RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON
WHEN RECORDED MAIL TO:
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY
POMONA, CA 91768
ATTN: Title & Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SCE Doc. No.:156342_ Attach TAPN: 153-432-32 APPROVED: WORK ORDER:
COUNTY: Orange REAL PROPERTIES/ esv
802480897
AGREEMENT OF CONSENT TO LICENSE
THIS AGREEMENT OF CONSENT TO LICENSE ("Agreement") is made and entered into this — _ day of → 20_ (the "Effective Date") by and between City of Huntington Beach, a municipal corporation of the State of California (Licensor"), Los Angeles SMSA Limited Partnership, a California limited partnership, DBA Verizon Wireless ("Carrier"), and SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation ("SCE").
RECITALS
A. Licensor is the owner of that certain real property located in the County of Orange, State of California (identified as Assessor Parcel 153-432-32), as more particularly described in Exhibit "A" attached hereto (the "Property").
B.
communication purposes that encumbers all, or a part of, the Property (the "Easement"). The Easement is more particularly described as Right-of-Way Easement recorded on February 29, 1956, as Instrument No. 29707 in the Official Records of Orange County, California. Those portions of the Property encumbered by (and more particularly described in) the Easement are hereafter referred to as the "Easement Area".
Consistent with the terms of the Easement, SCE has heretofore constructed (and is currently operating and maintaining) certain electric transmission towers, poles and/or other facilities on the Easement Area (collectively, the "Electric Facilities").
SCE and Carrier have entered into that certain Master Agreement dated May 19, as amended (the "Master Agreement"), and that certain Standard Agreement No. VZW00028R (the "Standard Agreement"), the terms of which govern Carrier's installation of communication equipment ("Carrier's Equipment") on the Electric Facilities and on the surface of the Easement Area.
On December 17, 2024, Licensor and Carrier entered into that certain agreement entitled Site License Agreement for Installation and Use of a Communications Antenna Facility and Supporting Equipment (the "License"). Pursuant to the terms of the License, Licensor granted to Carrier the right to enter upon portions of the Property and to install, operate and maintain certain communication equipment on the surface of the Easement Area, including the Electric Facilities.
F. As a condition precedent to the effectiveness of the License, the terms of the License (i) require Licensor and Carrier to make, execute and deliver this Agreement and (ii) authorize SCE to record the fully-executed Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), Licensor, Carrier and SCE memorialize, acknowledge, and agree as follows:
Consent of Licensor. Licensor consents to SCE's grant of permission to Carrier to install, operate and maintain Carrier's Equipment on the Electric Facilities. In providing this consent, Licensor acknowledges and agrees that (i) the permission thus granted by SCE to Carrier shall not be deemed a violation or breach of the Easement and (ii) Licensor shall take no action to terminate, cancel or modify the Easement as a result of (A) the permission granted by SCE to Carrier to install, operate and maintain Carrier's Equipment on the Electric Facilities or (B) any breach, violation or other action (whether of commission or omission) by either Carrier No Liability or Obligation of SCE. Licensor and Carrier acknowledge and agree that SCE does not have, nor shall it ever have, any liability or obligation as a consequence of the execution, delivery, performance, breach, violation of, or other action in relation to, the License.
In the event of any dispute, claim or other matter arising under (or as a consequence of) the License, Licensor and Carrier shall be solely responsible for resolving same at their sole cost and expense. Furthermore, Licensor and Carrier agree that they shall, individually and collectively, defend, indemnify and hold harmless SCE, its parent company, affiliates, directors, shareholders, invitees, employees, agents, contractors, successors and assigns (collectively, 'Indemnified Parties") from and against any and all costs, liabilities, claims and expenses, including those from death or injury to any person or from a loss or damage to any real, personal or other property, arising from the License or the subject matter thereof (including, but not limited to, a breach of any of Licensor's or Carrier's obligations, duties, representations or warranties contained in the License or from the negligent acts or omissions by Carrier, Licensor or any of their respective affiliates, directors, shareholders, invitees, employees, agents, contractors, successors and assigns); provided, however, that the foregoing indemnity obligations shall not apply to matters to the extent arising or resulting from the negligent or intentional acts or omissions of SCE or the other Indemnified Parties.
3. Master Agreement and Standard Agreement. Licensor and Carrier acknowledge and agree that the License does not modify, revise or amend (nor shall it be construed as modifying, revising or amending) either the Master Agreement or the Standard Agreement.
Licensor and Carrier further acknowledge and agree that Carrier's construction, maintenance, repair and operation of Carrier's Equipment upon the Electric Facilities shall be, at all times, subject to the terms, conditions and limitations set forth in the Standard Agreement and the Master Agreement.
Purpose of Agreement; Inconsistencies. This Agreement has been executed and recorded to give notice of the License and the consents and acknowledgments appearing therein for the benefit of SCE. As concerns the rights of SCE, in the event of any inconsistency between this Agreement and the License, this Agreement shall control.
Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns.
6. Governing Law. This Agreement shall be governed by California law.
Attorney's Fees. In the event legal action by any party is brought to enforce any term of this Agreement, to recover damages for any breach thereof or to determine any rights of the parties under this Agreement, the prevailing party in such action(s) may recover reasonable attorneys' fees to be fixed by the court.
Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
[THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW IN WITNESS WHEREOF, this Agreement has been made and given as of the Effective Date first ascribed above.
"LICENSOR"
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
By:
Name:
Its: Mayor
By:
Name:
Its: City Manager
Name: Jenniter Villasenor
Its: Preetor & Commanity Development
"CARRIER"
LOS ANGELES SMSA LIMITED PARTNERSHIP,
a California limited partnership, DBA Verizon
Wireless
By: AirTouch Cellular, Inc., its General Partner
By:
Name:
Its:
By:
Name:
Its:
"SCE"
SOUTHERN CALIFORNIA EDISON COMPANY,
a California corporation
APPROVED AS TO FORM
By: h
By:
MICHAEL J. VIGLIOTTA
CITY ATTORNEY Name:
CITY OF HUNTINGTON BEACH Its:
NOTARY ACKNOWLEDGMENT
A Notary Public or other officer completing this cerificate 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
personally appeared
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.
Signature _ (Seal)
NOTARY ACKNOWLEDGMENT
4. Notary Public rots ofter complain in nite veiles you de, or ore not eul no see in State of California
County of_
Porsonally appeared _before me, _ _a Notary Public,
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.
Signature _ (Seal)
NOTARY 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 before me, _ _a Notary Public,
personally appeared → who proved to me or
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and hikerie grate s) on the instrument the phones, or entry upon behalf of which ire peson act ey. executed the instrument.
free aiy under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is WITNESS my hand and official seal.
Signature _ (Seal)
NOTARY 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.
before me, _ _a Notary Public,
personally appeared
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.
Signature _ (Seal)
NOTARY 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.
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.
Signature_ (Seal)
NOTARY ACKNOWLEDGMENT
1 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of _
_a Notary Public,
True airy uner PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is WITNESS my hand and official seal.
Signature_ _(Seal)
EXHIBIT A TO AGREEMENT
Description of the Property
Commonly known as Talbert Park
The south 200 feet of the Northwest quarter of the Northwest quarter of Section 6, Township 6 South, Range 10 West, in the Rancho Los Bolsas, in the City of Huntington Beach, as shown on a map recorded in Book 51, Page 14, Miscellaneous Maps, records of said Orange County.
Excepting therefrom the portion conveyed to Orange County Flood Control District by deed recorded March 1G, 1961 in Book 5657, Page 674, Official Records.
APN: 153-432-32
EXHIBIT A
AC ORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD/YYYY) 06/19/2024
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endorsements).
PRODUCER ONTAC
Aon Risk Services Northeast, Inc. Holder Identifier:
New York NY office No. Ext): (866) 283-7122 FAC. No.): (800) 363-0105 One Liberty Plaza
165 Broadway. Suite 3201 ANDRESS:
lew York NY 10006 USA
INSURERS) AFFORDING COVERAGE NAIC #
INSURED
INSURER A: LM Insurance Corporation 33600
Verizon Wireless its Subsidiaries Liberty Insurance Corporation and Affiliated Companies INSURER B: 42404
One Verizon way INSURER C: Liberty Mutual Fire Ins co 23035 Basking Ridge NJ 07920-1097 USA
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570106528111 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 NDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
SXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS INSR Limits shown are as requested
TR TYPE OF INSURANCE POLICY NUMBER
LIMITS
COMMERCIAL GENERAL LIABILITY T82691550588144 55702 675703 EACH OCURAGE $2,000,000
CLAIMS-MADE X OCCUR DANAGE TO RENTED $2,000,000
REMISES (Ea oscurren
ED EXP (Any one perso $10,000
PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
X POLICY LOC
JECT PRODUCTS - COMP/OP AGG $2,000,000 570106528111
OTHER:
AUTOMOBILE LIABILITY AS2-691-550588-124 06/30/2024 06/30/2025 CaSINGLE LIMT AOS $1,000,000
] ANY AUTO AS2-691-550588-134 /30/2024/06/30/2025 BODILY INJURY (Per pers OWNED I SCHEDULED NH - Primary
AUTOS
TOS ON TL2-691-550588-184 06/30/2021 06/30/2025 PROPERTY DAMAGE ED AUTO NON-OWNED Certificate No:
ONLY AUTOS ONLY NH - Excess (Per accident)
UMBRELLALIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAINS-MADE AGGREGATE
DED [RETENTION
WORKERS COMPENSATION AND WA569D550588094 06/30/2021 06/30/2025 X PER STATUTE
EMPLOYERS' LIABILITY
YIN AOS
ANY PROPRIETOR/ PARTNER/ EXECUTIVE N 06/30/2024/06/30/2025 E. EACHACCIDENT $1,000,000 A OFFICER MEMBER EXCLUDED? IN/A WC5691550588084
(Mandatory in NH) WI, MN E.L. DISEASE-EA EMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached if more space is required) apply as Primary Insurance & Non-Contributory
APPROVED AS TO FORM
By:_ CCHE
CERTIFICATE HOLDER CANCELLATION
MICHAEL E. GATES
SHOULD ANY OF THE ABOVE DESCRIBED POOEY ATTORNED
EXPIRATION DATE THEREOF, NOTICE XOT PRORHOPING FEAR OLSECTH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Hon Rich Fervices Northeast Iro
ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: TB2-691-550588-144 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
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 Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
City of Huntington Beach, its officers, elected or Per the contract appointed officials, employees, agents and volunteers.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organizations) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury"
"personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage" occurring after:
1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such work, on the
2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of. the the additional insureds) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
relind be the corer or are mento a ene
for such additional insured.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 •
AON
Lisa Lefler, MBA, CPCU, ARM
Sr. Vice President - Casualty
(347) 839-1409 Cell
[email protected]
July 3, 2024 VIA EMAIL
Re: Verizon Communications Inc etal
General Liability & Auto Liability Policies
Liberty Mutual Fire Insurance Company
Policy TB2-691-550588-144 - GL
Policy AS2-691-550588-124 - Auto
Effective June 30, 2024
Dear Sir/Madame:
Verizon's General Liability & Auto Liability policies include ISO endorsements (see attached) which grant primary and non-contributory status to any additional insureds as required by contract.
Since these are ISO endorsements, they cannot be modified. Like most ISO endorsements, ISO did not include a place for carriers to include any policy information.
CG 20 01 12 19 - GL
CA 0 449 11 16 - Auto
Should you have any questions about the insurance on these policies or endorsements, please feel free to contact me at 3478391409 or at [email protected].
Very truly yours,
Lisa Leffer
Aon Risk Services Northeast, Inc
One Liberty Plaza
165 Broadway
New York, NY 10006
Policy Number TB2-691-550588-144
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION AND NON-RENEWAL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
GARAGE COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
MOTOR TRUCK CARGO COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRINTERS LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK
WAREHOUSEMAN'S LEGAL LIABILITY COVERAGE PART
e will not cancel or non-renew this policy or make changes that reduce the insurance afforded by this polic til written notice of cancellation, non-renewal or reduction has been mailed or delivered to those schedule below at least
a) 10 days before the effective date of cancellation, if we cancel for non-payment of premium; or days before the effective date of the cancellation, non-renewal or reduction if we cancel or reduce the insurance afforded by this policy for any other reason.
NAME ADDRESS
Per schedule on file with the Company Per schedule on file with the Company LIM 02 01 12 11
© 2011, Liberty Mutual Group. All rights reserved. Page 1 of 1
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured.
B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the Schedule
Name of Other Person(s) / Organizations): Email Address:
Per Schedule on file with
Verizon Communications, Inc.
All other terms and conditions of this policy remain unchanged.
Issued by LM Insurance Corporation 27243
For attachment to Policy No. WA5-69D-550588-094 Effective Date Premium $ Issued to Verizon Communications Inc. Endorsement No.
WC 99 20 74 © 2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016