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HomeMy WebLinkAboutTOWERCO ASSETS LLC (3)d Sl ? ofl IN J CAL I . ri INSURANCE NOT ON FILE A-2009-198 WORK MAY HOT FROCEEC CLERK OF COUNCIL AMENDMENT TO LAND LEASE AGREEMENT ,)ATF: t --I -L THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendmentis entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement (A-2002-095-01) dated June 3, 2002, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 4815 West Camille St., Santa Ana, CA 92704 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000088780, on February 26, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA2935 - Heritage First Amendment DM# V1 Page 1 r I . 4 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. ATTEST: MARIA D. HUIZAR Clerk of the Council Approved as to Form Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney CAI-935 - Heritage First Amendment DM# V1 LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California , By: Name: DAVID N REAM Its: City Manager Date: LESSEE: TOWERCO ASSETS limited liability company LLC, a Delaware By: Name: Michael P. MacPherson Its: Vice President / General Manager Date: Page 3 TowetCo Site Tame, Number. Heritage. CA2935 SprintCeanvire Site Name.Ntunber. Heritage' CA-ORC53&0 LETTER OF AUTHORIZATION APPLICATION FOR ZONING/LAND USE ENTITLEMENTS Property Address: 4815 W. Camille St.. Santa Ana. CA 92704 Assessor's Parcel Number: 108-120-34 IIWe, the owner(s) of the above described property, authorize Reliant Land Services, Inc. on behalf of Clearwire, an affiliate of Sprint, to act as an agent on my/our behalf for the sole purpose of consummating any and all building and land-use permit applications, or any other entitlements necessary for the purpose of modifying, effliancing and/or operating the existing wireless telecommunications facility. I/We understand that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits, and at all times thereafter. UWe further understand that signing of this authorization in no way creates an obligation of any kind ONYNER(S): THE CITY OF SANTA ANA Print Name Title Signature Date: Title Signature Date: State of Califoniia County of ) SS. On before me, ( ), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his`her/their authorized capacity(ies), and that by his her%their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Print Name Signature (Seal) My commission expires: REQUEST FOR APPROPRIATION ADJUSTMENT Appropriation Adjustment No: 0 Date: December 7, 2009 Department: Recreation Community Services TYPE OF ADJUSTMENT Transfer of Funds (No Council Action Required) Transfer of Funds (Council Action Required) Council Action Date aW Approved: Yes No 4t/ Clerk of th ouncil From: Capital Outlay Fund To: Capital Outlay Fund Accounting Unit - Account # - Description Amount Accounting Unit - Account # - Description Amount 05102002 57010 Misc. Recoveries 10,800 05113263 66220 Improvements Other Than Bldg. 10,800 Total 10,8001 Total 10,800 JUSTIFICATION FOR REQUEST: This appropriation adjustment is being requested to recognize revenue from TowerCo LLC for cell tower equipment at Heritage, Rosita and Windsor parks. Department Head APPROVED AS TO FUNDS AND ACCOUNTS: APPROVED: ?? '`1C°RO? CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ?? 4n/2o7z 3/16/2011 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 A1??/D, ?T??ED?.?R TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON?ffrtU'FJ(:<.L.?C?Iif-R/1? BC3CNI?J THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eertiflcate holder is an ADDITIONAL INSIq; Wa pollcy(1eg) (r)t4sY? be Brlgorsed. If SUBROGATION IS WAIVED, subject to the farms and condNfons of the policy, certain policies may P 4ndorseMentG /A s ton this ceRlflcate does not confer rights to the certificate holder In lieu of such endorsement(s). LL , , ? 1 A' PRODUCER Lockton Companies, LLC-1 Kansas City 444 W. 47th Street, Suite 900 a No E:t . we No Kansas Cit MO 64'1'12-1906 (6'16) 960-000 E-MAIL NSURED SPRINT PCS ASSETS, L.L.C. 4966 6480 SPRINT PARKWAY OVERLAND PARK KS 66251 IPr - oZ ?? - L G-F? COVERAGES SPR C(7O'i 77F CFRTIFICATF NIIMFiFR• ')SG 7'705 ov?ncr?u u? uaeve. vvvvvvv THIS tS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER LICY EFF POLICY EXP LIMITS ,4 GENERAL LIABILITY ?j Tj GL4014104273 4/1/2011 4/1/2014 EACH OCCURRENCE 2 000 000 X COMMERCIAL GENERAL LIABILITY PDAMAGE TO RENTED XXXXXXX CLAIMS-MADE ? OCCUR MED EXP An one rson XXXXXXX X CONTRACTUAL LIAB. PERSONAL 8 ADV INJURY $ 2 OOO OOO X "'TENANTS LEGAL LIAB GENERAL AGGREGATE $ I O OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 3 OOO OOO X PRO- I Y S A AUTOMOBILE LIABILITY N N BUA4014704287 4/1/2011 4/1/2014 COMBINED SINGLE LIMIT X ANY AUTO BODILY INJURY (Per parson) $ XXXXXXX p AUTOS NED gUTOS ULED BODILY INJURY (Per eceitlant $ XXXXXXX HIRED AUTOS ANUTN?OWNED 3 PROPERTY DAMAGE $ XXXXXXX Cara ekee ers $ Included UMBRELLA LUiB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION $ $ C B WO AND RKERS COMPENSATION EMPLOYERS' LIABILITY Y / N N WC4014104225((RETRO) 4/1/207 1 4/1/2012 WC STATU- OTH- X I B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEM6ER EXCLUDED9 ? N/A WC40 1 4 1 0423 9(DEDUCTIBLE WC40 1 4 1 04242 (CA) 4/1/207 7 4/1/20]7 4/1/2012 4/1/20]2 E.L. ec.cl-1 ACCIDENT $ 1 000000 B IMyenOatory IR NH) N/A IN MONOP LI TIC STAT S E.L. DISEASE - Fl EMPLOYEE 1 OOO OOO DESORIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT 1 OOO OOO DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /(Attach ACORD 101, Adtlitlonal RamarKS Schedule, If more apace Is required) 'FIRE DAMAGE IS INCLUDED IN BROADER TENANT'S LEGAL LIABILITY FORM WITH LIMITS OF $7,000,000 PER OCCURRENCE. THE CITY OF SANTA ANA, ITS OFFICERS AGENTS, REPRESENTATIVES, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS ON A PRIMARY BASIS AS REQUIRED BY G?ONTRACT AND SUBJECT TO POLICY TERMS AND CONDITIONS. RE: INSTALLATION, OPERATION 8c MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT. Dom-,. ?/? I - 54 43 4 ? l W ?`-- CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE pErX?PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN APPRC? V ?" ly q.? 1 4{?y "DANCE WITH THE POLICY PROVISIONS. 255'1295 CITY OF SANTA ANA _ - / ATTN: CARLA MACK-THOMPKINS [,aura St- t t 20 CIVIC CENTER PLAZA ; ., I .?; ty At SANTA ANA, CA 92702 ' "' ` ACORD 25 (20'10/05) © 9 8-20'1 O ACCT The ACORD name and logo are registered marks of ACORD ?4 -o?m°1 - C?1.? SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL WRITTEN NOTICE IN ACCORDANCE WITH THE POLICY PROVISIONS TO THE CERTIFICATE HOLDER NAMED WITHIN THE STATED TIME FRAMES OF 30 DAYS, EXCEPT FOR REASON OF NON-PAYMENT OF PREMIUM AT 10 DAYS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miscellaneous Attachment : M463964 Master ID: 14966, Certificate ID: 2551295 POLICY NUMBER: SEE ATTACHED CERTIFICATE COMMERCIAL GENERAL ENDT. P7 LIABILITY CG 2010 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES 8r VOLUNTEERS- OR ANY PERSON OR ORGANIZATION FOR WHOM ADDITION AS ADDITIONAL INSURED USING THIS FORM, AS SPECIFICALLY REQUESTED 1N A WRITTEN CONTRACT OR AGREEMENT. THE CITY OF SANTA ANA, IT'S OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND VOLUNTEERS, ARE ADDITIONAL INSUREDS WHICH IS ON PRIMARY BASIS, AND ALL OTHER INSURANCE SHALL BE NON-CONTRIBUTORY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Miscellaneous Attachment : M3185 Certificate ID :2227218 . 11I CERTIFICATE OF LIABILITY INSURANCE ?? 4/1/2013 F DATE 3/29/DD/YYYY) 3/29/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC-1 Kansas City CONTACT 444 W. 47th Street, Suite 900 K C 1 AX No EXt ; No ansas ity MO 64112-1906 (816) 960-9000 E-MAIL ADDRESS: INSURER(S) AFFORDING - - INSURER A : Continental Casual COm an 20443 INSURED SPRINT PCS ASSETS, L.L.C. ± 1 n L.CJ-Xtl V Vk-'?,S INSURER B : American Casual Company of Reading, PA 20427 14966 6480 SPRINT PARKWAY OVERLAND PARK KS 66251 ?Q GCS 1 INSURER C : Transportation Insurance Company 20494 1t k-1 Lli c i i -A p INSURER E, COVERAGES SPR0003 DE CERTIFICATE NUMBER. 222721 R REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY N N GL4014104273 4/1/2011 4/1/2014 EACH OCCURRENCE 2 000 OOO X COMMERCIAL GENERAL LIABILITY PREMI ES [F. To RENTED CLAIMS-MADE EK]OCCUR MED EXP An one person) XXXXXXX X CONTRACTUAL LIAB. PERSONAL & ADV INJURY s2,000,000 X -TENANTS LEGAL LIAB GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 X P LI Y E LO $ A AUTOMOBILE LIABILITY N N BUA4014104287 4/1/2011 4/1/2014 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ XXXXXXX AUTOWNED AUTOSULED BODILY INJURY (Per accident $ XXXXXXX HIRED AUTOS AUUTOSWNED Perr acEcidenDAMAGE $ XXXXXXX Gara ekee ers $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N N WC4014104225(RETRO) 4/1/2012 4/1/2013 WC STATU- OTH- X T CRY LIMITS[ I FR B B ANY OFFICER/MEMEREXCLUDED? ECUTIVE ? NIA WC4014104239(DEDUCTIBLE WC4014104242(CA) 4/1/2012 4/1/2012 4/1/2013 4/1/2013 E.L. EACH ACCIDENT $ 1000000 B (Mandatory in NH) If yes describe under N/A IN MONOPOLISTIC STAT S E.L. DISEASE - EA EMPLOYEE 1,000,000 , DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES /(Attach ACORD 101, Additional Remarks Schedule, if more space is required) *FIRE DAMAGE IS INCLUDED IN BROADER TENANT'S LEGAL LIABILITY FORM WITH LIMITS OF $1 000 000 PER OCCURRENCE THE , , . CITY OF SANTA ANA ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL INSUREDS WHICH , IS ON A PRIMARY BASIS, AND ALL OTHER INSURANCE SHALL BE NON-CONTRIBUTORY, AS REQUIRED IN THE CONTRACT AND INCLUDED IN THE POLICY FORM. RE: INSTALLATION OPERATION & MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT AT , VARIOUS LOCATIONS. • x.11"' Y? (?. i ?, - -;. ???... .1t;a?. 11,. 2227218 CITY OF SANTA ANA PARKS, RECREATION & COMMUNITY SERVICES ATTN: DOLORES RAMOS 888 W. SANTA ANA BLVD, SUITE 200 PO BOX 1988 M-23 SANTA ANA CA 92702 ACORD 25 (2010/05) All rights reserved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. f The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL WRITTEN NOTICE IN ACCORDANCE WITH THE POLICY PROVISIONS TO THE CERTIFICATE HOLDER NAMED WITHIN THE STATED TIME FRAMES OF 30 DAYS, EXCEPT FOR REASON OF NON-PAYMENT OF PREMIUM AT 10 DAYS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miscellaneous Attachment : M463964 Master ID: 14966, Certificate ID: 2227218 POLICY NUMBER: SEE ATTACHED CERTIFICATE COMMERCIAL GENERAL ENDT. P7 LIABILITY CG 2010 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES & VOLUNTEERS. OR ANY PERSON OR ORGANIZATION FOR WHOM ADDITION AS ADDITIONAL INSURED USING THIS FORM, AS SPECIFICALLY REQUESTED IN A WRITTEN CONTRACT OR AGREEMENT. THE CITY OF SANTA ANA, IT'S OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND VOLUNTEERS, ARE ADDITIONAL INSUREDS WHICH IS ON PRIMARY BASIS, AND ALL OTHER INSURANCE SHALL BE NON-CONTRIBUTORY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Miscellaneous Attachment : M3185 Certificate ID : 2227218 CG 20 10 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 Miscellaneous Attachment : M3185 Certificate ID : 2227218