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Home My WebLink AboutD-1998 AT&T Wirless Services of California aka AT&TAT&T Wirless and Donald & Barbara Stimson Consent to Common Use AgreementRecording Requested By: AT &T Wireless When Recorded Please Return to: City Clerk kECEIVED City of San Luis Obispo J U N 1. 2 2 015 990 Palm Street San Luis Obispo, Ca 93401 P ` ' ' of TOMMY GOf1IP-, San Luis Obispo inty— Clerk/Recorder Recorded at the request of Public DOC #: 2015027111 CONSENT TO COMMON USE AGREEMENT TJB 6/04/2015 12:09 PM Titles: 1 Pages: 6 Fees Taxes Others PAID APN 073 - 341 -008 r THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this .Z day _JV)U :F- , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, AT &T Wireless Services of California, LLC, a Delaware limited I�iiabilityccompany, d/b /a AT &TAT &T Wireless, hereinafter referred to as AT &TAT &T Wireless, and 4eee4t�. Stimson and Barbara M. Stimson, husband and wife, as joint tenants whose address is 2100 Slack Street, San Luis Obispo, hereinafter referred to as Owners. WITNESSETH: WHEREAS, the City is the owner in possession of certain rights of way and easements, herein referred to as "City's easements ", and described as follows: 1. An easement for the purpose of construction a water tank and waterline as shown on record of survey map recorded April 9, 1956 in Book 8, at Page 8, of Record of Survey. 2. An easement for street and utility purposes as recorded September 7, 1978, in Book 2098, at Page 632, of official records. WHEREAS, AT &T AT &T Wireless has acquired a Antenna Site Lease Agreement with the Owners for location of mobile /wireless communications facilities within the property which includes the City easement. WHEREAS, the AT &TAT &T Wireless mobile /wireless communication facilities occupies a portion of the City's easement as shown on Exhibit "A" attached hereto and made a part hereof. 29.00 0.00 0.00 $29.00 ,4 lgq� NOW THEREFORE, ' onsideration of their mutual promises, oblil ins, and covenants hereinafter contained, the parties hereto agree as follows: 1. USE OF SITE. That the City hereby consents to the construction, maintenance and use by AT &T Wireless for mobile /wireless communication facilities upon the City's easement in the area of common use upon and subject to the terms and conditions herein contained. 2. CITY EASEMENTS. AT &TAT &T Wireless acknowlAT &Ts the City's title to City easements in said area and the priority of City's title over the title of AT &TAT &T Wireless therein. The City has and reserves the right and easement to use for all the purposes for which City easements were acquired. 3. FACILITIES CONFLICTS. AT &T Wireless shall submit plans to the City for review and approval prior to any construction. The 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 finds that the location or relocation of such subsurface, surface, or other improvements conflicts with AT &T Wireless facilities constructed or maintained under this agreement, whether such improvements were constructed before or after the improvements of the City, AT &T Wireless shall relocate permanently or temporarily, as directed at the sole discretion of the City Utilities Director, any such facility at no expense to the City upon receipt of a written request from the City Utilities Department to do so and shall commence such work, by beginning engineering, surveying or other pre - 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. AT &T Wireless shall thereafter diligently prosecute such work to completion. Should AT &T Wireless neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, AT &T Wireless shall be responsible for and shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. 4. ACCESS TO SITE. AT &T Wireless shall have the right to use the access road for ingress and egress to the mobile /wireless communication facilities site for construction and maintenance activities. The City shall not unreasonably restrict access to the site. Per the agreement between the Owners and AT &T Wireless, any damages to the access roads caused by AT &T Wireless shall be repaired at their sole cost. In addition, maintenance of the access road, per the referenced agreement, shall be shared equally between all parties using the site. Agreement Page 3 5. HOLD HARMLESS AND INDEMNIFICATION. AT &T 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 AT &T Wireless's 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 AT &T Wireless, and its agents, officers or employees, in performing the work associated with their facilities or access to their facilities, and all expenses of investigating and defending against same; provided, however, that AT &T Wireless's 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. AT &T Wireless shall not transfer or assign any of the rights or privileges granted herein, except upon the written consent of the City and Owners. The City's consent shall not be withheld without cause. 7. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective 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. 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. 9. 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 AT &T Wireless AT &T Wireless Services 12900 Park Plaza Drive Cerritos, CA 90703 -8573 Owners Scott D. & Barbara M. Stimson 2100 Slack Street San Luis Obispo, CA 93405 10. AUTHORITY TO EXECUTE AGREEMENT. The City, Owners and AT &T Wireless do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. r i ATT City Clerk APPROVED AS TO FORM: — A --- �C'ity Attorney CITY OF SAN LUIS OBISPO, A Municipal Corporation J By Cit Administrativ ffficer OWNERS S ""SO4 & Barbara M. Stimson, husband and wife, as joint tenants By: AT &T WIRELESS SERVICES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, D /B /A AT &T WIRELESS By: AT &T Wireless Services, Inc., a Delaware corporation, its Member emA � i ff-> VT z LLJ LLJ LL, zi Z c) LLI —C4 Lo LU 11 t LL iZ! uS CY Za MW IN /M nm J. x x 46y x ul A fv 3;i w a ❑ Ins 'o II 2L NZ Lu 3 1 (13 ZX.K J ZW 0 or- -540— -op F4 C9 it Z s g - UJ z z ti ow F< 2 LU 08 L z3.0 z I e! LAO STATE OF CALIFORNIA ) ss: COUNTY OF WS Yi vh leen O xno Yrn,) On ~ t i 'I;� v� 2002, before me, 61 Wn-, personally appeared _, personally know the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. TRACYE D. BROOKS COMM. #1273905 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY J My COMM. Expirm Aug_ 14, 2004 STATE OF ss: i I CC, N RY UBLIC / My commission expires: COUNTY OF I tA r)v ) 16N(LD S eOTi11156M On , 2002, before me, �; p ee , personally appeared/, personally known the entitydpon be f of which the person acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) ss: COUNTY OFS&fLui s N) SPO ) ,r N TARY PUBLIC My commission expires: YWWA L yl PUINIt of h�'�ct I omjm S� l�r►►��a On (v 2002, before me, 0.tk� .rr►5(lpersonally appeared, personally known the entity Uon behalf of which the person acted, executed the instrument. WITNESS my hand and My commission expires: PAMaA K KING Commission # 1227306 Notary Public - CdffO nia _¢ San Lutz Obispo Courtly My Comm. Expires 1ul 2, 2000 END OF DOCUMENT