HomeMy WebLinkAboutItem GAGENDA STAFF REPORT
DATE: December 11, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: APPROVE FIRST AMENDMENT TO EASEMENT FOR EXISTING
CELL TOWER SITE AT 3900 LAMPSON AVENUE (TENNIS
CENTER)
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6778, approving the first amendment
to an easement agreement for an existing cell tower site on public property at the
Tennis Center property, and authorizing the City Manager to execute the
easement, memorandum of easement, and other necessary documents on
behalf of the City.
BACKGROUND AND ANALYSIS:
Like many public entities, the City of Seal Beach leases small portions of
property it owns or controls to telecommunications providers for use as sites for
cellular antennae. Multiple sites have been leased and operating in the City
since the 1990's. This activity has substantial public benefits, as the sites
improve cellular communications in the City and provide a substantial amount of
revenue to the City in exchange for the use of small portions of City property over
a long term. None of the existing leases interferes with the City's current use of
the properties for any City purpose. As the City Council is aware, existing
facilities generally are located around the perimeter of City properties in use for
other purposes.
AirTouch currently operates an antenna at 3900 Lampson Avenue on a relatively
small easement on the Tennis Center property. The City controls this easement
as the successor in interest to the Bixby Ranch Company, which granted the
easement in 1995. The Easement Agreement expired in August 2015 and has
been allowed to continue on a month to month basis while a new agreement was
negotiated. AirTouch is current on its payments.
Currently, the operator pays the City approximately $25,780 annually. The
proposed amendment to the easement agreement would increase the rent to
$30,000 annually effective September 1, 2017 and pro -rated to reflect previous
payments for this year. Starting on September 1, 2018 and annually thereafter,
Agenda Item,_
Page 2
the rent will increase by 3% annually. Similar to leases the City Council recently
approved, the operator will also pay the City 20% of new subleases or new co -
locations on the existing pole.
The amended easement agreement provides for up to four (4) extensions of five
years each from the existing expiration date. The first is retroactive to
September 1, 2015. The City may terminate the agreement prior to any of the
other extended terms taking effect by giving 60 days advance notice. Unless the
City terminates earlier, the easement will expire in August 2035. Other aspects
of property use, location and other details of the existing use will not change.
Staff believes there are benefits to the City associated with approving these
amended and restated agreements for wireless sites. The first is the continued
availability of service in the City for residents and other customers. These
antenna sites are expensive and, increasingly, scarce in the locations and
characteristics that providers need. Second, maintaining the sites in the City on
public property will provide a stable source of revenue to the City for a long term.
This amended easement agreement will increase the revenue from the site by a
little more than $4,000 initially, with increasing revenue each year thereafter
throughout the tens. The third benefit is converting the existing agreements from
less certain formulas for increasing payments to a uniform 3% annual increase of
an annual fee. Finally, this amended agreement holds the potential for the City
to receive additional revenue if there is a sublease or new co -location on the
existing pole.
FINANCIAL IMPACT:
The amended agreement increases the annual payment to $30,000 starting as of
September 1, 2017. Payments after that will increase by 3% annually throughout
the term. There would be additional, but uncertain, revenue if the site is sub-
leased or co -located.
LEGAL REVIEW:
The City Attorney has reviewed the documents and approved as to form.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 6776, approving
the first amendment to an easement agreement for an existing cell tower site on
a public easement at the Tennis Center property, and authorizing the City
Manager to execute the easement, memorandum of easement, and other
necessary documents on behalf of the City.
SUBMITTED BY:
G n
Patrick Gallegos r d
Assistant City Manager
Attachments:
A. Amended Easement Agreement
B. Resolution Number 6778
Page 3
NOTED AND APPROVED:
ill .Ingram
Ci Manager
Attachment "A"
FIRST AMENDMENT TO EASEMENT AGREEMENT
This First Amendment . Easement Agreement (the "Amendment') is mete effective m of the
tarter signature data hereof (the "Ff'ecdve Dale") by and between the City of Seal Beach CW) and Los
Angeles SMSA Limited Partnership, dba Vernon Wireless ("AirTouch"). (City and Airroueh being
collemively referred to herein as the "Fortin") with reference. the facts sat font in the Recitals below:
RECITAIS
A. City is the holder of an easement in that certain real property located at 39W Lampwn
Avenue. Seal Beach. California described on ExMMt A attached here. and by this reference � a part
hereof (dee "Property" ), which Property is legally described in the Agreement (defined below).
B. City (as successor-in-imerest to Bixby Ranch Company, a Celifomia limited partnership)
and AirTouch are parties to that ocrtain Easement Agreement dated August 3. 1995 (the "Agrremant').
Pursuant to the Agreement, AirTouch was granted an easement over a portion: for the operation of a
communications facility (the "Leared Premfres") and for access and public utilities (the "Facifiry
EaremenP), which is also described on Exhibit A. The Agreement expired on August 31, 2015.
C. WHEREAS. AirTouch andlor its parent, affiliates, subsidiaries and other parties
identified therein, entered into a sublease agreement with California Tower, Inc., a Delaware
corporation and/or its patents, affiliates and subsidiaries ("American Tower"). Formal to which
American Tower subleases. manages, operates and maintains, as applicable, the Leased Premises, all as
more particularly described therein: and
D. WHEREAS, AirTouch has granted American Tower a limited power of attorney (the
"poA'y., among other things, prepare. negotiate, execute, deliver, record and/or rile ocrmin documens
on behalf of Aierouch, all as more particularly sex forth in the POA: and
E, WHEREAS, City and Aiffouch have agreed . amend the Agreement .: (i) extend the
term of the Agreement: (ii ) modify the annual easement fee escalation provision: and (iii) modify certain
other provisions of the Agreement as provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutwl
covenants and conditions below, and other good and valuable consideration. the receipt and suff.iarcy of
which are hereby acknowledged, the panic agree as follows:
I. Extension Talent. Effective as of September 1. 2015, City and AirTouch hereby agree .
extend the Agreement for four (4) additional extension awns of five (5) years each. unless AirTouch
terminates by giving City written notice of the intentto terminate at ]asst sixty (60) days prior to the end of
the then current term. The City hereby agrees . execute and return to AirTouch an original Memorandum
of Leese in the form and of the substance attached hes. as Ex6iMt B and by this reference made a pan
hereof (the "Mamorandnm") executed by City, together with any applicable fours needed to record the
Memorandum, which forms shall be supplied by AirTouch. City.
2. Annual Eastman, Fee Fi datlan. Effective as of September 1, 2017, the easement fee
payable from AirTouch to City under the Agreement is hereby increased. Thirty Thousand and Nol100
Dollars ($30.000.00) per yew (the "Easement Fee"). The Parties agree that within a reasonable period of
time following the Effective Data. Amouch shall pay. City a pm -reed payment representing the amount
Old R—h
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owed from September I, 2017 through the Effective Date as a result of the increase to the Easement Fee
described in the preceding sentence. Notwithsmnding the foregoing, City hereby acknowledges and
agrees that such increase may not be refected in rental payments to City until ninety (90) days after the
Effective Date. Commencing on September j. 201l; and an each mecessive emmal amiversary thereof.
Easement Fee due under the Agreement shall increase by an a, m, equal w three pemen[ (396) of the
then current Easement Fee. Notwithstanding anything to the contrary contained in the AgramenL all
Easement Fee and any other payments expressly required to be paid by AirTouch to City under the
Agmement and this Amendment shall be paid to City of Seal Beach. The Landlord hereby agrees the
Easement Fee and the Collocation Fee (as defined below) described in this Amendment is we only
consideration owed to City from AirTouch andror American Tower pursuant to the Agreement, as
amended, or any other agreement between City and AnTooeh, or City and American Tower, as the case
may be. The mci lations in this Section shall be the only escalations to the Easement Fee and mYNI
exedmons otherwise curtained in the Agreement am hereby null and void and of on further force and
effect.
3. 1?evenue Share.
a. Subject to the other applicable mann, provisions, and conditions of this Section.
AuTomh shall PAY landlord twenty percent (20%) of any reins am-- ly received by
Ai/fouch or American Tower under and punuasn to the terms and provisions of any new
sublease, license or other collocation agreement for the use of any potion of the Leased
Premises entered into by and between AirTouch (or American Tower) and a third party
(any such third )arty, the "Addifioad CoBorarar") subsequent to the Effective Dam (any
such amount. the "Cdfacatioa Fats'). NoWdurtanding the fmregoing, City shall not be
emitted to receive any portion of any sums paid by a licensee or submssee to miniboom
AnTouch for American Tower), in whale m m pan. for any impmvements to the Leased
Premises many sm mod eahaoomam to the rower loaned on the Leased Premises
(such tower. the "Two'), m for coal, expenses, fees. or other charges incurred or
,,,mimed with the development. operation. repair. ex mah� of the Leased
Premises m the Tower. The CDRncallon Fee shall not be subject to the escalations to
Rent, if mY, as delineated in this Amendment anNm the Luse. To the extent the amount
of rasa actually received by Aitfouch (m American Tower) from an Additional
Collocawr escalate or mhersvive increase psoriasis to dose agreement, the Collocation
Fer shall be based on such increased mount.
b. The initial partners of the Collocation Fee shall be due within thirty (30) days of actual
receipt by Aiffouch (m American Town) of the fiat collocation payment paid by an
Additional COHOCatnr. In the elect a sublease or license with an Additional Collnexce
expires or mmrinates, Aierouch's obligation to pay the Collocation Fu for such sublease
or license shall axiomatically wMinam upon the date of such expiration or mmnlmtion.
Notwithstanding anything Modred herein to the contrary. AirTouch shall have no
obligation to pay to City and City hereby agrees not to demand re request that AbTat ch
pay to City my Collocation Fee in connection with the sublease to or marfer of
Aierouch's obligations andnor rights under the lease, as modift it by this Amendment, to
any subsidiary, parent or effdiM of AirTouch cur American Tower.
C. City hereby acknowledges and agrees that AnTouch and American Tower have the We
and absolute right to enter him. renew, exmnd temdum. amend, ansae. m otherwise
modify (including, without limitation, reducing mm or allowing the early termini tim Of
arty tenure or existing subleases, liremea ce collocation agreement for occupancy m the
Tower, all on such roma as Aierouch anNm American Tower dam advisable, in
ow.
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Antro ch's and/or American Tower's sole and absolute discretion, notwithstanding thin
she same may affect the amounts payable to the City pursuant in this Section.
d. Notwithstanding anything in the contrary contained herein, City hereby acknowledges
and agrees that AirTouch shall have no obligation to pay aha shall not pay to City -Y
Collocation Fee in connection with: (i) any subleases, hcencea. or other collocation
agreements between AkTouch (m American Tower), or AuToach's (m AmeriM
Tower's) pedecessms-in-interest. as, applicable, and American Tower many third
parties, or such third parties' predeaasars m successors-in-inteeest, as applicable, entered
into prim to the Effective Date (any such agreements, the "Existing Agreemiefth'I (it)
any amendments, modifications. extensions, renewals, and/m cestetenlmts to md/m of
the Existing Agreements entered into prim to the Effective Date or which may be entered
into on or after the Effective Date: (iii) any subbases, licenses, or other collocation
agreements entered into by and between AirTouch (m American Tower) and any
Additional Collocmors for public emergency andfor safety system purposes Naz are
required m ordered by any govemomml authority having jurisdiction as m over the
leased premises: m (iv) any subleases, licenses m other collocation agreements entered
into by and between AirTouch (oe American Tower) and any Additional Collocators if
the City has entered into arty agreements with such Additional Collocmo t to
accommodate such Additional Collocxors' facilities outside of the Leased premises and
such Additional Collection, pay my am m6 (whether chanscturixed as rent, additiowl
rent, use. occupancy or other types of fees, or my other types of monetary mmiderauon)
to City for such use.
4. Assignment and Subletting; by Ah Tmcb. Section 24 of the Agreemem is hereby
deleted in its entirety. The Agreement may be sold, assigned an transferred by AirTouch without my
approval or consent of City to AnTouch's principal, affiliates, subsidiaries of its principal or m my entity
which acquires all or substantially all of AirTowh's assets; in the market defined by the Federal
Communication Commission in which the City's Property is located by reason of a merger, inquisition
or other business reorganiratiun. As to other parties, the Agreement may am be sold assigned or
transferred without the written amen of City, which such consort will not be unreasonably withheld
delayed or conditioned. No change of stock ownership. partnership interni or coastal of AirTouch or
transfer upon partnership m corporate dissolution of AirTouch shall constitute an assignment hareundcL
Aill'ouch may sublet the Facility Easement property within its sole discretion. upon notice m City. Any
sublease that is entered into by AirTouch shell be subject to the provisions of the Agreement aha shall be
binding upon she successors, assigns, heirs and legal ropreaematives of the respective parties herem.
5. Undtation or Weblbty. Except for indemadiication pursue[ to S(m ms 18 and 19 of the
Agreement, wither City nor AirTouch shall be liable to the other, or my of their respective Meant
mpresenutives, employees fm any lost revenue, lost profits. Ins of Whmlogy, rights Or services,
incident, punitive, indirect, special or consequential damages, loss of daa, or interruption or loss of use
of service, even if advised of the possibility of such damages, whether under theory of context ton
(including negligence), strict liability m otherwise.
6. Notices. The Notice Addreases set foth in Swim 27 of the Agreerem are hereby
deleted and replaced with she following:
okl .
smsess s
AIRTOUCH: Los Angeles SMSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 0]921
Atm: Network Real Este
(Site Name: Old Ranch)
CITY: City of Sal Beach
211 r Street
Sul Bach, Cslifomu 90740
7. Continued Effect. Except as specifically modified by this AmelMmem. all of the tonns
and conditions of the Agreement shall remain in full force and effect and are hereby ratified and affirmed.
The parties hereby agree that no defaults exist under the Agreement. In the event of a coulict between
any time or provision of the Agreement and this Amendment, the amu and provisions of this
Amendment dull control. In addition, except as otherwise stated in this Amendment, all initially
capitalized terms will have the some respective defined meaning waled in the Lease. All captions are fm
referexe purposes only and shall not he used in the cmuwction or interpretation of this Amendment.
S. Indemnlilcetlon. The Parties hereby acknowledge and agree Section 19 of the
Agreement is hereby deleted in its entirety:
Aierouch shall and hereby does indemnify and hold City, its officers, agents and employees harmless
from ml demands, claims. actions, causes of action, assessments, expenses, costs, damages, losses, and
liabilities (including reasonable amarmy's fees and costs) actually incurred asserted and/or suffered
(collectively, the "Losses"). whether in persons in property, arising directly from Aifroah's use of the
Leased Premises and the use of the Leased Premises by Ai Touch's employees, ager, (mntractors,
gusts, lianas. or invitees: provided in all events, the aforementioned indemnification shall net apply if
and in the extent that the Lenses Tawe In. or area na the result of, the negligence, grow negligence, or
willful misconduct of City or any of City's employees, agents, convectors, and/or invites. City shall and
hereby does indemnify and hold AirTouch M1mmise from all Losses, whether to persons or property.
arising directly from City's use of the Property and the Ire of the Property by City's employees, ager,
contractors. guests, licensees, or invitees: provided, in all events, the aforementioned indemnification
shall no apply if and in the extent Out the Loses eelme m, or arise w the result of, the negligence, gross
negligence, or willful misconduct of AirTmch or any of AirToneh's employees, agents, centexCurs,
andfor invites.
9. imureoxe. The Parties hereby acknowledge and agree Section 20 of the Agreement is
hereby deleted in its entirety:
AirTouch shall at all times during the terms) hereof and m Aierouch's sole cam and expense maintain in
effect Worker's Compensation insurance with statutory limits and General Liability insurance to cover
bodily injury and property damage, adequate to protect City against liability for bodily injury m death of
any person in connection with the use. operation and condition of the Leased Premises, in an amount not
less than Two Million and No/100 Dollars ($2,000,000.00) of combined single limit bodily injury and
property damage coverage with rot law than Four Million and Noll 00 Dollars (54.000.000.00) in the
aggregate These limits can be rrct using the geneal lability policy limits and umballs/excess limier.
Such policy or policies a insurance shall be issued by a carrier or carriers admitted to do business in
Califomia with a current AM Best Guide rating of A:VII or higher and shall cover the Leased Premises
and include City, its officers. agents and employees as an additional insured. Within thirty (30) days of
(Al Roca
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Airfowh's tempt of a written request from City. and no more than once per calendar year. Aierouch
stall deliver a ceniftute of insurance m City evidencing the lnsurmms requirements ret forth in this
section.
[Signatures appear on the following page.)
IN WITNESS WHEREOF, City and AirTouch have caused this AmetMment to be executed by
each party's duly authorised representative effective as of the date first above wriuen.
City:
City of Sul Beach
AlrTo uh:
Los Angeles SMSA Limited Partnership. dba
Verizon Wheless
By: CAlfnrnis Tower, Ine.,
a Delawarecogpmlrml
Title: Attorney -in -Fact
Prim
rimoos: 5 sewn let
m Name: _
Title: �] LRel .rte. La i
Dere: �L �
ona
M1.1-1
EXHIBIT A
7Me Exhibit Anvly be lake d a Air]'or¢h'x',,plum car dearN dbelow.
PROPERTY
A,T,csrh.rha4 have the right in replace ohlr derer/paae with a description cleauiedf an; City's deed far
deadv) don include the lard area smamparsed by the lease and MrTrmch's unpravraeras thereon
The Ptopeny consists of the amine legal taxable lot ownd by City ere desenbcd in a Beed (or deeds) to
City of which the Raved Premises is a pan thereof with such Property being described below:
Tluo certain lead located in the City of8eal Batch. County of Orange, State of California. being
an undivided portion of Section 31 and 32. Township 4 Soulh, Range I I Wert San Borm dirty
Base and Meridian, in the Rsucho Los Ala stiles, as per the map filed in Book 14, Page 31 of
nems, in the Office of the County Reconler of said county, described as follows:
Beginning at the intersection of the northerly line of Parcel I of the land described in the deed to
the Stale of Califimia reardad February 2, 1960 in Bank 5082, Page 307 ofOfficial Rccmds
with the southeasterly line oflampmn Avenue 80.00 fat wide, m described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records mid pours
being the beginning of a Hove in mid mo themterly line, concave northwesterly having a radius
of 1040.00 feet, a radial to said poi on been S W°11'56" W. thence nonthmstarly 930.35 feet
along mid curve through a cemrsl angle of 51"15' 17"; dance N 38"5639" E 145.00 fact along
said aouthemtedy firm to the westerly comer of fared 3 of the land described in Book 7594,
Page 609 ol'Ofbcial Records; theme N 89'08'14" E 39.05 feet along the motherly lime of said
Parcel to the southwesterly line on Panel 2 described in said deed: theme S 51003'2 1 " E
89.94 feet along mid southwesterly line to the beginning of a curve concave northeasterly having
a mdins of430.00 fact, thence southeasterly 282.46 feel along mid curve through a cantrel angle
of 37"38125" to a point to which a radial been S 01 °18'14" W. said Point being the beginning of
a curve in the westerly lis of Parcel I of the band described in the deed on the City of Seal Beach
recorded Match 13, 1968 in Back 9541, Page 859 of Official Records, said curve being concave
southwesterly having a radio of 15.00 feet thecae soullxashrly 23.27 fat along mid owe
through a central angle of 88053'42"; fhence S OO"11'56" W 220.73 fact along mid wmk:rly line
to the beginning of a Burn concave westerly having a eadius of 40.00 fat; thence motherly
21 A9 fol along said curve through a eentrsl angle of 30°47'03" m the beginning ofa merae
stave concave easterly having a radius of 70.00 feet theme southerly 109.69 tea along mid
curve through a central angle of 89°47'00" an said northerly line of the lata) of the State of
California; than= N 8948'04" W along mid northerly lice to the point orbgponing.
Being Orange County, CA Parcel Numbers 217-361 A3 and 217.361.01.
one a.nli
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li%BIBIT A fcunGnuNd)
LEA.SEDPREMISES
Air'lourh shall hnve rhe riRN m repbce IN, d,,,,,, od with a dev:riprirm obralnrdfrom the )sore or
f"— o d"I"Pdm ohraiaedfrom an ov-h-Ut.1ey comdueted by Airli wit,
l'he Lased Premises consist, of that porion or the Property as defined in the base which shall include
access and undits' easennmxllte square resdAP of the Leased Premises shell be the greater of: fit the
land Rma conveyed m AirTouch its the I.wase; and (ii) Aheroueh'x (and Airl'ouch's customers) existing
impmvertmnts on the properly.
ACCESS AND 11711.ITIFS
l'he atoms and utility eaxemnts include ell easements or ramp as well as that portion of the Property
currently utilized by Aifl'ooch (and Aifl'ouch'x customers) for ingrcse, egress and utility purposes from
IM lose! Pmmixes to add from a public right of way.
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EXHIBIT B
FORM OF MEMORANDUM OF LEASE
owc
use i
Pr ed by and Remrn to,
American Tower
10 presidential Way
Wobtur MA 01901
Ann: Lamd MamgemenVlohn 1. Sullivan, Esq.
ATC Site No: 300772
ATC Site Name: Old Ranch CA
Aasessor's Parcel No(s): _
MEMORANDUM OF LEASE
This Memorandum of Lease (the "Memonadam') is enemd trim on the day of
, 201_ (the ,Efecah, Data") by roil between the City of Sul Beach ("CRY")
and Las Angeles SMSA Limited Partnerships dba Verizon Wirehair ("AfrToach"), (City and AirTouch
being collectively referred to herein as the "Pardee") with reference in the facts act forth in the Recitals
below:.
NOTICE is hemby given of the Lease (as defined and described below) for the purpose of recoding and
giving notice of the exists of said Lease. To the exacts that notice of such Luse has pmviously been
retorted, than this Memorandum shall constitute an amendment Of any such prim recorded notiWs).
I. Fromity and Lease. City is the owner of certain real property being described in EzhlMt A
attached hereto and by this reference made a part hereof (the "Pnpersy"). City (or its predecessor-m-
interes0 and AirTouch (m its predecessor -in -interest) entered into that certain Easement Agreement
dated August 3. 1995 (as the same may have been amended from time to time. collamively, the
"Lsaae'), pursuant to which the Airrouch leases a porion Of the PraPeMy Arm is the beneficiary of
certain easements for access and public utilities, all as acme particularly described in the Lease (such
portion of the Property an, leased along with such portion of the Property so affected, collec(ively, the
"Leased Premhea"), which Leased Premises is also described on Exhibit A.
2. American Tower. AirToceh andlor its parent. affiliates. subsidiaries and other Pasties identified
therein, counted into a sublease agreement with California Tower, Inc., a Delaware coryontion
andfor its parents. affiliates and subsidiaries ("American Tower'). pursuant to which American
Tower subleases, manages, operates and mairltaine, as applicable. the Leased Premixes, all as more
particularly described therein. N connection with these responsibilities, Aterouch has also grained
American Tower a limited power of atmrney (the "POA") W. among other things. prepare, negotiate.
execux, deliver, m Bard i n llor file certain documents on behalf of AuTauch, all as more particularly
set forth in the POA.
3. Exdntion Daft. Subject m the terms, pmvisiom, and conditions of the Lease, and assuming the
exemise by AirTouch of all mnewal options contained in the Luse, the final expiration date of the
OW ame6
6y16a63_I
Lease would be August 31, 2035. Notwithstanding the foregoing. in m event shall Aiel'ouch be
required in exercise any option to mew the term of the Lease.
4. Leased Preaima Ducrluflon. AirTouch still have the right. exercisable by Aierouch u any time
during the original or renewal terms of the Lease, to cruse an as -built survey of the Leased Premises
to be prepared and, thereafter, to mplace. in whole or in pan, the descripti(aNs) of the leased
Premises set forth on &&Lbji A with a legal description or legal descriptions based upon such asbuilt
survey. Upon Aii-Touch's request City shall execute and deliver any documents reasonably
necessary to effectuate such replacement, including, without limim mi, amendment to this
Memoandum and to the Lease.
5, ERecl/MisceBaueous. This Memorandum is not a complete summary, of the tern, provisions and
conditions conmined in the Lose. In the event of a conflict between this Memorandum and the
Leave, the Lease shall cavrol. City hereby gram the right to Aierouch to complete and execute on
behalf of City any government or tracefer tax form: necessary for the recording of this Mmmandum.
This right shall terminate upon recording of this Memorandum.
6. N n0 iCPB. All notices must be in writing and shall be valid upon receipt when delivered by hand. by
nationally recognized courier smite. or by First Class United States Mail, mrtifieA rctum receipr
requested to the addresses ser fords herein: to City u: 211 8th Stred, Said Beach, California 90740:
to AirTmh at: Verizon Wireless, Atm. Network Real Estate, 180 Washington Valley Road
Bedodrmer, N7 07921: with my to: American Tower, Atm: Land Management. 10 presidential
Way. Wobmn• MA 01801, and also with coov to: Atm Legal Dept. 116 Huntington Asenuc, Boston.
MA 02116. Any of the parties hereto, by thirty (30) days prior written noticeto the other in the
mammy provided hemp. may designate one or more different notice addresses from those set foM
above. Refusal to accept delivery of any mice or the inability to deliver any notice because of a
changed address for which no notice was given as required herein. shall be deemed to be receipt of
any such notice.
7. Coumeroarts. This Mernmusu m may be executed in multiple counterparts, each of which when m
executed and delivered, sball be domed an original and all of which, when taken together, shall
constitute one and the are instrument.
8. Governing law. This Menamdum shall be govemed by and construed in all respecm in
accordance with the laws of the Sam or Commonwealth in which the Leased Premises is situated,
withoa regard to the conflicts of laws provisions of such Stam or Commonwealth
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
ow ami
bUlb%3_I
IN WITNESS WHEREOF, City and AhTouch have each executed this Memorandum as of the day and
year set forth below.
CITY 2 WITNESSES
City of Sed Beach
Signature:
Sigmtum:
Prim Name:
Prim Nem
Title:
Date:
Signature:
Print Nam
1JINb. :_W a nl 50
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. actuary, m validity of
that document.
State/Comm govosith
County of
On his _day of .201_, before me.
the undersigned Notary Public. personally appeared
who proved to me on the basis of satisfactory
evidence) to be the pewn(s) whose same(s) istare subscribed to the within marmoset oset and acknowledged
to one that be/shNrhey executed the sam in hiwhedtheir authorized mpacity(ies). and that by hi&IwAheir
sigmture(s) on the jun amnt, the persons) or the entity upon which the pemon(s) acted. executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing
paragraph is true and contact.
WITNESS my hand and official sml.
Notary Public
Print Name:
My commission expires: [SEAL]
[SJGNA TURES CONTINUE ON £OLLOMNG PAGE]
na xur
a211N6J 1
AIRTOUCD
Las Angeles SMSA Limited Partnership, dba
Verimn Wireless
By: California Tower, Inc.
a Delaware corporation
Title: Attomey.m.Fact
Sigluture:
Print Name: Wet
Title:
Date�1"p I %—
WITNESS
Sigrature:
Print Name:
Signaturt:_
Print Name:
WITNESS AND ACKNOWLEDGEMENT
Comnro .hh of Musachuseas
County of Middlesex LL��
" Qnthis�deyof N&OW' 2011, before me
�IeMn jsdki� de undersigned Notary Publwho pr ved to nor en the h
qL—a. , r ,who proved tome on the baso of sazisfutory
evidence) to he the person(s) whose comets) is/are subscribed to rhe within instmmant and acknowledged
to me that he/she/they executed the same in hi~their authorized capacity(iea). and that by hiathedtheir
signature(s) on the ins" ncou. the person(s) or the entity upon which the persons) acted. executed the
imv scent.
WITNESS my hand and official seal.
Notary J is
Print Na
My commission expires:
oldacd
szsissa>_l
p JOHN J SULLIVAN, III
,`i1��J/fr Neluy PUHIe
roaaawunx �auawalem
N/ C n EMrr
Jurval. 4010
Thu Exlu'bir Amoy be replaced ar AirTouch's option ar described below.
PROPERTY
AirTouch shell have the ngm to replace this description with a dewnption obtained from City's deed for
deeds) then include the lard area encompassed by the Lease and AirTouch's impmemmv thereon
The Pmpeny consists of the entire legal taxable Ire owned by City in described in a dad (or deed.) to
City of which the Leased Premises is a part thereof with such Property being described below:
That armin land located in the City of Seal Bomb, Conry crooner, State ofCalifamis, being
an undivided portion of Sections 31 and 32. Township 4 South, Range I I Weer, San Bernardino
Base and Merie im in the Rae -ho Las Abortion, m par the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the immection of the northerly line of Pence 1 of the tend described in the deed to
the Stale ofCahfomia recorded February 2, 1960 in Book 5082, Page 307 ofOfficial Records
with the southeasterly line aflampsson Avenue 80.OD fat wide, as described in the deed to the
City of Seal Bach recorded April 7. 1965 in Book 7475 Page 46 of Official Rocmda, mid point
being the beginning ofa Hove in said southeasterly Iine, concave northwesterly having a radius
of 1040.00 ley a radial to said point bean S DO°I 1'56" W: thence northeasterly 930.35 feet
along said curve thrcuhdh a central angle of51e15' 17"; t e ceN 38°56'39" E 145.00 fat along
said sourhasedy line to the watedy coma of Parcel 3 of the land described in Book 7594,
Page 609 ofOJEclel Records; thence N 89°08'14" E39.05 fat along the southerly lire of said
Petrel 3 to the soudrwmterly line on Panel 2 described in said deed: thence S 51 °03'21" E
99.94 fact along said Norhweaterly line to the beginning ofa curve concave northeasterly having
a radius of430.00 fat theme muthceatetty 282.46 feet along said curve through areal angle
of 37"38'25" to a point to which a radial hems S 01°18'14" W. said point being the beginning of
e curve in the westerly lire ofPacel I ofthe land described in the tlad to the City of Seal Beach
recorded Match 13, 1968 in Book 8541, Page 859 of O1Scia1 Raordt, said curve being concave
Southwesterly having a radius of 15.001et thence soul eaeberiy 23.27 fat along said curve
through a central angle ofW53142"; thence S 00'71'56' W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 fat; thence southerly
21.49 fat along said curve through a antral angle of 30547'03" to the beginning ofa merle
nave concave easterly having a radio of70.00 feet theme southerly 109.69 Feet along said
curve through a central angle of 89°47'00" to said northerly line of the land of the Som of
California; theme N 89"48'04" W along mid northerly lice to the point ofb*nrdng.
Being Ornnge County, CA Parcel Number 217 -MI -03 end 217-361.01.
ow Rw.
6:516963 1
EXHIBIT A (continued)
LEASED PREMISES
AirTouch shall have the right to replace thisdesenpum with a description obtained from the /ease or
from a description obtanedfrom an as-buifssurvey conducted by As'rTouch
The Leased Prandsas consists of that gonion of the Property as defined in the Lesse which anall include
access and utilities easements. The square faatage of the Leased Premises shall be the greater of. (i) the
land area conveyed to AirTouch in the Lease; aM (ii) AVToueh's (and Airl'ouch's customers') exiting
improvements on the Property.
ACCESS AND UTILITIES
The access and utility easements include all easemenu of record as well as that portion of Ina Pmperty
coati utilized by Aifrouch (and AvToucb's customers) for ingress. egress and utility purposes from
the Lessed Premises to aM from a public right of way,
oua.ws
assisess_1
Attachment "B"
RESOLUTION NUMBER 6778
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE FIRST AMENDMENT TO AN EASEMENT
AGREEMENT FOR THE EXISTING CELL TOWER SITE AT 3900
LAMPSON AVENUE (TENNIS CENTER), AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AMENDMENT, THE
MEMORANDUM AND ASSOCIATED DOCUMENTS ON BEHALF
OF THE CITY
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:
Section 1. The City of Seal Beach and AirTouch are currently parties to that
certain easement agreement dated August 3, 1995, through which AirTouch has
located an antenna on City property at 3900 Lampson Avenue in the City.
Section 2. The City Council hereby approves the First Amendment to
Easement agreement in the form attached to the City Council staff report for the
December 11, 2017 City Council meeting, retroactive to September 1, 2015.
Section 3. The approval of this amended easement is exempt from additional
review under the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Sections 15301, 15305, and/or 15331, and statutorily exempt from
CEQA review because it will not cause any physical change or adverse impact
on the environment. This project is further categorically exempt pursuant to
Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with
certainty that there is no possibility that the continuing location of existing
facilities services will have any significant effect on the environment.
Section. The City Manager is hereby authorized to execute the approved
amendment, memorandum of easement, and any other necessary documents on
behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 11 th day of December, 2017 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Sandra Massa-Lavitt, Mayor
ATTEST:
Resolution Number 6778
Robin L. Roberts, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6778 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 11 th day of December, 2017.
Robin L. Roberts, MMC, City Clerk