca Raton,F! 33487 USA FAX:(714)825-8070 FAX:(407)995.7626'