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HomeMy WebLinkAboutCROWN CASTLE FIBER, LLC (2)INSURANCE ON FILE IVORK MAY PROCEED p� UNTIL INSURANCE EXPIRES (4-i-Oa P�` CLERK OF COUNCIL DATE: c LYV0hv\e.Sot6)F1q SUPPLEMENT AGREEMENT A-2020-118B This Supplement ("Supplement"), is approved by Licensor this LK day of AvojA 20 Z1 (the date executed by all parties, referred herein as "Supplement Effective Date"). 1. Supplement. Licensee has submitted an application for approval to use a Municipal Facility pursuant to that certain Municipal Facility License Agreement between Licensor and Licensee dated March 6, 2021 ("Agreement"). Licensor has reviewed the application and grants approval subject to the terms of this Supplement. All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. IF THE SUPPLEMENT IS NOT COUNTER- SIGNED BY LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS GRANTED APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE WILL BE REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOCIATED FEES. 2. Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the "Licensed Area") depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto. 3. Equipment. The Equipment to be installed at the Licensed Area is described and depicted in Attachment 1. 4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for the life of the Agreement, as described in Paragraph 2 of the Agreement. 5. License Fee/Alternate License Fee. The initial fee for this Supplement shall be as follows per year: $270.00. This fee is subject to annual increase as provided in the Agreement, and is payable in accordance with the Agreement. 6. Performance Bond. The Performance Bond [circle one] is is no covered by existing performance bond. If not covered by existing performance bond, a bon is required pursuant to Section 8 of the Agreement. Miscellaneous. [Signature page follows] A-1 IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally executed in duplicate, effective upon execution by both parties. Accepted: Licensor: CITY OF SANTA ANA, CA By: 1"L -..`"k4 Name: Nabil Saba, P.E. Title: Executive Director Public Works Agency Date: 06/16/2021 Licensee: cQwr,l C,1,06- Attachments: Attachment 1 — Licensed Area (SOC146m4) Attachment 2 — Equipment List and Description A-2 Attachment 1 Licensed Area [Map showing licensed area of applicable Municipal Facility and showing proposed Equipment installation A-3 M N C d p v a Qp N ♦l, V 4 C ryry -0 o r E <1 V C O Z 4 i I _ w w Y I, I 15 NO1NIl0 �.. ...... .......... ... ..._.................... _.. ...... ......_.. ... .........us... �.. �.. 1 N N H z w x U d E• F d \ / | |!|f o@ , h / | 7m:. \ \ \ \ 8 /._ \tA 144 � ..� . � � ] � ) - 2 � ^ } 2q | \\ | » mm,. \\/m uu A is / � Iva� �§ �. . \ � � \ � � \ \ Crown Castle Equipment List: • (1) Ericsson 6514 Shroud • (1) 35' +/- Fiber jumper • (1) 35' +/- DC power jumper 0 Endos ie Moptfon 3 Technical Data This section describes the physical characteristics, environmental data, and the power supply of the enclosure. 3.1 Dimensions Figure2 Dimensions of Enclosure Table 1 Dimensions, Weight, and Color 0imenslons Width (A) 2%mm (t)Am.) Height (0) 1190 mm (w 85 in) Depth induding mounting bmcket(q 240 Weight M mn „rmmw Francine R. Villareal w:..,( on.mzros.is�saausuaPage 1 0£ 2 ACORO� CERTIFICATE OF LIABILITY INSURANCE OS/04/2021 D05/04ATE I/2021 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 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 endorsement(s). PRODUCER Willis Tow Towers Watson Northeast, Inc. c/o 26 Century Blvd CONTACT C...Castle International NAME: PHONE FAX A/C No: E�AIL ADDRESS: COIRe4u eat@crowncastle. com P.O. Beer 305191 INSURERS AFFORDING COVERAGE NAICk Nashville, TN 372305191 USA INSURERA: Federal Insurance Company 20281 INSURED Crown Castle International INSURER B: National Union Fire Insurance Company of P 19445 INSURER C: Berkshire Hathaway Specialty Insurance Com 22276 See Attached Named Insured List INSURERD: AID Insurance Company 19399 1220 Augusta Dr. Suite 600 Houston, TX 77057 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: W20873940 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 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 LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICV EXP MMIDOIYYYY LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) PREMISES Ea occurrence $ 1,000,000 MEO EXP (Any one person) $ 10,000 A y y 3605-33-35 LID 04/01/2021 04/01/2022 PERSONAL &ADV INJURY $ 1,D00,000 GENT X AGGREGATE LIMIT APPLIES PER: POLICY❑PRO- ❑ JECT LOC GENERAL AGGREGATE S 2,D00,000 PRODUCTS-COMP/OP AGG $ 2,D00,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acrid m $ 1,000,000 BODILY INDRY(Par person) $ X ANY AUTO B AUTOSOWNESCHEDULED AUTOS ONLY AUTOS I Y CA 7030894 04/01/2021 04/01/2022 BODILY INJURY Per accitlent ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accitlen[ $ Is C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE Y 47- ONO -303445-07 04/01/2021 04/01/2022 DED I X I RETENTION$ 25,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOWPARTNEREXECUTIVE OFFICER/MEMBEREXCWDED9 No NIA I WC 016393106 04/01/2021 04/01/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMIT $ 1,000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached Names space is retained) RE: MUNICIPAL FACILITIES LICENSE AGREEMENT - Site Location: Public Rights -of -Way - Various Site Locations - Named Insured: Crown Castle Fiber LLC City of Santa Ana (Licensor), its council members, officers, and employees are included as Additional Insureds under the General Liability and Auto Liability policies as their interest may appear and as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured. City of Santa Ana Risk Management Division 20 Civic Center Pleas Santa Ana. CA 92702 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED�REPRESENTATIVE (T�ATIVE VEPlDyw- ©1988.2016 AC The ACORD name and logo are registered marks of ACORD -- Ir: 21058122 earru: 2081195 RENEMIED & APPRcAIED Sr. 1 F"L , Z V [CWAI Alligililmom Ruk Management Analyst AGENCY CUSTOMER ID: LOC #: A`OWhr ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Crown castle International Willis Towers Watson Northeast, Inc. See Attached 1220 Augusta Named Insured List Dr. suite 600 POLICY NUMBER See Page 1 Houston, Tx 77057 CARRIER NAIC CODE EFFECTIVE DATE: See Page 1 See Page 1 Be- Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance It is further agreed that such insurance as is afforded shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by Additional Insureds if agreed in written contract. General Liability, Automobile Liability, Umbrella/Excess Liability, and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insureds when agreed in written contract prior to the loss, but always subject to the policy terms, conditions and exclusions as permitted by law. RlakMmagemodD[WNon RwEwm 6 APPROV®BY: ACORD 101 (2008I01) ©2008 ACORD C % €µ.";04 P, V:,[---- The ACORD name and logo are registered marks of ACORD I Rhk Management Anayu SA ID: 21058122 HATCH: 2081195 CERT: w20873990 Crown Castle International Corp. Consolidated Subsidiaries as Named Insureds 24/7 Chesapeake Holdings, LLC Crown Castle GT Corp. 2417 Mid -Atlantic Network of Virginia, LLC Crown Castle GT Holding Sub LLC 2417 Mid -Atlantic Network, LLC Crown Castle International Corp. Access Fiber Group Holdings LLC Crown Castle International Corp. de Puerto Rico Access Fiber Group, Inc. Crown Castle International LLC AirComm of Avon, L.L.C. Crown Castle Investment Corp. Atlantic Coast Communications LLC Crown Castle Investment 11 Corp. CA - CLEC LLC Crown Castle MM Holding Corp. CC Castle International LLC Crown Castle MM Holding LLC CC Edge LLC Crown Castle MU LLC CC Edge Solutions LLC Crown Castle MUPA LLC CC Finance LLC Crown Castle NG Atlantic LLC CC FN Holdings LLC Crown Castle NG Central LLC CC Holdings GS V LLC Crown Castle NG East LLC CC Site Acquisitions 11 LLC Crown Castle NG Networks LLC CC Sunesys Fiber Networks LLC Crown Castle NG West LLC CC TM PA LLC Crown Castle Operating Company CC Towers Guarantor LLC Crown Castle Operating LLC CC Towers Holding LLC Crown Castle Orlando Corp. CC TS LLC Crown Castle PR LLC CCATT Holdings LLC Crown Castle PR Solutions LLC CCATT LLC Crown Castle PT Inc. CCATT PR LLC Crown Castle Puerto Rico Corp. CCGS Holdings Corp. Crown Castle Services LLC CCPE Acquisitions LLC Crown Castle Solutions LLC CCPR VI Tower Newco LLC Crown Castle South LLC CCS & E LLC Crown Castle TOG LLC CCT2 Holdings LLC Crown Castle TLA LLC CCTM Holdings LLC Crown Castle Towers 05 LLC CCTM1 LLC Crown Castle Towers 06-2 LLC CCTM2 LLC Crown Castle Towers 09 LLC CCTMO LLC Crown Castle Towers LLC Chesapeake Fiber, LLC Crown Castle USA Inc. Coastal Antennas LLC Crown Communication LLC ComSite Venture, Inc. Crown Communication New York, Inc. Coverage Plus Antenna Systems LLC Crown Mobile Systems, Inc. Cross Connect Solutions, Inc. (PA) DAS Development Corporation Crown Atlantic Company LLC Fiber Technologies Networks, L.L.C. (NY) Crown Castle AS LLC Fibernet Direct Florida LLC Crown Castle Atlantic LLC Fibernet Direct Holdings LLC Crown Castle Augusta LLC Fibernet Direct TEL LLC Crown Castle BP ATT LLC Fibernet Direct Texas LLC Crown Castle CA Corp. Fibertech Facilities Corp. (NY) Crown Castle Fiber Holdings Corp. (formerly LTS Group Holdings LLC) Fibertech Holdings Corp. Crown Castle Fiber Enterprise LLC (formerly Sunesys Enterprise LLC) Fibertech Networks, LLC Crown Castle Fiber LLC f/k/a Lightower Fiber Networks II, LLC Freedom Telecommunications, LLC Crown Castle GS III Corp. Global Signal Acquisitions II LLC Crown Castle GT Company LLC Global Signal Acquisitions III LLC Risk MWWgmnmEDM6iun REnEwm & APPRmED Br. facr.d„he 2. V:1Lcaut Ruk Management Analyst Crown Castle International Corp. Consolidated Subsidiaries as Named Insureds Global Signal Acquisitions IV LLC Global Signal Acquisitions LLC Global Signal GP LLC Global Signal Holdings III LLC Global Signal Holdings IV LLC Global Signal Operating Partnership, L.P. Global Signal Services LLC GoldenState Towers, LLC GS Savings Inc. GSPN Intangibles LLC High Point Management Co. LLC ICB Towers, LLC InfraSource FI, LLC InSITE Fiber of Virginia LLC InSITE Solutions LLC Interstate Tower Communications LLC Intracoastal City Towers LLC IX2 Center, LLC IX2 Wilshire, LLC JBCM Towers LLC Light Tower Clearinghouse LLC Light Tower Fiber New York, Inc. (NY) Light Tower Holdings LLC Light Tower Management, Inc. Light Tower Metro Fiber LLC Lightower Fiber Infrastructure Corp. Lightower Fiber Networks I, LLC Lightower Fiber Networks II, LLC nik/a Crown Castle Fiber LLC LL Q1-18, LLC LTS Buyer LLC LTS Group Holdings LLC n/k/a Crown Castle Fiber Holdings Corp LTS Intermediate Holdings A LLC LTS Intermediate Holdings B LLC LTS Intermediate Holdings C LLC Md7 Capitol One, LLC Mobile Media California LLC Mobile Media National LLC Modeo LLC MW Cell REIT 1 LLC MW Cell TRS 1 LLC NEON Transcom, Inc. NewPath Networks Holding LLC NewPath Networks LLC NY - CLEC LLC OP 2 LLC OP LLC P3 CHB-1, LLC P3 Holdings 2014 LLC P3 OASA-1, LLC P3 PBA-1, LLC PA - CLEC LLC Pinnacle San Antonio L.L.C. Pinnacle St. Louis LLC Pinnacle Towers Acquisition Holdings LLC Pinnacle Towers Acquisition LLC Pinnacle Towers Asset Holding LLC Pinnacle Towers Canada, Inc. Pinnacle Towers III LLC Pinnacle Towers Limited Pinnacle Towers LLC Pinnacle Towers V Inc. PR Site Development Corporation PR TDC Corporation Princeton Ancillary Services II LLC Princeton Ancillary Services III LLC Radio Station WGLD LLC RGP Tower Group, LLC Shaffer & Associates, Inc. Sidera Networks UK Limited (UK) Sidera Networks, Inc. Sierra Towers, Inc. Sunesys Enterprise LLC n/kla Crown Castle Fiber Enterprise LLC Sunesys of Massachusetts, LLC Sunesys of Virginia, Inc. Sunesys, LLC Thunder Towers LLC Tower Development Corporation Tower Systems LLC Tower Technology Company of Jacksonville LLC Tower Ventures III, LLC TowerOne 2012, LLC TowerOne Allentown 001, LLC TowerOne Bethlehem 001, LLC TowerOne Doylestown, LLC TowerOne East Rockhill 001, LLC TowerOne Marple, LLC TowerOne Middletown 001, LLC TowerOne Middletown 002, LLC TowerOne Middletown 003, LLC TowerOne North Coventry, LLC TowerOne Partners, LLC TowerOne Richland, LLC TowerOne Upper Pottsgrove 002, LLC TowerOne Upper Pottsgrove, LLC TowerOne Warminster 001, LLC TowerOne Warrington 002, LLC Risk Mraganeld DlAslon ,Rw wm & ArrRav® Sr. Risk Management Analyst Crown Castle International Corp. Consolidated Subsidiaries as Named Insureds Towers Finco II LLC Towers Finco III LLC Towers Finco LLC TriStar Investors LLC TVHT, LLC WA - CLEC LLC WCP Wireless Lease Subsidiary, LLC WCP Wireless Site Funding LLC WCP Wireless Site Holdco LLC WCP Wireless Site Non -RE Funding LLC WCP Wireless Site Non -RE Holdco LLC WCP Wireless Site RE Funding LLC WCP Wireless Site RE Holdco LLC Wilcon Holdings LLC Wilcon Operations LLC Wilshire Connection, LLC Wilshire Services, LLC Wireless Funding, LLC Wireless Realty Holdings II, LLC Wireless Revenue Properties, LLC Yankee Metro Parent, Inc. W1kMnugemadDM91an REVIEWED 6 APPRCNm Br. ®l 00 - Risk Management Malys[ C H U B B• Policy Conditions Endorsement Policy Period APRIL 1, 2021 TO APRIL 1, 2022 Effective Date APRIL 1, 2021 Policy Number 3605-33-35 LIO Insured CROWN CASTLE INTERNATIONAL CORPORATION Name of Company FEDERAL INSURANCE COMPANY This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Conditions, the following condition is added. Conditions Notice Of Cancellation When we cancel this policy for any reason, other than non-payment of premium, we will notify To Scheduled Persons person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellation Or Organizations When date - We Cancel Any failure by us to notify such person(s) or organization(s) will not: • impose any liability or obligation of any kind upon us; or • invalidate such cancellation. Schedule If you are obligated, pursuant to a written contract or agreement, to provide person(s) or organization(s) with notice of cancellation, then we will notify such person(s) or organization(s) provided that within 15 days of the date we send notice of cancellation to the first named insured, the first named insured or producer of record provides us with a spreadsheet containing the name, mailing address and, if available, e-mail address of the person(s) or organization(s). All other terms and conditions remain unchanged Notice Of Cancellation To Scheduled Persons Or Organizations Policy Conditions (Except Non -Payment Of Premium) Form BDA2-9779(Ed. 311) Endorsement Risk MeuganmtDmdon ,. s�fI Itavle 6AreRovm Br i�11 :1 ® Ruk Managem nt Malyst Conditions (continued) Conditions Authorized Representative Q� AV. , Notice Of Cancellation To Scheduled Persons Or Organizations 'Except Non -Payment Of Premium) Form 80-02-9779(Ed. 3-11) Endorsement REmEwE3 6 APPRovED Sr F-u c R. Vz" Risk Management Analyst C H U B B• Liability Insurance Endorsement Policy Period APRIL 1, 2021 TO APRIL 1, 2022 Effective Date APRIL 1, 2021 Policy Number 3605-33-35 LIO Insured CROWN CASTLE INTERNATIONAL CORP. Name of Company FEDERAL INSURANCE COMPANY This Endorsement applies to the following fors: GENERAL LIABILITY LIQUOR LIABILITY Under Who Is An Insured, the following provision is added Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization thispolicy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contractor agreement; and • with respect to damages,loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardlessof any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement.This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. 4-�`w.e�.:G"-sTR3'v'C.�?iT`IX43ti!i 5�I&9 T•iGKt1�Y4YStdY�S a.t_ hZ'-a.li-d'fST'.'86:c13ksni'%yJ'f'$�.}TRkST�-W..'lG.ye-ifl.Y W.}_'dYa �A i^=-_'�-�]`-�.'t>Y Liability Insurance Additional Insured- Scheduled Person Or Organization Fisk Mowgm5o5tpivWnn Form 80-02-236 7 (Rev. 5-07) Endorsement '� ` D&AP�S"• ® Risk Management Maly5t C:HUBB` Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated,pursuant to a contractor agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative p—Oss— Liability Insurance Additional insured- Scheduled Person Or Organization Risk Mntaganmf DMsWn Form 80-02.2367(Rev. 5-079 Endorsement �% ff`„ [GRine ✓SDAPPRov®gy. Rkk Management Analyst C H U B B' Liability Insurance Endorsement Policy Period APRIL 1, 2021 TO APRIL 1, 2022 Effective Date APRIL 1, 2021 Policy Number 3605-33-35 LIO Insured CROWN CASTLE INTERNATIONAL CORP. Name of Company FEDERAL INSURANCE COMPANY aosv�s��nsusm xrsv�.smm�. This Endorsement applies to the following forms: GENERAL LIABILITY EMPLOYEE BENEFITS ERRORS OR OMISSIONS LIQUOR LIABILITY STOP GAP Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance - If you are obligated, pursuant to a written contract or agreement, to provide the person or Primary, Noncontributory organization described in the Schedule (that is also included in the Who Is An Insured section of this Insurance -Scheduled contract) with primary insurance such as is afforded by this policy, then this insurance is primary and Person Or Organization we will not seek contribution from insurance available to such person or organization. Schedule Persons or organizations described in the Who Is An Insured section of this contract and that you are obligated, pursuant to a written contract or agreement, to provide with primary insurance as is afforded by this policy, but only to the minimum extent required by such contract or agreement. All other terms and conditions remain unchanged. o Authorized Representative c.--_4��u�__�iL Liability Insurance Conditions- Other Insurance - Primary, Noncontributory Insurance - Form 80-02-2653 (Rev. CItF/Ia &DAPPRovED Sr ^ r�AFh/Hr`� • VA-WA1 Risk Manageimnt Malyst Berkshire Hathaway Specialty Insurance Berkshire Hathaway Specialty Insurance Company Commercial UmbTel a Liability o Occurrence Binder of Insurance Date: 04/02/2021 Policy Number:47-UMO-303445-07 Renewal Of: 47-UMO-303445-06 Broker To: Willis Towers Watson Northeast, Inc. One PPG Place loth floor Pittsburgh, PA 15222 Company Underwriter From: Paul Trapp Berkshire Hathaway Specialty Insurance 85 Broad Street, 7th Floor New York, NY 10004 paul.trapp@bhspecialty.com Named Insured: Crown Castle International Corporation Mailing Address: 1500 Corporate Dr Canonsburg, PA 15317 Named Insured is: Corporation The Business of the Named Insured is: REIT- Communication Towers Policy Period: Effective From 04/01/2021 to 04/01/2022; Form Number: ULP-UM-002-02/2014 Both days at 12:01 am local standard time at the mailing address of the Named Insured. LIMITS OF INSURANCE: A. Each Occurrence Limit: $10,000,000 B. General Aggregate Limit: $10,000,000 C. Products -Completed Operations Aggregate Limit: $10,000,000 SELF -INSURED RETENTION: $25,000 ALLOCATED EXPENSES: Outside the Limit PREMIUM: Total Advance: Total Minimum Annual: Minimum Earned: Terrorism Premium Included in Advanced: Estimated Total Annual Exposure: Auditable/Not Auditable: Not Auditable Rate: Flat COMMISSION: 0% SCHEDULED UNDERLYING INSURANCE: See Schedule of Underlying Insurance Page 1 RieleMaugemadDtmalatt RENEV/FD 6 APPRWm ar. Risk Management Analyst Berkshire Hathaway Specialty Insurance ENDORSEMENTS: UL-UM-001-07/2013 Schedule of Underlying CL-UN-005-02/2017 Employment Practices Exclusion (ISO based) CL-UN-010-04/2020 Violation of Communication or Information Law Exclusion CUP-UN-017-07/2013 Securities Exclusion CUP-UN-022-07/2013 Absolute Lead Exclusion (ISO based) CLP-UN-027-08/2013 Bodily Injury Redefined Endorsement (Converts to Iso Language) CLP-UN-036-09/2013 Absolute Silica Exclusion CL-UN-045-10/2016 Waiver of Rights of Recovery Against Others to Us (Waiver of Subrogation) CLP-UN-065-10/2013 Primary Noncontributory - Other Insurance Provision CLP-UN-070-10/2013 Punitive or Exemplary Damages CLP-UN-082-06/2014 Cross Suits Exclusion (Named Insureds) CL-UN-083-04/2020 Act of Terrorism Self -Insured Retention Endorsement CLP-UN-084-12/2013 Foreign Terrorism Exclusion CLP-UN-087-12/2013 Exclusion - Financial Services CLP-UN-119-05/2014 Total Nuclear, Radiation And Radioactive Matter Exclusion Endorsement CLP-UN-129-07/2014 Broad Form Named Insured CL-UN-172-06/2015 Antitrust, Unfair Competition, Consumer Fraud Exclusion UL-UM-003-03/2018 Coverage Excluded by Scheduled Underlying Insurance CL-UN-113-02/2016 Confidential or Personal Information Disclosure Exclusion Endorsement CL-UN-021-05/2016 Fungi Exclusion CL-UN-071-05/2016 Aircraft Products and Grounding Exclusion CL-UN-204-06/2020 Coverage Territory Amendatory Endorsement CL-UN-075-04/2020 Cap on Losses From Certified Acts of Terrorism Manuscript ELECTROMAGNETIC RADIATION ENDORSEMENT WITH RETAINED LIMIT Manuscript UNMANNED AERIAL SYSTEM FOLLOW FORM ENDORSEMENT NOTICES: • Policyholder Disclosure Notice of Terrorism Insurance Coverage Terms and Conditions: • This binder is being provided by an admitted carrier. • Premium is due within 30 days of the Effective Date of the policy. • The policy will include the exclusions and endorsements per the attached schedule. • If, between the date of the original submission and the effective date of this binder, there is a material change in any of the information (including but not limited to claims or potential claims) originally submitted or subsequently requested by the Company, the insured is required to notify the Company immediately. The Company reserves the right to terminate this binder or modify the terms of this binder in event of a material change in such information. Subject To: This binder is conditioned upon receiving and approving the following information within 30 days of the effective date, except as otherwise stated: • Underlying policies within 60 days. • Our final layer pricing is subject to our review and acceptance of all actual excess layer pricing above our layer. We reserve the right to adjust our premium if we determine any participation placed excess of our layer attracts a disproportionate rate per million. If this information is not received and approved, the Company reserves the right to terminate this binder or modify the terms of this binder. "v RLAEWm 6 APRRovm By: s 2Risk Management Malpt Other: Page 2 17. Violation of Economic or Trade Sanctions If coverage for a claim or "suit" under this policy is in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for that claim or "suit" will be null and void. 28. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the Insured, will submit to jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. It is further agreed that service of process may be made upon us as provided in the Declarations with respect to Service of Suit, and that in any suit instituted against us, upon this policy, we will abide by the final decision of such court or of an appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Counsel listed in the Declarations with respect to Service of Suit as the person to whom the said officer is authorized to mail such process or a true copy thereof. B. Loss Conditions 1. Duties in the Event of an Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" that may result in a claim or "suit" underthis policy. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and any witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence". b. If a claim is made or "suit" is brought against any "insured" which is reasonably likely to involve this policy, you must notify us in writing as soon as practicable. Written notice should be mailed, delivered, faxed or e-mailed to us at as provided in the Declarations with respect to notice in the event of a claim. c. You and any other involved "insured" must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and w.kixwIon c^±•e.l t\4 REVIEWED 6 APPROv® BY. Page 20 1 ULP-UM-002-02/2014 R e�rq Vnt Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the "insured" because of injury or damage to which this insurance may also apply. d. No "insured" will, except at that "insured's" own cost, voluntarily make a payment, assume any obligation or incur any expense, other than for first aid, without our consent. 2. Transfer of Rights of Recovery If any "insured" has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The "insured" must do nothing after loss to impair these rights and must help us enforce them. Any recoveries will be applied as follows: a. Any person or organization, including the "insured", that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first; b. We then will be reimbursed up to the amount we have paid; and c. Lastly, any person or organization, including the "insured" that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations, including the "insured", in the ratio of their respective recoveries as finally settled. If, prior to the time of an "occurrence", you waive any right of recovery against a specific person or organization for injury or damage as required under an "insured contract", we will also waive any rights we may have against such person or organization. V. DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an "advertisement". 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, mental anguish, mental injury, shock or humiliation resulting from any of these at any time. xuz Rw=M & APPROVa] BY: Page 21 1 ULP-UM-002-02/2014 RBk Management Anaryrt Includes copyrighted material of Insurance Services office, Inc., with its permission. 00 4. "Coverage territory" means: a. The United States of America, including its territories and possessions, Puerto Rico and Canada; and b. If provided by "scheduled underlying insurance", anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. If coverage for a claim under this policy is in violation of any U nited States of America's economic or trade sanction, including, but not limited to, sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") then coverage for that claim shall be null and void. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Hostile fire" means afire that becomes uncontrollable or breaks out from where it was intended to be. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. B. "Insured" means: a. The "named insured"; b. If you are designated in the Declarations as: (1) An individual, you and your spouse are "insureds", but only with respect to the conduct of a business of which you are the sole owner; (2) A partnership or joint venture, you are an "insured". Your members, your partners, and their spouses are also "insureds", but only with respect to the conduct of your business; (3) A limited liability company, you are an "insured". Your members are also "insureds", but only with respect to the conduct of your business. Your managers are "insureds", but only with respect to their duties as your managers; (4) An organization other than a partnership, joint venture or limited liability company, you are an "insured". Your executive officers and directors are "insureds", but only with respect to their duties as your officers or directors. Your stockholders are also "insureds", but only with respect to their liability as stockholders; (5) A trust, you are an "insured". Your trustees are also "insureds", but only with respect to their duties as trustees; c. Your "employees" other than your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business; d. Your "volunteer workers" only while performing duties related to the Page 22 1 ULP-UM-002-02/2014 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Rwn SAPPROVED Br t F4MN Z vj/o l Risk Managem nt Malyst ENDORSEMENT This endorsement, effective 12:01 AM: 04/01/2021 Forms a part of Policy No.: 47-UMO-303445-07 Issued to: Crown Castle International Corporation By: Berkshire Hathaway Specialty Insurance Company SCHEDULE OF UNDERLDING THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY Coverage Insurer Limits of Insurance Description Policy Period Retentions Policy Number Defense Treatment General Liability Federal Insurance Company $1,000,000 Per Occurrence US - United States 04/01/2021 to 04/01/2022 $1,000,000 Personal and Advertising Injury Limit Commercial General Policy #3605-33-35 $2,000,000 General Aggregate $2,000,000 Products -Completed Operations Aggregate Liability $250,000 Deductible Defense Treatment: Outside the Limit Auto Liability National Union Fire $1,000,000 CSL US - United States Insurance Company of $250,000 Deductible Commercial Automobile Pittsburgh, Pa. Defense Treatment: Outside the Limit 04/01/2021 to 04/01/2022 Liability Policy #CA7030894; CA7030895;CA7030896 Employer's Liability AIU Insurance Company, Ltd. $1,000,000 Each Accident US - United States 04/01/2021 to 04/01/2022 $1,000,000 Each Employee Employer's Liability Policy #WC016393106; $1,000,000 Policy Limit WC016393107; $250,000 Deductible WC016393108 Defense Treatment: Outside the Limit Employer's Liability New Hampshire Insurance $1,000,000 Each Accident US - United States Company $1,000,000 Each Employee Employer's Liability 04/01/2021 to 04/01/2022 $1,000,000 Policy Limit Policy#WC016393109 $250,000 Deductible Defense Treatment: Outside the Limit Auto Liability Universal Insurance $1,000,000 CSL US - United States Company (PR) Auto Liability - Puerto 04/01/2021 to 04/01/2022 Defense Treatment: Outside the Limit Rico Policy #09-518-000594523-4/000 Pagel I UL-UM-001-07/2013 RhiMmugementDhidm wkIiEV1E &APPROVED Rr v Rhk Management MAysl 01 limp Berkshire Hathaway hi Specialty Insurance ENDORSEMENT This endorsement, effective 12:01 AM: 04/01/2021 Forms a part of Policy No.: 47-UMO-303445-07 Issued to: Crown Castle International Corporation By: Berkshire Hathaway Specialty Insurance Company 0 7"KER70) 70 1.I'S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY SCHEDULE Name Of Person Or Organization: Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the "occurrence" or "offense". The following Condition is added to the policy: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written and executed contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above. All other terms and conditions of this policy remain unchanged. Pagel I CL-UN-045-10/2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Managrnient Diuisian REVIEWED &ryryAP(PRov}m BY: 111 r `'hFM��f h. YsG(Nl6 t ® Risk Nlana9ement Analyst Berkshire Hathaway ki Specialty Insurance ENDORSEMENT This endorsement, effective 12:01 AM: 04/01/2021 Forms a part of Policy No.: 47-UMO-303445-07 Issued to: Crown Castle International Corporation By: Berkshire Hathaway Specialty Insurance Company PRIMARY NONCON7i`IBI, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY FOLLOW FORM EXCESS LIABILITY POLICY PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY The following Condition is added to the policy: Primary Noncontributory — Other Insurance The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that: (a) The additional insured is a named insured under such other insurance; and (b) Prior to an "occurrence" you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured. All other terms and conditions of this policy remain unchanged. Page 1 1 CLP-UN-065-10/2013 RIAM.Vmtod.Dhieton o% t Rl lfiEVttm&APPRCWD Y' cc Risk Management Analyst Of U, CUSTOMARQ COMMERCIAL COVERAGE Policy Number: 3605-33-35 Company: Federal Insurance Company Effective Date: April 1, 2021 to April 1, 2022 LL4BILITYINSURANCE COVERAGE General Liability General Aggregate Limit Products/Completed Operations Aggregate Limit Advertising Injury and Personal Injury Aggregate Limit Each Occurrence Limit LIMITS $2,000,000 $2,000,000 $1,000,000 $1,000,000 Medical Expenses Limit $10,000 Damage to Premises Rented to You Limit $1,000,000 Bodily Injury and Property Damage Deductible - Each Event $250,000 General Aggregate Limit with Per Location/Per Project and Combined Total Aggregate endorsement, subject to: Combined Total Aggregate Limit Employee Benefits Errors or Omissions - Claims Made Aggregate Limit Each Claim Limit Deductible - Each Claim Retroactive Date: Liquor Liability Premises 1 January 1, 2006 $50,000,000 $1,000,000 $1,000,000 $1,000 Aggregate Limit $1,000,000 Each Common Cause Limit $1,000,000 Bodily Injury/Property Damage Deductible - Each Event $100,000 Stop Gap Liability Premises 2 Aggregate Limit $1,000,000 Bodily Injury By Accident - Each Accident Limit $1,000,000 Bodily Injury By Disease - Each Employee Limit $1,000,000 Ride Mmagmwd DWm It mE & aeraov® Eh- F4M,,,L" Z Mv,4d 99�mm—' Ruk Management Malys[ POLICY FORMS 80-02-2047 11-18 LIAB GLOBAL EXTENSION W/CONTROLLED UL INS 80-02-2362 04-01 CONDITION -WAIVER OF TRANS./RIGHTS OF RECOVERY 80-02-6541 03-05 CONDITION - PREMIUM AUDIT 80-02-2367 05-07 ADDL INSURED -SCHEDULED PERSON OR ORGANIZATION 80-02-8287 10-09 COVERAGE TERRITORY, SCHEDULED 80-02-2305 03-17 ADDL INSD - OWNER/LESS/CONT - ONGO OPS, SCHED 80-02-0010 04-94 LIABILITY DECLARATIONS 80-02-2000 04-01 GENERAL LIABILITY 80-02-2008 04-01 LIQUOR LIABILITY 80-02-2012 06-98 EMPLOYEE BENEFITS ERRORS OR OMISSIONS 80-02-2022 04-94 STOP GAP 80-02-2306 04-01 ADD'L INSURED - STATE OR POL. SUBDIV.-PERMITS 80-02-2324 11-06 NON -ACCUMULATION OF LIMITS OF INSURANCE 80-02-2397 04-01 EXCLUSION - TOTAL POLLUTION 80-02-2403 02-98 NAMED INSURED 80-02-2653 07-09 PRIMARY NONCONTRIBUTORY -SCHEDULE PERS OR ORG 80-02-6385 10-02 EXCLUSION -ELECTROMAGNETIC RADIATION EXCEPTION 80-02-6403 01-15 CAP ON CERTIFIED TERRORISM LOSSES 80-02-6528 01-13 EXCL-INFO LAWS INCL UNAUTH OR UNSOLICT COMMUN 80-02-6530 01-14 EXCL-ALCOHOLIC BEVERAGE LIABILITY, TOTAL 80-02-6554 03-17 PER LOC/PROJECT LIMITS WITH COMB TOTAL AGGREG 80-02-6566 04-04 EXCLUSION - ASBESTOS 80-02-6588 03-06 COMPOSITE RATE 80-02-6595 05-06 DEDUCTIBLES 80-02-8265 10-08 EXCLUSION - PROFESSIONAL SERVICES, SCHEDULED 80-02-8290 05-10 EXCL - INTELLECTUAL PROPERTY LAWS OR RIGHTS 80-02-8298 04-12 COND-WAIVR OF GOV'T IMMUNITY- PORT AUTH NY/NJ 80-02-8423 04-12 EXCLUSION - LOSS OF USE ELECTRONIC DATA 80-02-8427 01-14 BODILY INJ PROP DAMAGE LIAB COV - LIQUOR LIAB 80-02-8446 03-17 ADDT INSD - OWNER/LESS/CONT - COMP OPS, SCHED 80-02-8635 11-17 COV-PROD WITHDRWL EXP & CRISIS ASSISTANCE EXP Rink MmagemedWslan ® Rak Mlanagement Matpt