HomeMy WebLinkAboutNew Cingular Wireless PCS, LLC - 2022-03-01 2000 Main Street,
Huntington Beach.CA
City of Huntington Beach 92648
File #: 21-853 MEETING DATE: 3/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and execute a Site License Agreement between New Cingular Wireless (AT&T) and
the City of Huntington Beach for a wireless communication facility located at Fire Station 6 -
Edwards
Statement of Issue:
The City Council is asked to consider approval of a Site License Agreement with New Cingular
Wireless (AT&T) for the wireless facility (mono pole) located at of Fire Station 6 (Edwards Fire
Station).
Financial Impact:
Increase in General Fund revenue in the amount of $3,500 per month, with 3% rent escalations per
annum, with an additional one-time payment of $45,000, for a total license value of$1,576,289.10.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the "Site License Agreement For
Installation and Use of a Communications Antenna Facility and Supporting Equipment Between the
City of Huntington Beach and New Cingular Wireless PCS, LLC" for the telecommunications facility
at Fire Station 6 - Edwards based on the terms and conditions as presented herein.
Alternative Action(s):
Do not approve and advise City staff on how to proceed.
Analysis:
As a result of increasing consumer demand for wireless communications, New Cingular Wireless
(AT&T) is actively working to expand their telecommunications network within the City of Huntington
Beach.
In 1999, Fire Station 6 - Edwards was designed and constructed at 18591 Edwards Street. New
Cingular Wireless (AT&T) has requested permission to construct a new wireless telecommunications
facility and install associated equipment on City property at Fire Station 6 - Edwards. The design of
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File #: 21-853 MEETING DATE: 3/1/2022
ATV's antenna meets the current city standards for new wireless facilities.
Staff has prepared a site license agreement with New Cingular Wireless. The initial term of the
license shall be for ten (10) years commencing on the earlier of (i) the first day of the month following
written notice to the City by the Licensee of its intent to commence installation, or (ii) the first day of
the month following ninety (90) days after execution. The license will automatically renew for four (4)
additional five (5) year terms (renewal terms) which will be held to the same terms and conditions set
forth in the Site License Agreement. The renewal of this agreement allows for either side to not renew
with one hundred eighty (180) days written notice.
The Site License Agreement stipulates that AT&T shall pay the City a onetime Administrative Fee in
the amount of forty-five thousand dollars ($45,000), in addition to a monthly license fee of three
thousand five hundred dollars ($3,500) for the first year of operations. The City and AT&T have
agreed that the license fee shall increase by three percent (3%) per year, effective the first day of the
month following the anniversary of the commencement date. As a result, the agreement will provide
a total of more than S1.5 million for the City's General Fund over the life of the agreement.
AT&T has agreed that it will not interfere with the City's own communications network, and if it does,
the City has the ability to turn off power to the antenna. AT&T has agreed to the terms and conditions
contained in the attached site license agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1 . Site License Agreement For Installation and Use of a Communications Antenna Facility and
Supporting Equipment Between the City of Huntington Beach and New Cingular Wireless
PCS, LLC
City of Huntington Beach Page 2 of 2 Printed on 2124/2022
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SITE LICENSE AGREEMENT FOR INSTALLATION AND USE OF A
COMMUNICATIONS ANTENNA FACILITY
AND SUPPORTING EQUIPMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND NEW CINGULAR
WIRELESS PCS, LLC
THIS SITE LICENSE AGREEMENT FOR INSTALLATION AND USE OF A
COMMUNICATIONS ANTENNA FACILITY AND SUPPORTING EQUIPMENT ("License")
is made and entered into this L of au Na ��("Effective Date"), by and between the
City of Huntington Beach, a municipal corporation of the State of California("CITY"),and New
Cingular Wireless PCS, LLC, a Delaware limited liability company ("AT&T") (collectively, the
"Parties,"and individually, a"Party").
The Parties hereto agree as follows:
RECITALS
A. CITY owns the real property described in the attached Exhibit A and commonly
known as the Edwards Fire Station located at 18591 Edwards Street, Huntington Beach,
California, Assessor's Parcel Number 110-511-13, as more particularly described in Exhibit A,
attached hereto (the "Property").
B. AT&T wishes to license a portion of the Property from CITY for the construction,
installation and operation of a communications facility, subject to the terms and conditions stated
in this License. CITY hereby agrees and consents to AT&T's construction, installation and
placement of the Facilities (defined in Section 1.01(e) below) on the Property, as described in
Exhibit E, attached hereto, subject to the terms and conditions set forth below.
C. The following Exhibits are attached and incorporated by reference into this
License:
A. Legal Description of the Property
B. Site plan depicting Permanent Premises
C. Site plan depicting Conduit Easement Areas
D. Site plan depicting Access Easement Areas Premises
E. Site plan depicting AT&T Facilities and Specifications
F. Performance Bond
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ARTICLE I — TERM OF LICENSE
Section 1.01 Premises and Use
(a) CITY hereby licenses to AT&T that portion of the Property described and
depicted on the attached Exhibit 13 (the "Permanent Premises") for siting an antenna tower, and
other equipment.
(b) CITY also grants AT&T during the Lease Term of this License a non-exclusive
casement under that certain portion of the Property to install, operate, maintain, repair and/or
replace utility wires. cables. conduits and pipes under those portions of the Property depicted on
the attached Exhibit C as the `Conduit Easement Areas" connecting the Permanent premises
with the nearest points of utility service to the permanent Premises, all according to the plans and
specifications approved in writing in advance by CITY. CITY's approval not to be unreasonably
withheld, conditioned or delayed. Upon completion of AT&T's initial improvements in the
Conduit Easement Areas, AT&T. at its sole cost and expense, shall provide CITY with as-built
drawings of the utility wires, cable, conduits and pipes in the Conduit Easement Areas. which
drawings shall thereafter define the Conduit Easement Areas.
(c) CITY also grants AT&T during the Lease Term of this License the non-exclusive
right of ingress to and egress from the Permanent Premises and the Conduit Easement Areas, as
applicable, on loot or motor vehicle, including half ton or less trucks, over and across the
portions of the property depicted on the attached Exhibit D as the "Access Easement Areas."
(d) The permanent Premises, Conduit Easement Areas and the Access Easement
Areas are collectively referred to herein as the "premises." Except as otherwise expressly set
forth in this License, AT&T hereby accepts the Premises in their Current "AS IS" condition,
without representation or warranty, express or implied, and subject to all matters of record.
(e) "Facilities" means the equipment and structures that AT&T will install on the
Premises, including antennas and microwave dishes, air conditioned equipment shelters and/or
base station equipment, cable, wiring, power sources (including emergency backup batteries),
related equipment and structures, walls and fencing, and an antenna Support structure. The
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Facilities, including their overall dimensions and physical specifications are set forth in the
attached Exhibit 1-7.
(0 The right and permission of AT&T is subordinate to the prior and paramount right
of CITY to use the Property in its entirety for public purposes to which now is and may, at the
option of CITY, be devoted. AT&T undertakes and agrees to use the Premises and to exercise
this License at all times in such manner as will not adversely interfere with the full use and
enjoyment of the Property by CITY including emitting frequencies that may affect CITY public
safety communications.
(g) AT&T acknowledges that its right to use the Property for the Facilities is
subordinate to the prior and paramount right of third parties who have existing agreements with
the City to use the Property for other telecommunications antennas which pre-date this License.
AT&T undertakes and agrees to use the Premises and to exercise this License at all times in such
manner as will not interfere with the fill use and enjoyment of the Property by these third
parties, including emitting frequencies that may affect the telecommunications of these third
parties, provided such third parties are operating within the terms of their respective leases, and
in accordance with all applicable laws and regulations.
(h) AT&T hereby acknowledges title to the Property is vested in CITY and agrees
never to assail or resist the same. and further agrees that AT&T's use and occupancy of the
Premises shall be referable solely to the permission herein given.
(1) Except as otherwise permitted in this License. AT&T shall have no right to
independently negotiate and/or physically collocate additional carriers on the Property.
Section 1.02 Condition Precedent
(a) This License is conditioned upon AT&T receiving a license, or already having a
license, from the Federal Communications Commission ("FCC"), and all other applicable
governmental permits and approvals, including any conditions of approval thereto, enabling
AT&T to construct and operate the Facilities.
(b) AT&T shall obtain all necessary governmental approvals for the Facilities
required by law, including without limitation, compliance with all applicable CITY ordinances
and regulations of general application now in effect or subsequently enacted, including, but not
limited to those concerning land use, zoning and building, encroachment permits, and business
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licenses. AT&T acknowledges that the full execution of this License does not provide any
assurance that it will obtain all necessary entitlement approvals from the CITY, or from other
Federal. State and Local regulatory agencies.
(c) Provided (i) and (ii) in this subparagraph (c) are not inconsistent with or in
violation of State or Federal law. AT&T agrees that the installation of the Facilities and any
additions or new construction to the Premises may require (i) City Design Board approval, and
(ii) City approval of a Wireless Permit and/or a Conditional Use Permit pursuant to Section
230.96 of the Huntington Beach Zoning and Subdivision Ordinance.
(d) Prior written CITY approval is required for any additions or construction to the
Facilities not depicted on Exhibits 13, C, D and E which require a building permit. Further, prior
CITY approval is required for any other additions or construction to the Facilities not depicted
on Exhibits 13, C. D & E, which approval shall not be unreasonably withheld, conditioned or
delayed. provided that only notice to the City shall be required for like-for-like replacement of
equipment of similar size and dimensions, and modifications or alterations to the Facilities that
are not visible from the exterior. City shall not unreasonably withhold, condition or delay the
foregoing approvals.
Section 1.03 Term
(a) The initial term of this License for the Premises ("Initial Term") shall be ten (10)
years commencing on the earlier of(i) the First day of the month following written notice to
CITY by AT&T of its intent to commence installation of the Facilities on the Premises. or (ii) the
first day of the month following the ninety (90) days after the date written in the first paragraph
of this License ("Commencement Date").
(b) This License will automatically renew for four (4) additional five (5) year term(s)
(each additional five (5) year term shall be defined as a "Renewal Term"), upon the same teens
and conditions set forth herein. unless either Party notifies the other Party in writing of its
intention not to renew this License at least One Hundred Eighty (180) days prior to the expiration
of the Initial Term or the then-existing Renewal Term.
(c) Each Renewal Term shall be on the same terms and conditions set forth herein.
(d) "Lease Term" shall mean the Initial Term, and any Renewal Terms, and any
month-to-month tenancy pursuant to Section 1.04(d) below.
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Section 1.04 License Fee
(a) Upon the Commencement Date. and on the first day of each month thereafter
during the Lease Term ("Payment Date"). AT&T shall pay CITY a monthly license fee of'1-hree
Thousand Dive Hundred Dollars ($3.500.00) (`License I-ce") adjusted in accordance with the
paragraphs below.
(b) The License Pee shall be payable on the first day of each month. The License Fee
is due on or before the 1 Oth day of the month. A late charge often percent (10%) shall be applied
dh
after any payment is due but unpaid before the 10 of the month. In addition, one and a half
percent (1 '/%) interest per month shall be added for each month payment hereunder is due but
unpaid.
(c) CITY and AT&T agree that the License Fee shall increase by three percent (3%)
per year, effective the first day of the month following the Commencement Date. As a result, the
License Fee shall increase as follows during the Initial Term and first Renewal Term ofthe
License:
INITIAL TERM LICENSE. FIT
Year 1 $3,500.00 per month
Year 2 53,605.00 per month
Year 3 $1713.00 per month
Year 4 $3.825.00 per month
Year 5 $3,939.00 per month
Year 6 $4.057.00 per month
Year 7 $4,179.00 per month
Year 8 $4,105.00 per month
Year 9 $4.43=4.00 per month
Year 10 $4,567.00 per month
FIRST RENEWAL TFRM 1."ICFNSE PEE
Year 1 $4,704.00 per month
fear 2 $4,845.00 per month
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Year 3 $4,990.00 per month
Year 4 S5,140.00 per month
Year 5 55,294.00 per month
(d) Any holding over after the expiration of the Lease Term and following notice
from CITY of its intent not to renew or extend the Lease Term of this License shall be construed
to be an extension from month to month at 1 '/ times (150%) the then current License Fee and
shall otherwise be on the conditions herein specified, so far as applicable.
Section 1.05 Payment Location.
AT&T shall make all monthly License Fee payments and any other fees or amounts due
under this License payable to the CITY of Fluntington Beach as follows:
Huntington Beach CITY }-Tall.
Attn: Cite Treasurer,
2000 Main Street. Huntington Beach CA. 92648.
CITY may designate in writing such other address or to such other persons as CITY may
from time to time designate in writing at least thirty (30) days prior to anv monthly License Fee
payment due date.
Section 1.06 Late Payment.
Liquidated damages of five percent (5%) of any monthly License Fee or any other
required payment to CITY shall be paid by AT&T if such payment is not paid to CITY on or
before the tenth (I Oth) day after the date on which it is due. The Parties hereby agree that such
late charge represents a fair and reasonable estimate of the costs CITY will incur by reason of a
late payment by AT&T. Acceptance of the late charge by CITY shall not constitute a waiver of
AT&T's default with respect to the overdue amount. nor prevent CITY from exercising any of
the other rights and remedies available to CITY.
Section 1.07 Administrative Fee
Within not later than forty-five (45) days after City Council approval of this License.
AT&T shall pay CITY the sum of Forty Five Thousand Dollars ($45,000) for the purpose of
offsetting costs to CITY in negotiating and administering this License, and not as additional rent
(the "Administrative Fee").
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Section 1.08 Non-Possessory Interest
AT&T shall hold title to the Facilities. The Facilities are not fixtures. CITY retains full
possession of the Property and Premises and AT&T will not acquire any interest temporary,
permanent, irrevocable, possessory or otherwise by reason of this License. AT&T will make no
claim to any such interest. Any violation of this provision will immediately void and terminate
this License.
Section 1.09 Removal of Facilities at End of Lease Term
AT&"f shall remove the Facilities at its sole cost and expense on or before the end of the
Lease 'term or within ninety (90) days after the earlier termination of this License. AT&T shall
remove the Facilities in a skillful and careful manner and without interference or damage to any
other equipment or structures on the Property and the Premises. including C1TY's use of the
Property, or any of the equipment or structures of CITY's assignees or lessees. AT&'f shall
repair any damage to the Property caused by such removal and will leave the Property in
satisfactory condition as accepted in writing by CITY within ten (10) business days from AT&T
vacating the Property and Premises.
Section 1.10 Non-Recording
AT&T xvill not record this License.
ARTICLE. 2 —TA\ES AND UTILITIES
Section 2.01 Taxes
AT&T shall pay before they become delinquent all taxes, assessments or other charges
levied or imposed by any government entity, including CITY, on the Facilities. If such taxes are
not assessed separately to AT&'1'. CITY shall provide AT&T with evidence, reasonably
acceptable to AT&T. Of such tax assessment and the amount due, which is attributable to the
Facilities and AT&T's use thereof on the Premises.
Section 2.02 Utilities
(a) During the Lease Term of this License, AT&T shall pay for. and hold CITY free
and harmless from, all utilities furnished to the Premises for the use, operation and maintenance
of the Facilities and for the removal of garbage and rubbish from the Premises.
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(b) AT&T shall have the right to install utilities and to improve the present utilities on
or near the Premises and to install temporary aboveground emergency back-up power, all at
AT&T's sole cost and expense. Subject to CITY's prior written approval within thirty (30) days
from AT&T's request of the locations. which approval will not be unreasonably withheld,
conditioned or delayed, AT&T shall have the right to place utilities on the Premises.
ARTICLE 3 — USE, APPROVALS, IMPROVEMENTS AND ACCESS
Section 3.01 AT&T's Facilities
(a) AT&T may use the Premises for its Facilities. AT&T may use the Conduit
Easement Areas for underground utility connections to the Facilities. Subject to CITY's
reasonable rules, which rules CITY shall provide to AT&T in advance in writing, provided same
are subject to, and not inconsistent with, the terms and conditions of this License, AT& T may
use the Access Easement Areas for reasonable physical access to the Facilities by AT&f's
personnel, vehicles and equipment, and AT&T's personnel may park vehicles on CITY's
Property as necessary and consistent with the authorized use of the Premises under this License.
(b) AT&T shall use the Premises only for the purpose of constructing, maintaining
and operating the Facilities, and for no other use.
(c) Any noise generated by the Facilities must conform to the noise standards set
forth in the Huntington Beach Municipal Code.
(d) Prior CITY approval is required for any additions or construction to the Facilities
not depicted on Exhibits B. C. D & E, which approval shall not be unreasonably withheld,
conditioned or delayed, provided that only notice to the City shall be required for like-for-like
replacement of equipment of similar size and dimensions, and. modifications or alterations to the
Facilities that are not visible from the exterior.
(e) AT&T shall have the right to install the improvements described on Exhibit E at
AT&T's sole cost and expense.
(f) AT&T shall not use aboveground or overhead utility wires, cables, conduits or
pipes to connect utilities across the Property to the Premises.
(g) Any and all antennas, antenna support structure. and any portions of the Facilities
visible from any public place, shall be of it "stealth" design utilizing natural colors, approved in
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writing, in advance, by CITY. Any approved stealth design shall include use of material
colorings providing not less than twenty (20) years of natural color fast quality. To ensure
compliance with this requirement, at least once every five (5) ),cars, CITY may require .AT&T to
repaint or otherwise re-color the antennas, supporting structure, and any portions of the Facilities
from any public place, so as to match the original color(s), and to replace or repair any stealthing
material that is missing, discolored, or otherwise in poor maintenance to its original quantity and
quality.
(h) Subject to AT&T's rights under this License. CITY reserves the right to add
additional City-owned telecommunication or other equipment on the Property as CITY may
require for its own purposes.
(i) CITY reserves the right to enter into additional agreements with any third party
to install and operate additional telecommunication equipment on the Property so long as the
equipment does not interfere with the Facilities. CITY reserves the exclusive right to negotiate
and collect all rents, license fees or any other payments from any arrangements it enters into kvith
such third party.
0) During the installation of the Facilities. AT&T shall cooperate with CITY's
representatives, which may monitor the installation of the Facilities, at CITY's sole cost and
expense.
(k) All of AT&T's construction/installation work shall be performed at AT&T's sole
cost and expense and completed in a good and workmanlike manner by licensed and bonded
contractors and shall not materially interfere with CITY's then existing facilities and operations.
Any and all modifications to the Property must meet all applicable structural engineering,
building and safety standards for this type of public facility.
(1) If AT&T fails to timely remove its Facilities or repair any damages to the
Premises, then ten (10) days after the removal and restoration date. CITY may elect to do so at
AT&T's sole cost and expense or elect to not remove the Facilities. AT&T's obligation to pay
the License Fee shall not cease. unless and until all the Facilities that AT&T must remove, are
removed.
(m) AT&T shall be required to provide for its own electrical service to and through
the Property to the Premises for the operation of its Facilities at AT&T's sole cost and expense.
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Any encroachment necessary for such utility service will be at a location reasonably acceptable
to CITY and the servicing utility.
(n) Each Party shall provide access to the Premises to tine other Party, and its
employees, agents, contractors and subcontractors; twenty-four (24) hours a day. seven (7) days
a week or as designated in permit approvals. Except in the case of emergencies, CITY shall give
AT&T forty-eight (48) hours notice prior to entry into the Premises, provided CITY gives AT&T
an opportunity to have its representative present, and CITY does not physically touch or interfere
with AT&T's Facilities. CITY represents and warrants that it has full rights of ingress and egress
to and from the Premises, and hereby grants such rights to AT&T to the extent required to
construct. maintain, install, and operate the Facilities on the Premises. AT&T's exercise of such
rights shall not cause undue material inconvenience to CITY.
(o) AT&T shall, at its sole cost and expense, maintain and repair the Premises,
including. but not limited to, the removal of all trash. debris and graffiti. CITY may exercise its
right to self-help and bill AT&T in the event trash, debris and graffiti are not removed in a timely
manner. If AT&-f causes any damage to the Property, to the Premises, or to access roadways or
other nearby facilities, it shall properly repair same as specified by CITY.
(q) Section 3.02 Liens
AT&T shall not permit any mechanics or materiahnan's lien. or other liens, or stop
notices, to stand against the Premises and/or Property by reason of any use or occupancy by
AT&T, or any person claiming under AT&T. If AT&T desires to contest or withhold any
payment which would lead to the placement of any such liens or stop notices, or contest any such
lien, or stop notice. then prior to commencing such contest and withholding. AT&T shall furnish
CITY with a bond to secure the payment of such obligation and obtain CITY's prior written
approval of the bond, which approval CITY shall not unreasonably delay, deny or condition.
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Section 3.03 Performance Bond (Letter of Credit]
(a) Prior to the commencement of any construction on the Premises, AT&T shall pay
for and provide the CITY with a performance bond, in substantially the form attached hereto as
Exhibit F, and naming CITY as obligee in an amount equal to $75,000 to guarantee and assure
A"f&"f's faithful performance of AT&T's obligations under this License, including without
limitation. removal obligations and payment of the monthly License Fee (the "Performance
Bond"). The amount of the Performance Bond shall be increased by the percentage of increase in
the Los Angeles-AnaheinrRiverside All Urban Consumer Price Inclex (CPI) or any relevant
successor for the Orange County area. for the preceding five (5) year Initial Term or applicable
Renewal Term, as the case may be, provided that the minimum increase shall be at least ten
percent (10%) and the maximum increase shall not exceed Fifteen percent (1 5%).
(b) CITY shall have the right to draw on the Performance Bond in the event of
default by AT&T or in the event AT&T fails to meet and fully perform any of its obligations
under this License.
(c) AT&T shall deposit a sum of money or a replacement instrument sufficient to
restore the Performance Bond to its original amount within forty-five (45) days after receipt of
notice from the CITY that any amount has been recovered from the Performance Bond. Failure
to restore the Performance Bond to its fill amount within the required forty-five (45) clays will
constitute a breach of a material condition of this License.
(d) The Performance Bond shall remain in effect until this License has been
terminated and AT&T has removed the Facilities and otherwise complied with all removal and
restoration requirements set forth in this License.
ARTICLE 4 - INTERFERENCE
Section 4.01 Interference
(a) AT&T shall operate the Facilities so as not to cause signal interference to CITY's
previously installed communication equipment or the communications equipment of other
previously authorized users of the Property whose equipment was installed prior to AT&T's
equipment installation. AT&T's operations shall not interfere with any of'CITY's
communications operations on a citywide basis, either current or future nor with any third party's
communications operations, provided that the third party's communications operations were
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installed prior to the installation of AT&T's Facilities. In the event such signal interference in
violation of this Section 4.01 should occur, AT&T shall bear all costs to remedv the interference.
All communication systems operations, operating in the same manner as of the time of
installation of the Facilities shall not be deemed interference to AT&T. All operations by AT&T
shall be lawful and in compliance with all applicable laws, including all applicable Federal
Coln un Lill ications Commission requirements.
(b) Upon CITY's request. AT&T shall provide initial proof of compliance with
original transmission tolerance and interference analysis by a certification through an
independent source.
(c) Subsequent to the installation of the Facilities. CITY shall not permit use of the
Property in a manner which interferes with the communication operations of AT&T. In the event
CITY determines that it third party's operations contained within the Property do not interfere
with AT&T's communications operations, and AT&T is still experiencing interference. AT&T
shall have the right to hire, at AT&T's sole cost and expense, a non-affiliated, third-party
consultant that is an expert in radio frequency interference issues ("Fxpert") to determine the
source of such interference. The Expert shall determine the source of such interference, and will
recommend in writing an appropriate course of action to eliminate the interference with the
Facilities. If the Expert determines that a third party's operations interfere with AT&T's
communications operations, AT&T shall provide CITY with the Export's written
recommendation, and CITY shall enforce the provisions of this Section, and mandate the
elimination of the third-party's interference which is contained within the CITY's PropertN.
(d) Prior to the installation of the Facilities, and prior to my modification thereto.
CITY and AT&T shall notify each other and any other pre-existing communications licensees or
tenants on the Property thirty (30) days prior to the use or installation of any new equipment on
the Property, which may intertere with the facilities of other tenants. AT&T's Facilities, or
CITY's facilities or its equipment, or the facilities or equipment of any other AT&T assignee or
sublessee of'CITY, as the case may be. Within ten (10) business days from AT&T's notification
to CITY, CITY will forward AT&T contact information to any existing communications tenants
or licensees, assignee or sublessee of CITY.
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(e) If AT&Tor CITY breaches its obligations under this Article 4, the Party
breaching its obligations. upon receiving written notice from the other Party of any such breach,
shall take all steps necessary to correct and eliminate such interference. If AT&T breaches its
obligation, AT&T shall without limitation modify its equipment and/or antennas or remove its
equipment and/or antennas front any facilities or towers.
(0 AT&T agrees that tinder no circumstances will the Facilities interfere in any way
or manner with the use or operation of Federal, State and local, including CITY. police and fire
department radio equipment, including but not limited to the 800 Nlegahertz radio system. If
CITY determines in its reasonable discretion that AT&T has interfered with the operation of the
police and fire department's radio equipment, and AT&T cannot cure said interference within the
time provided in paragraph (c), CITY, without liability to AT&T, shall have the right to take
whatever steps are necessary to temporarily cease and shun down the Facilities. If reasonably
possible. CITY shall endeavor to give prior notice to AT&T of any impending shut down but
CITY shall not be obligated to do so.
(g) AT&-I- shall maintain radio-frequency radiation within the levels allowed by
Federal Regulations stated in Section 1.13 10 of CFR 47 and OET Bulletin 65. Any area casually
accessible by the general public or by any worker at ground level shall be maintained below
limits stated for General Population/Uncontrolled Exposure. AT&T shall report to CITY any
areas discovered by AT&T to exceed such federally mandated limits.
(h) CITY may require AT&T to shut down the Facilities to allow for safe working
conditions for CITY employees, agents and contractors on the Property, provided that CITY
uses reasonable efforts to ensure that the shutdowns do not occur during peak hours of'
operation. Any areas on the property where persons may be subjected to radiation levels that
exceed the General Population/Uncontrolled limits must be clearly identified as required by
CAL-OSHA. AT&T shall provide CITY with written shutdown procedures, contact names, and
telephone numbers.
ARTICLE 5 — INDEMNITY AND INSURANCE
Section 5.01 Indemnification, Defense, Hold Harmless
AT&T hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,
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judgments, costs and demands, however caused, including those resulting from
death or injury to AT&T's employees and damage to AT&T's property, arising
directly or indirectly from AT&T's use of the Premises, including those arising from
the passive concurrent negligence of CITY, but save and except those which arise
out of the active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. AT&T will defend the City at AT&T's sole cost and expense.
Section 5.02 Insurance
(a) AT&T shall at all times during the Lease Term carry, maintain. and keep in full
force and effect, insurance as follows:
(i) General Liability. iA policy or policies of Conunercial General Liability
Insurance with limits of Three Million Dollars ($3.000.000) per occurrence for bodily
injury and property damage and Five Million Dollars ($5,000,000) general aggregate in
or about the Property by reason of the use and occupancy by AT&T of the Premises. Not
more frequently than once each three years and upon 60 days written notice to AT&'f, if,
in the opinion of the insurance broker or consultant retained by CITY, the amount 01'
commercial general liability insurance coverage at that time is not adequate. AT&T shall
increase the insurance coverage as required by CITY's insurance broker or consultant.
(ii) Automobile Liability. A policy of Commercial Automobile Liability
Insurance covering all owned, non-owned and hired vehicles, with a combined single
limit of$].000,000 each accident for bodily injury and property clanlage.
(iii) Workers' Compensation and Employer's Liability. Workers'
compensation limits as required by the Labor Code of the state of operation. and
Employer's Liability limits of S 1,000.000 each accident/disease/policy limit.
(iv) Property and [-ire. A'f&T shall. at its sole cost and expense, obtain and at
all times during the term hereof maintain in effect, insurance covering: (a) the Property.
Facilities and Premises made by or on behalf ol'AT&T, at A'f&T's expense under this
License; (b) fixtures. furnishings, and equipment located on the Premises; and (c) all
alterations. additions, and changes made in or to the Premises during the tern of this
Lease at A,wrs expense, providing protection to the extent of not less than the
insurable value of all such items against any peril included under insurance industry
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practices in the jurisdiction of the Premises within the classification "fire and extended
coverage." together with insurance against vandalism, malicious mischief, and sprinkler
leakage or other sprinkler damage. AT&T hereby waives and releases any and all rights
of action for negligence against the CITY which may hereafter arise on account of
damage to the Premises or to the Property, resulting from any fire, or other casualty of the
kind covered by standard fire insurance policies with extended coverage, regardless of'
whether or not, or in what amounts, such insurance is now or hereafter carried by the
CITY, and such policies of insurance shall contain an appropriate provision recognizing
this release by AT&T.
(v) The property and fire policies shall also contain the following:
a. The insurer will not cancel or reduce the insured's
coverage without. thirty (30) days prior written notice to CITY;
b. A complete and signed certificate of insurance
required by this Section shall be filed with CITY prior to the
execution of this License. At least thirty (30) days prior to the
expiration of any such policy, a signed and complete certification
of insurance showing that coverage has been renewed, shall be
filed with CITY.
Section 5.03 Other Insurance Provisions
(a) Prior to the execution of this License. AT&T shall furnish to CITY certificates
of insurance and required insurance endorsements for Commercial General
Liability, Automobile Liability Coverage, and Property and Fire policies, subject to
approval of the City Attorney, evidencing the following insurance coverages and
endorsed to contain, the following provisions:
(i) The City of Fluntington Beach. its elected and appointed officials,
employees, agents, and volunteers shall be included as an additional insureds by
endorsement with respect to this Agreement.
(ii) AT&T's insurance coverage shall be primary insurance as respects CITY,
its elected and appointed officials, employees, agents, and volunteers.
(b) Worker's Compensation and Employers Liability Coverage. The
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insurer shall agree to waive all rights of subrogation against the CITY. CITY's elected and
appointed City Council members. boards, commissions, officers, officials and employees for
losses arising from work performed by AT&T on the Premises and
Property
(c) All Coveraees. Upon receipt of notice from its insurer(s). AT&T shall provide the
CITY with thirty (30) days' prior written notice of cancellation of any required coverage that is
not replaced.
(d) Verification of Coveraue. At all times during the term of this License and
prior to taking possession of the Premises, AT&T shall furnish the CITY with
certificates of insurance and blanket additional insured endorsements effecting
coverage required by this Section 5. All certificates and applicable endorsement's are
to be received and reasonably approved by the CITY before work commences.
NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY CONTAINED IN
THIS I..ICENSE, AT&T SHALL NOT HAVE THE RIGHT TO TAKE POSSESSION OF THE,
PREMISES UNTIL SUCH CERTIFICATE OR CERTIFICATES ARE FILED WITH THE
CITY CLERK OF CITY.
(c) Indemnification Not Limited. Anv insurance required to be obtained and
maintained by AT&T under this License shall not limit in any way AT&T's indemnification
obligations under Section 5.01.
(I) CITY will not be responsible for premiums or assessments on any of AT&T's
policies.
Section 5.04 Property Insurance
Before entering the Premises, AT&T shall provide property insurance with
extended coverage endorsements thereon, on the Premises in an amount equal to
the full replacement cost thereof; this policy shall be on a replacement cost basis
and shall not contain a coinsurance penalty provision. In the event of loss, the policy
proceeds shall be used to repair or rebuild any such improvements so damaged or
destroyed; and if not so used, such proceeds shall be paid to CITY. The proceeds of
any such insurance payable to CITY shall be used for rebuilding or repair as
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necessary to restore the Premises and at the sole discretion of CITY. The policy
shall name CITY as an Additional Insured.
Section 5.05 Insurance Proceeds
Any insurance proceeds received by CITY because of the total or partial destruction of
said Premises or any buildings on said Premises shall be the sole property of CITY.
Section 5.06 Insurance Hazards
AT&T shall not commit or permit the commission of any acts on the Property or
Premises nor use or permit the use of either in any manner that will increase the existing rates for
or cause the cancellation of-any property, liability or other insurance policy insuring the
Property, or the Premises. AT&T shall, at its sole cost and expense, comply with any and all
requirements of insurance carriers necessary for the continued maintenance at reasonable rates of'
property, liability and other insurance policies on the Property. the Premises and the
improvements thereon.
ARTICLE 6 —TERMINATION AND DEFAULT
Section 6.01 Termination in the Event of Casualty or Condemnation
(a) In the event of any damage, destruction or condemnation of the Premises, which
renders the Premises unusable or inoperable in CITY's and AT&T's judgment, AT&T shall have
the right, but not the obligation. to terminate the License with respect to the Premises by giving
written notice to CITY within thirty (30) days after Such damage. destruction or condemnation, if
by virtue of such damage, destruction or condemnation. CITY and AT&Tjointly determine that
the Premises are no longer adequate for AT&T to continue its operations.
(b) In the event of condemnation, unless AT&T is allowed by the condemning
authority to continue its operations on the Premises, the License shall terminate as of the date
title to the Property and/or Premises vests in the condemning authority or AT&T is required to
cease its operations, whichever is earlier. If any property described herein or hereinafter added
hereto is taken in eminent domain. AT&T's entitlement to any award or payments, if any, shall
be limited to relocation benefits afforded to AT&T pursuant to State or Federal eminent domain /
condemnation laws. and any and all other awards. payments and benefits shall be paid to CITY.
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Section 6.02 Termination
(a) This License may be terminated on thin (30) days prior written notice as
follows: (1) by either Party upon a default of any covenant or term, material or otherwise, hereof
by the other Party, which default is not cured within thirty (30) days of receipt of written notice
of the default, provided however, if the nature of the cure requires more than thirty (30) days
then no such default will be deemed to exist it-AT&T has commenced to cure such default
within such period and provided that such efforts are prosecuted to completion with reasonable
diligence; (2) by either Party upon a monetary default within thirty (30) days from receipt of
notice, or (3) by AT&T if AT&T is unable to occupy and utili-re the Premises due to any action
of the Federal COInmUnications Commission, including without limitation, a take back of
channels or change in frequencies.
(b) Upon one year prior written notice. AT&T shall have the right to terminate the
License by paying CITY the sum oftwelve (12) months' License Fees ("Buyout Payment"). The
License shall terminate at the end of the one year notice. CITY receipt of the Buyout Payment,
and AT&T returning the Premises to its original condition pursuant to Section 1.09, and
otherwise faithfully performing all terms and conditions as stated herein prior to termination.
Section 6.03 Relocation and Assistance
Except as expressly provided in this License, in the event this License is terminated.
AT&T shall not be entitled to any relocation rights or benefits and expressly waives such
benefits and rights under city, state or federal relocation assistance plans.
ARTICLE 7 —ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 7.01 Permitted Assignment
A'r&'r may assign this License to any wholly-owned affiliate of AT&T or A"f&T's
parent, provided such affiliate has a net worth (after debt) of at least Two Hundred Fifty Million
Dollars ($250,000.000). or to AT&T's parent, with at least sixty (60) days written notice to
CITY. Any other assignment, sublease, collocation or transfer of AT&T's rights pursuant to this
License requires CITY's prior written consent, which will not be unreasonably withheld,
conditioned or delayed. Except as provided above. this License is personal to AT&T. and AT&T
Will not assign, transfer sublease or sell this License or any privilege hereunder in whole or in
part, and any attempt to do so will be void and confer no right on any third party.
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Section 7.02 Default and Abandonment by AT&T
Should AT&"r breach this License beyond any applicable notice and cure period and
abandon the Premises prior to the expiration of the Lease Term, CITY may:
(a) Continue this License in effect by not terminating AT&T's right to the Premises.
in which event CITY shall be entitled to enforce all its rights and remedies under this
License. including the right to recover the renticonsidcration specified in this License as
it becomes due under this License: or
(b) Terminate this License and recover from AT&T:
(i) 1. The worth at the time of award of the unpaid rent which has been
earned at the time of termination of the License. and
(ii) The worth at the time of award of the amount by which the unpaid rent
which would have been earned after termination of the License until the time ofaward
exceeds the amount of rental loss that AT&T proves could have been reasonable avoided:
and
(iii) The worth at the time of award of the amount by which the unpaid rent for
the balance of the then current term of this License after the time of award exceeds the
amount of rental loss that AT&T proves could be reasonably avoided: and
(iv) Any other reasonable amount necessary to compensate CITY for all
detriment proximately caused by AT&T's failure to perform its obligations under this
License.
Section 7.03 Insolvency of AT&T
The insolence of AT&T as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of AT&T, or the making of a general assignment for the
benefit of creditors by AT&T, or the filing of a petition in bankruptcy by AT&T shall terminate
this License and entitle CITY to re-enter and regain possession of the Premises.
Section 7.04 Cumulative Remedies
The remedies given to the Parties in this License shall not be exclusive. but shall be
cumulative and in addition to all remedies now and hereafter allowed by la\v or elsewhere
provided in this License.
Section 7.05 Waiver of Breach
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The waiver by a Panty of any breach of any of the provisions of this License shall not
Constitute a Continuing waiver or a waiver of any subsequent breach by the other Party of the
same or another provision of this License.
ARTICLE 8 —QUIET ENJOYMENT
Section 8.01 Quiet Enjoyment
CITY warrants that: (1) CITY owns the Property in fee simple and has rights ofaccess
thereto; (2) CITY has full rights to make this License; and (3) CITY covenants and agrees with
AT&T that upon AT&T paying the License Fee and observing and performing all the terms,
covenants and conditions on AT&T's part to be observed and performed. AT&T may peacefully
and quietly enjoy the Premises; subject, nevertheless. to the terms and conditions of this License.
ARTICLE 9 — HAZARDOUS MATERIALS
Section 9.01 Hazardous Materials
AT&T represents and warrants that its use of the Premises herein will not generate any
hazardous substance, and it will not store or dispose on the Premises nor transport to or over the
Premises any hazardous substance. AT&T further agrees to clean-up and remediate any
hazardous substance released by AT&T on the Premises and Property, and hold CITY harmless
from and indemnify CITY against any such release of any such hazardous substance and any
damage. loss. or expense or liability resulting from such release caused by AT&'F including all
attorneys' fees. costs and penalties incurred as a result thereof; except any release caused by the
negligence or acts or omissions of CITY. its employees or agents. "lazardous substance" shall
be interpreted broadly to mean any substance or material defined or designated as hazardous or
toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other
similar term by any federal, state or local environmental law, regulation or rule presently in
effect or promulgated in the future. as such laws. regulations or rules may be amended from time
to time; and it shall be interpreted to include, but not be limited to, any substance which after
release into the environment will or may reasonably be anticipated to cause sickness. death or
disease.
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ARTICLE, 10 — MISCGLLANEOUS
Section 10.01 Force Majeure — Unavoidable Delays
Should the performance of any act required by this License to be performed by either
CITY or AT&T be prevented or delayed by reason of an act of'God, strike, lockout. labor
troubles, inability to secure materials, restrictive governmental laws or regulations, or any other
cause except financial inability not the fault of the Party required to perform the act, the time for
performance of the act will be extended for a period equivalent to the period of delay, and
performance of the act during the period of delay will be excused. Provided, however, that
nothing contained in this Section shall excuse the prompt payment of the License Fee by AT&T
as required by this License or the performance of any act rendered difficult solely because of the
financial condition of the Party. CITY or AT&T, required to perform the act.
Section 10.02 Notice
Any written notice or required submittals, given under the terms of this License, shall be
delivered personally, or mailed, certified mail, postage prepaid, addressed to the Party concerned
as follows:
TO AT&T:
New Cingular fireless PCS. LLC
Attn: Network Real Estate Administration
Re: Cell Site 9: CLU3528; Cell Site Name: Edwards Fire Station (CA)
Fixed Asset it: 13014392
1025 Lenox Park Blvd NE, Yd Floor
Atlanta, Georgia 30319
With a copy to:
New Cingular Wireless PCS. LLC
Attn.: Legal Dept — Network Operations
Re: Cell Site #: CLU3528; Cell Site Name: Edwards Fire Station (CA)
Fixed Asset 9: 13014392
208 S. Akard Street
Dallas. TX 75202-4206
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TO CITY:
Huntington Beach
City Manager
2000 Main Street
Huntington Beach, CA 92648
CITY or AT&T may from time to time designate any other address for this purpose by
written notice to the other Party.
Section 10.03 Contract Administrator
The City Manager, or his designee, shall be CITY's Contract Administrator for this
License and all approval and notices required to be given herein shall be so directed and
addressed.
Section 10.04 Compliance with Laws
AT&T shall, at AT&T's sole cost and expense, comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state and count
and municipal, relating to AT&T's use and occupancy of the Premises and the Facilities, whether
such statutes, ordinances. regulations and requirements be now in force or hereinafter enacted.
AT&T shall, at AT&T's sole cost and expense, obtain all permits and other governmental
approvals required in connection with AT&T's activities hereunder.
Section 10.05 Binding on Heirs and Successors
This License shall be binding on and shall inure to the benefit ofthe heirs, executors,
administrators, successors and assigns of the Parties hereto. The provisions of this Section shall
not be deemed a waiver of any of the conditions against assignment set lorth herein.
Section 10.06 Interpretation of this License
"file language of all parts of this License shall in all cases be construed as a whole.
according to its fair meaning, and not strictly for or against any of the Parties. If any provision of
this License is held by a court of competent jurisdiction to be unenforceable, void, illegal or
invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this
License. No covenant or provision shall be deemed dependent upon any other unless so
expressly provided here. As used in this License; the masculine or neuter gender and singular or
plural number shall be deemed to include the other whenever the context so indicates or requires.
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Nothing contained herein shall be construed so as to require the commission of any act contrary
to law, and whenever there is any conflict between any provision contained herein and any
present or future statute. law, ordinance or regulation contrary to which the Parties have no right
to contract, then the latter shall prevail, and the provision of this License which is hereby
affected shall be curtailed and limited only to the extent necessary to bring it within the
requirements of the law.
Section 10.07 Waste or Nuisance
AT&T shall not commit or permit the commission by others of any waste on the
Premises. AT&T shall not maintain, commit, or permit the maintenance or commission of any
nuisance as defined in Section 3479 and/or Section 3480 of the California Civrl Code on the
Premises; and AT&T shall not use or permit the use of the Premises for any unlawful purpose.
Section 10.08 Repairs
AT&T shall not be required to make any repairs to the Premises, except for damages to
the Premises caused by AT&T, its employees, agents, contractors, and subcontractors.
Section 10.09 Timc of Essence
Time is expressly declared to be the essence of this License.
Section 10.10 Governing Law
This License shall be governed under the laws of the State of California, and any and all
actions initiated tinder this License shall be brought solely and exclusively in a court of
competent jurisdiction in the County of Orange. State of California, and no other court.
Section 10.11 Survival
Terms and conditions of this License, which by their sense and context survive the
termination, or expiration of this License, shall so survive.
Section 10.12 Public Necessity
CITY may suspend this License without liability to AT&T when public
necessity so requires, or suspend operation immediately hereunder, without any
advance notice and without any liability to AT&T, in the event of public emergency,
as may be determined by State or City- Law. Such suspension will terminate when
the public necessity or emergency no longer exists.
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Section 10.13 Conflict of Interest
AT&T warrants and covenants that no official or employee of CITY nor any
business entity in which an official or employee of CITY is interested (1) has been
employed or retained to solicit or aid in the procuring of this License; or (2) will be
employed in the performance of this License without the immediate divulgence of
such fact to CITY. For breaches or violations of this Section. CITY shall have the
right to annul this License without liability.
Section 10.14 Attorney's Fees
In the event suit is brought by either Party to enforce the terms and provisions of this
License or to secure the performance hereof. each Party shall bear its own attorney's fees.
Section 10.15 Captions
Captions used in this License are for case of reference only and shall not affect the
construction or interpretation of this License.
Section 10.16 Duplicate Original
The original of this License and one or more copies hereto have been prepared and signed
in counterparts as duplicate originals. each of which so executed shall, irrespective of the date of
its execution and delivery, be deemed an original. Mach duplicate original shall be deemed an
original instrument as against any Part), who has signed it.
Section 10.17 Sole and Only License
This License constitutes the entire agreement and understanding between CITY and AT&T
respecting the Premises. the licensing of the Premises to AT&T. or the Lease Term herein
specified, and correctly sets forth the obligations of CITY and AT&T to each other as of its date.
Any agreements or representations respecting the Premises or their licensing between the Parties
not expressly set forth in this instrument are null and void. This License or any part of it may not
be changed, altered, modified, limited or extended orally or by any agreement between the
Parties, unless such agreement is expressed in writing, signed and acknowledged by CITY and
AT&T, or their successors in interest.
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IN WITNESS WHEREOF, the Parties hereto have caused this License to be executed by
and through their authorized officers the day, month and year first written above.
LICENSEE LICENSOR:
New Cingular Wireless PCS, LLC, a CITY OF HUNTINGTON BEACH, a municipal
Delaware limited liability company corporation of the State of California
c
By: AT&T Mobility Corporation
Its: Manager
13y: Mayor
Date:
Print name
Date: � ���
ITS: �Zobin Estarii au, City Clerk
U
By:
R W� A D APPROVED:
City Manager, Oliver Chi
APPROVE
Mic} el E. Gates, City Attorney
d 2-
I N PPjPub1r
Sean Crumby, Director orks
COUNTERPART
19.7310/260514
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.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On March 11, 2022 before me, Donna Switzer, Notary Public, personally appeared
Barbara Delgleize and Patty Esparza who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons 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.
oarrw swrrap
WITNESS my hand and official seal. co►mi sNoN•z31160t
Notary PuOgt.calbRYa
ORANGE COLKrf
�j Ry Carom Em n 1b '.
(Seal)
(Notary Signature) O
DO NOT RECORD
IN WITNESS WHERE-OF, the Parties hereto have caused this License to be cXccutcd by
and through their authorized officers the day, month and year first written above.
LICENSEE LICENSOR:
New Cingular Wireless PCS, LLC, a CITY OF IIUNTINGTON BEACH, a municipal
Delaware limited liability company corporation of the State. of California
By: AMT Mobility Corporation
Its: Manager
By: Mayor
Date:
Print name Mr 5+� Snowden
Date: )0l ig1X021
ITS: Robin Estanislau. City Clerk
By:
REVIEWED AND APPROVED:
City Manager, Oliver Chi
APPROVED AS TO FORM:
Michael E. Gates, City Attorney
INITIATI=D AND APPROVED:
Sean Crumby. Director of Public Works
COUNTERPART
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ACKNOWLEDGMENT
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
County of
On ��\�paC �`� , a o �� before me, Joyce Story - Notary Public
(insert name and title of the officer)
personally appeared - s V ,
who proved to me on the basis of s isfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument tad 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.
JOYCE STORY
WITNESS my hand and official seal. ae. weim Cai yn N.
o..�'
Co mini on+2113111
` +y Ccmm.E.obn.w II.20i)
Signature (Seal)
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EX111BIT A
Legal Description of the Property
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THE EAST 565.00 FEET OF PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGES 25 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID EAST
565.00 FEET BEING MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF EDWARDS
STREET, AS SHOWN ON SAID PARCEL MAP.
APN: 110-511-13
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EXHIBIT B
Description of Permanent Premises
(See attached drawings)
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EXHIBIT C
Description of Conduit Easement Areas
(See attached drawings)
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DO NOT RECORD
EXHIBIT 1)
Description of Access Easement Areas Premises
(Sec attached drawings)
29 of 32
19-7310/24585 USFF
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E\IIIBI 1' F.
Description of AT&T Facilities
(Sec attached drawings)
30 of 32
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EXHIBIT F
PERFORMANCE BONI)
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, [name and address of.4T&7'] (hereafter designated as "Principal"),
has, by written License Agreement dated contracted with the
City of Huntington Beach, 2000 Main Street, Huntington Beach, CA (hereafter
designated as "Owner") to construct telecommunications facilities on the property known
as [address or legal description], which License Agreement, and all of the Contract
Documents attached to or forming a part of that License Agreement (hereinafter
designated as "License"), are hereby referred to and incorporated by reference;
NOW THEREFORE, we, the Principal, and
and
[name(s), address(es), and status, ifrelevant ofsurety
or sureties, e.g, ABC Insurance, a corporation duly organized under the laws of the State
of having its principal office at
(address), and authorized to
transact a general surety business in the State of California as Surety, are held and firmly
bound unto Owner in the sum of Seventy Five Thousand Dollars (S $75,000). lawful
money of the United States of America for the payment of which sum Principal and
Surety hereby jointly and severally bind ourselves, our respective heirs, executors,
administrators, successors, and assigns.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal
promptly and faithfully performs all the covenants and conditions of the License on its
part, then this obligation shall be void, but otherwise this obligation shall remain in full
force, subject, however, to the following conditions:
1. Whenever the Principal shall be in default under the License, the Surety may
promptly remedy the default.
31 of 32
19-7310/245851/SFF
DO NOT RECORD
2. if the Owner defaults in the performance of any material covenant or condition
on its part to be performed under the License, the Surety shall be relieved from all
liability hereunder.
3. The Surety shall not be liable for the nonperformance of any of the terns of the
License attributable to fire, riot, strike, the elements or other acts of God, or for any loss
or damage resulting therefrom.
4. No right of action shall accrue on this bond to or for the use of any person,
firm, or corporation other than the Owner, or its business successors.
5. No suit, action, or proceeding shall be maintained under this bond unless
commenced within two years after the expiration or termination of the Lease Term of the
License.
IN WITNESS WHEREOF two identical counterparts of this instrument, each of'
which shall for all purposes be deemed an original, have been duly executed by the above
Principal and [Surety or Sureties]
on ) pl1912o2J [date].
PRINCIPAL
jootp� [signature of principal]
his r�we]rn [typednon:e]
[By (typed name and title, if applicable)]
SURETY
[signature ofsurety]
[typed name]
[By (typed name and title, if applicable)]
SURETY
[signature of surety]
[typed name]
[By (typed name and tide, if applicable)]
32 of 32
19-7310/245851/SFF
® DATE tNIMouvYYYY)
/��O CERTIFICATE OF LIABILITY INSURANCE I 1rr61no21
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(ios)must have ADDITIONAL INSURED provisions or 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 mldorsement(s).
PRODUCER C UCT 41JIsa�UB.OpeTeSao
Marsh t6A Inc, 'NAME
PHONE 866 966 4664 FAX 1
701 Markel Steel,Suite 1100 01r No ExIX tA1c.Net'
S.Lows.M F3$ q
O 63101 EJIAIL
ADDri Alt,CcARC US,1 Iry'1I511G0111
'
INSURER(S)AFFORDING COVERAGE NAICI
CN 103150118-CAW 011-21-22 N N 101091 N INSURER A:ad Repute lndurnce Company 24147
INSURE INSURER B
New CiVulru NSrekss PCS,U-C
One AT&T Plaza INSURER C:
200 50.1th Akant INSURER D
Room 1820
Dallas,TX 85331 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: CHI409983't94.01 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 GUN IRAC'I OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TIIE 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.
ULTR TBR I EFF
TYPEOFINSURANCE jusk I - POLICY NUMBER MM1DDY/YYYY \'LUOCYE%P LIMITS
A X COMMERCIALGENERALLIABILITY WaY 31363621 061012021 06012022 EACHOCCURRENCF. $ 5,000,000
NI .D
CIAIMS-MAnE ID OCCUR PR MIS G fa I L_ S 1,000,000
MED EXI'Vmy lrononl $ N/A
PERSONAL A ADV INJURY $ 5•000•0m
GEN'L AGGREGAI E LIMIT APIEIS PER: GENERA-AGGREGATE S 10.000,000
X POLICY❑JERCTT 1 rrPL�IOG PRODUCTS-COM.P/OPAGG S 5'00)'000
OT1FR $
A AUTWOBILELIAUILTrY MWIB 31363521 O6PJ12021 Ofu012022 OMHINEOSINGLELIMir $ 1,000,000
.ffA eccimng
X ANY AUTO DOOILY INJURY P.oven) s
OWNED SCIIEDULED HWRY WXJKY(Ve ar[IdaN) $
AUTOS ONLY AUTOS
HIRED NON O'/INEO APPROVED S TO FORt(I PROPERTY DAMAGE 5
AUTOS CNLY AUTOS ONLY t ,1P.,a daa0
UMBRELLA L _ OCCURCIR y M . GATES FACH OCCU RENCE WB
%LESS LUe U.S.MADE CITY A- ORNEY AGGREGATE 5
DED RETENTIOo$ CI'TY OF HUNT NGTON BE CH $
A WORKERSCONWENSAIION MWC 313638 21(AOS) O&0T202 1 X PEN OTH'
me EMPLOYERS.LIABILITY STALE ER
ANYPftDPHIEt CfirynRlNEreEXELUiIVE YIN EL.rAW ACCIDENT $ I.D00,000
OFFICF"J .Lm FRF.XCLU0ED1 NfA
(Mandatory In NH) E.L.MEASE-F.A Fl,JROYIIE $ I.000,000
Irym desc+Im uMu 1,000,000
DESCRIPTION OF OF'EHATIONS GeL:r F.J.DISEASE-PIJJCY LIMIT $
A Eme55 Wa4ers'CompelLta0anl MWXS 31363921(011\VA) 06)OW021 O61J112022 EL Each Aeidold l EL Oismw 1,000,030
EmlloMm'Llablity See Second Page EL Dlsemel-Policy UIMt 1,0311,070
DESCmPTION OF OPENATIONS I LOCATIONS/WIIICLE9 (ACORD ID I,AdditbnW Rammla scMdWe,may ea anacM1ad 11 more aW ca la rouu4ad)
Re:Edwards Fee Sation.18591 Olmnis Sltrwl,HunTmgloo Beach.Ce5lomis 92648
The Cry of BmEllplan Beach,its ofcurs,o'eded or eppolnled officials,empbyees,agents,and wlun eem Were included as Add1'onal Insured Under Ore General Llabrily pa:cy but only WM respect to the
requirements of the conbacl between the Qu*ate HoBn and the toured.
CERTIFICATE HOLDER CANCELLATION
GIy o(Hunkq!on Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn:611 Kril THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Hun4'nylm Beech,CA 92648
AUTHORIZCDREPREGENTAIIVE
oI Marah USA Inc
sk0.lrP�ti �lJ�l-aca-
®1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
R1.,3K M91,FFBI.0'22FH 3:12
t
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AGENCY CUSTOMER ID: CM10315077B
LOC N: St. Louis
A� ADDITIONAL REMARKS SCHEDULE Page 2 of z
AGENCY NAIAFD INSURED
Marsh USA Inc. Now Cingular Wirc%ss PCS,LLC
One AT6T Plaza
POLICY NUMBER 208 South A6.vd
Room 1020
Oands,TX 85301
CARRIER NAIL CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Excess Warkins Compensation MVWS 313639 21(OH WA)
Set inured Retentions
OH d WA-S50D,000,000(except Termism)
0H8WA $600,00DS001wodsm
i
ACORD 101 (2008/01) ®2005 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
i
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED WHERE REQUIRED
UNDER CONTRACT OR AGREEMENT
I
t
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PARTIFORM
Paragraph 2. of SECTION II -WHO IS AN INSURED Is amended to Include any person or organization
(Or whom you have agreed under contract or agreement to provide insurance. However, the Insurance
provided shall not exceed the scope of coverage or limits of this policy. Notwithstanding the foregoing
sentence, In no event shall the Insurance provided exceed the scope of coverage or limits required by
said contract or agreement.
Where required by contract,we will consider our policy to be primary under any other Insurance j
maintained by the additional Insured for injury or damage covered by this endorsement and that their
policy will be noncontributing with this Insurance.
I
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GL 739 006a 0609 Page i of 1
i
Includes copyrighted material or Insurance Serdces office,Inc.,with Its peimtsslon.
MWZY 31363621 AT&T Inc. 0610112021-06101/2022
I
I
i
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT
FOR ADDITIONAL INSUREDS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PARTIFORM
I
SCHEDULE
Name Of Additional Insured Person(s) Or Organizatlon(s):
All Persons or Organizations as Required by Written Contract or Agreement. t
In no event shall the Insurance provided exceed the scope of coverage or Ilmlls required by said contract
or agreement.
All locations associated with contract.
For the Person(s) or Organization(s) that are listed In the Schedule above, that are also an Additional
Insured under an endorsement attached to this policy, the following Is added to SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.Other Insurance and supersedes any provision
to the contrary:
This Insurance Is primary to and will not seek contribution from any other Insurance available to an
Additional Insured under your policy, provided that:
1. The Additional Insured Is a Named Insured under such other Insurance; and;
2. You have agreed with the Additional Insured that this Insurance Is primary and will not seek
contribution from any other Insurance available to the Additional Insured.
GL 739 058 0617 Page 1 of 1
Includes copyrighted material of Insurance Services 0110,Inc.,with Its pennisslon.
MWZY 313636 21 AT&T Inc. 06/0112021-06101/2022
i
I
IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY
I
i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
i
Name of Person(s) or Organlzatlon(s):
All Persons or Organizations as Required by Written Contract or Agreement.
In no event shall the Insurance provided exceed the scope of coverage or limits required by said contract
or agreement.
All locations associated with contract
I
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
I
A. The following Is added to SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions,
5. Other Insurance, and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other Insurance available to the Person(s) or Organizallon(s) shown In the above
Schedule, provided that: i
1. Such Porson(s) or Organlzation(s) is an Additional Insured under such other Insurance;
and
2. You have agreed that this insurance is primary and you will not seek contribution from any
other insurance available to such person or organization.
CA 739 022 0617 Pago 1 of 1
Includes copyrighted material W Insurance services Office,Inc.,with Is permission.
MWTI3 313635 21 AT&T Inc. 06r0112021 -OW0112022
i
AT&T
Certificate of Property Self Insurance
Attn:AT&T Services Inc.
Risk Management 1
208 S.Akard, Floor 18
Dallas,TX 75202
.........................._..........................._.........................._......................------
Type of Insurance Description Type of Limits Limits of Liability
Property All Risks Per Occurrence Replacement Cost
.........................._..........................._....................................................... 1
Mfllla[es of AT&I's self-Insurance will act as if commercial property Insurance had been purchased. As contractually
obllgated, Al&I's self-Insurance Includes All Perlis;Extended Petits—Flood,Earthquake;Business Interruption/Loss of Rents; i
Construction in Progress;and wlII waive their rights to recover from the other for any and all lass of or damage to their respective
property If such loss or damage is covered,or required by this contractual obligation to be covered,by a valid and collectible
commercial Insurance policy or self-Insurance;Ind uding"additional Insured"and"loss payees".
The entity shown below provides cove rage under Its program of self-Insurance.Legal entity to which this cei li0 cat e applles is:
(New Cingular Wireless PCS,LLCI
Description of Operations/Locations: i
IRE Edwards Fire Station 18591 Edwards Street Huntington Beach California 926481
Attention:(Bill Krill!
Holder Name:ICtly of Huntington beachi
Street Address:12000 Main Street)
City:(Huntington Beachl State:ICAI
ZIP:1926481 Date Issued 1/26/2022
Lease End �
Email Address:lwilliam.krill@surfcity-hb.orgl Date 11/26/20231
Optional Attachment: File Attachment
AT&T Employee Issued(, i
Name:IErik Hargrave! By:W
AT&T Employee AT&T AT&T Services, Inc
Email: Wayne K Johnson
..............................................................................................................
CANCELLATION:
Should anyof the above described self-Insured coverages be canceled or materially altered before one year after the Issuance of
this Certificate,the Company will endeavor to mail thirty(30)days written notice to the certifimte holder named above. Failure to
mail such notice shall Impose no obligation or liability of any kind upon the Company,Its agents or representatives. The limits
i
I
i
evidenced on the above certificate will not increase or reduce those Insurance limits set forth within the stated requirements of the
contract to which this certificate applies. The giving of this Certificate will not Increase the limits of the Company's liability to the.
Holder.
Rev.02.05.2018
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City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ viNiv.huntingtonbeachca.gov
Office of the City Clerk
' Robin Estanislau, City Clerk
March 11 , 2022
Erik Hargrave
c/o Smartlink Group
1412 Wellington Ave.
Pasadena, CA 91103
Dear Mr. Hargrave:
Enclosed is a duplicate original of the Site License Agreement for Installation and Use
of a Communications Antenna Facility and Supporting Equipment between the COHB
and New Cingular Wireless PCS, LLC approved by the Huntington Beach City Council
on March 1, 2022.
Sincerely,
e � �&�dnoj .v
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
Fe, clEx .
ORIGIN ID:APVA (714)374-1713 SHIP DATE:270CT21
BILL KRILL AC TWGT:1.00 LB
CITY OF HUNTINGTON BEACH CAD:25436927311NET4400
2000 MAIN STREET
HUNTINGTON BEACH,CA 92548
UNITED STATES US
TO ERIK HARGRAVE
SMARTLINK GROUP
1412 WELLINGTON AVE
+' a
PASADENA CA 91103 I o'
(626)695-7375 REF:LEASE FOR CLL003528 \m: N
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