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Home My WebLink AboutD-1660 2230 Flora Street Recorded 08/08/2005• • • • I WHEREAS, Verizon Wireless has entered into a Communications Site Lease Agreement with the, Owner for construction, operation and maintenance of a communications facility within the property which includes the City Easements. WHEREAS, the Verizon Wireless communication facility requires installation of a communications conduit within an easement granted by Owner to Verizon Wireless (the "Verizon Wireless Easement "). The Verizon Wireless Easement lies within a portion of the City Easements as shown on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: USE OF SITE. The City hereby consents to and acknowledges the construction, maintenance and use by Verizon Wireless of a conduit for communications, within the City Easements. 2. TERM. The term of this Agreement shall commence upon the date of this Agreement's full execution by the parties hereto, and shall continue until the expiration of termination of this Lease. 3. CITY EASEMENTS. Verizon Wireless acknowledges that City's interest in and to the City Easements was recorded prior to the Verizon Wireless Easement. Verizon Wireless acknowledges and agrees that City has retained and continues to reserve all rights to use all portions of the City Easements for all the purposes for which City Easements were acquired. 4. FACILITIES CONFLICT. Verizon Wireless agrees to submit plans to the City for review and approval prior to any construction, which approval shall not be unreasonably withheld, delayed or conditioned and shall be within twenty -five (25) days in writing after Verizon Wireless submits such plans to the City. City reserves the right to lay, construct, repair alter, relocate and maintain subsurface, surface or other improvements of any type within the City Easements described above. If the City reasonably finds that the location or relocation of such subsurface, surface, or other improvements conflicts with Verizon Wireless facilities constructed or maintained pursuant to the Verizon Wireless Easement and under this Agreement, whether such improvements were constructed before or after the improvements of the City, Verizon Wireless shall relocate permanently or temporarily, as directed at the reasonable discretion of the City Utilities Director, and as reasonably agreed to by Verizon Wireless, any such facility at no expense to the City upon receipt of a written reasonable request from the City Utilities Department to do so and shall Johnson Avenue 2 •. commence such work, by beginning engineering, surveying or other pr l - construction activities, on or before the date specified in such written request, which date shall not be less than thirty (30) days from receipt of such written request. Verizon Wireless shall thereafter with commercially reasonable diligence prosecute such work to completion. 5. HOLD HARMLESS AND INDEMNIFICATION. Verizon Wireless agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Verizon Wireless' employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Verizon Wireless and its agents, officers or employees in performing the work associated with its facilities in the Verizon Wireless Easement or access thereto and all expenses of investigating and defending against same; provided, however, that Verizon Wireless' duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 6. ASSIGNMENT. This Agreement may be sold, assigned or transferred by Verizon Wireless without any approval or consent of City or Owners. Written notice shall be provided to the City within thirty (30) days of any assignment. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective as to the City only upon approval by the City Administrative Officer of the City. 8. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto as to the subject matter hereof. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo,, CA 93401 3 Johnson Avenue i i •• Verizon Wireless. GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Owner Dale W. King 2230 Flora Street San Luis Obispo, CA 93401 10. AUTHORITY TO EXECUTE AGREEMENT. The City, Owners and Verizon Wireless do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute this Agreement for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. i C F S LUIS OBISPO, Corporation B: Municipal City Administrative Officer APPROVED AS TO FORM: OWNER Dale W. King and Margaret M. King, Trustees of the King Family Trust dated April 26, 2002 City orney By: Dale W. ne. Trustee King, Trustee GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless By Cellco Partners 'p t neral Partner By. Name: Robert . Swaine Title: West Area Vice President, Network Date: O� — %�- 0 S- 4 Johnson Avenue U • CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA ) )!SS. COUNTY OF MARICOPA ) On this 1�p day of j , 20 6; before me, the undersigned, a Notary Public in and for the State Hof Arizon , duly commissioned and sworn, personally appeared Robert F. Swaine to me known to be an authorized representative of GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless, for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute the said instrument. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I . I 6FF161ALSE .,�/lli/ �A�i✓ JANET LOEBS Print or e Name: JANETLOEBS NOTARYPUBLIC- ARIZONA yp MARICOPA COUNTY Notary ublic in and for the State of AZ, residing at My Comm. Expires Dec. 24, 2006 y $ MARTODPA COUNTY My appointment expires: DEC 24, 2006 Johnson Avenue State of California } County of San Luis Obispo } On July 29, 2004, before me, Diane R. Stuart, Notary Public, personally appeared Kenneth Hampian ( X ) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his .capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Notary • OFFICIAL SEAL on • �' DIANE R. STUART NOTARY PUBLIC -CALIFORNIA s3 COMMISSION #1305430 SAN LUIS OBISPO COUNTY MY Commission Exp. June 20, 2005 ( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -.in -fact ( X ) political agency Consent to Common Use Agreement 5 Johnson Avenue 00 ACKNOWLEDGMENT I State of California ) ) ss. County of San Luis Obispo ) 09. On ytb-1'25 .ZDO! , before me, Co a Notary Public personally appeared I:tnGf proved to me on the basis of satisfactory evidence) to be the person whose name, is subscribed to the within instrument, and acknowledged to me that he%sbe executed the same in his /#per authorized capacity, and that by his/lw signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument: Witness my hand and official seal. COURTNEY MOFM @Comm ftslon tt 14116V Notary Public - CCIfornia San Luis Obispo County ..My Comm. Expires May 4, 20W 6 Johnson Avenue ACKNOWLEDGMENT State of California ) ) ss. County of San Luis Obispo ) 00 On Aida lc' 27, om1 , before me, a. Notary Public, personally appeared ti nJ .,PrS^„aii' known 4° `4= EXHIBIT "A° 0 30 .,DID R& - N52 04 ` L CST o N E 100 - (PER R) o0a _ Q \\ W es " LOT F APN- 073-381 -022 (F E R R) 125 O.R. 376 PROPOSED VERIZON 2 ' X 30' ` \ \7 EQUIPMENT AREA (600 sf) o T.P,O.B. 1 EXISTING UTILITY N26'06'02 °E 46.58' POLE (POINT OF a C2 ` {LEASE TIE) 589 O.R. 486 BEGINNING FOR N Zi N63'S3'S OUND 1° IRON PIPE &TAG PROPOSED UTILITY o 4 'I4CLO,45' /� RCE 12748 (POINT OF EASEMENTS NO. & 3) �+ Na'. ` \ LEAS BEGINNING, LEASE AREA) 4 / BOUNDARY DOES NOT top \ CLOSE (PER R) s `1`� j N86- 48 -38 "E (C) rn W rL. 'ti % �� 81.76 (C) rm .- 4t' o x,}589 O.R. 486 - _J!_--7-1401 O.R. 114 EXISTING UTILITY POLE (TRLT1✓ POINT OF BEGINNING FOR PROPOSED UTILITY EASEMENT NO. 1) FOUND 2' IRON PIPE LS — 3877 (POINT OF BEGINNING FOR PROPOSED UTILITY EASEMENTS) i DRAWN BY DKN /JP DATE 07/28/05 y / . / A / X L FOUND 1' IRON PIPE LS 3671 PARCEL IPER R -2) CHECKED BY DM SCALE 1 " =100' N40'29'44 "E, 92.15' (TIE) ROPOSED UTILITY EASEMENT NO. 1) LOT G (PER R) IN oI%V�Nz I7ESIC3N GROUP. II%TC. AR CHITECTJRE CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING PROJECT MANAOCM4TIT SUR VEYINO TELECOMMUNICATIONS 100 Cray Ste*, SuBe 101, Son tub Ofto CA, 934011 Phone: (805) 344 -9700, Fox (8M 54443 7 emo0: Ido®omnideaipngmup.com GRAPHIC SCALE 100 0 50 100 200 ODG JOB NO. I 540 -19A I SHEET { IN FEET ) 2 OF 2 1 inch = 100 ft. END OF DOCUMENT i i DRAWN BY DKN /JP DATE 07/28/05 y / . / A / X L FOUND 1' IRON PIPE LS 3671 PARCEL IPER R -2) CHECKED BY DM SCALE 1 " =100' N40'29'44 "E, 92.15' (TIE) ROPOSED UTILITY EASEMENT NO. 1) LOT G (PER R) IN oI%V�Nz I7ESIC3N GROUP. II%TC. AR CHITECTJRE CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING PROJECT MANAOCM4TIT SUR VEYINO TELECOMMUNICATIONS 100 Cray Ste*, SuBe 101, Son tub Ofto CA, 934011 Phone: (805) 344 -9700, Fox (8M 54443 7 emo0: Ido®omnideaipngmup.com GRAPHIC SCALE 100 0 50 100 200 ODG JOB NO. I 540 -19A I SHEET { IN FEET ) 2 OF 2 1 inch = 100 ft. END OF DOCUMENT When Recorded Please Return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca 93401 CONSENT TO COMMON USE AGREEMENT THIS CONSENT TO COMMON USE AGREEMENT ( "Agreement') is made and entered into in the City of San Luis Obispo on this . 1�/ day of , 200,z by and among,, the City of San Luis Obispo, a municipal corporation ( "City "),.GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless ( "Verizon Wireless "), and Dale W. King and Margaret M. King, Trustees of the King Family Trust dated April 26, 2002, whose address is 2230 Flora Street, San Luis Obispo ( "Owner'). WITNESSETH: WHEREAS, the City has acquired an interest to certain rights of way and easements, herein referred to as "City Easements ", and described as follows: I. An easement for the construction and maintenance of waterlines and facilities as recorded December 12, 1950, in Book 589, at Pages 486 -487, of Official Records. 2. An easement to construct, maintain, operate, patrol, reconstruct, repair, remove; replace, increase and/or change the number and/or size of pipes, pipelines, hydrants, accessories and appurtenances for the conveyance and distribution of water as recorded June 24, . 1966, in Book 1404at Pages 114 -116, of Official Records. Johnson Avenue j n 565XYIli � ' � IJ JULIE RODEWALD Lo .I San Luis Obispo County —ClerklRecorder 8108120 Recorded at the request of 9:28 AM Recording Requested By: Public GTE Mobilnet of Santa Barbara Limited Partner 0 o C #: 2005065585 Titles: 1 Pages: 9 d/b /a Verizon Wireless Washington fees 31.00 Bedminster, ew Jersey 07921 III I�IIII�IIIIIII�IIIII� III�III Ilu Taxes Others 0.00 0.00 Attention: Network Real Estate PAID $31.00 (Re: Johnson Avenue Cell Site) When Recorded Please Return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca 93401 CONSENT TO COMMON USE AGREEMENT THIS CONSENT TO COMMON USE AGREEMENT ( "Agreement') is made and entered into in the City of San Luis Obispo on this . 1�/ day of , 200,z by and among,, the City of San Luis Obispo, a municipal corporation ( "City "),.GTE Mobilnet of Santa Barbara Limited Partnership d/b /a Verizon Wireless ( "Verizon Wireless "), and Dale W. King and Margaret M. King, Trustees of the King Family Trust dated April 26, 2002, whose address is 2230 Flora Street, San Luis Obispo ( "Owner'). WITNESSETH: WHEREAS, the City has acquired an interest to certain rights of way and easements, herein referred to as "City Easements ", and described as follows: I. An easement for the construction and maintenance of waterlines and facilities as recorded December 12, 1950, in Book 589, at Pages 486 -487, of Official Records. 2. An easement to construct, maintain, operate, patrol, reconstruct, repair, remove; replace, increase and/or change the number and/or size of pipes, pipelines, hydrants, accessories and appurtenances for the conveyance and distribution of water as recorded June 24, . 1966, in Book 1404at Pages 114 -116, of Official Records. Johnson Avenue j n 565XYIli � ' � IJ