HomeMy WebLinkAboutSPRINT 1 - 2004
'INSURAN~E NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 1..;21-0'1
C .' ;:J,ees
(;e. tJllll )
A-2004-138
LAND LEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND SPRINT PCS ASSETS, LLC for
ADAMS Park OG60XC661B
This Agreement, made this & iA- day of ;]i{1~ ,2004 between the City of Santa Ana, a charter city
and municipal corporation organized and existing under e ConslltutlOn and laws of the State of Caltfomla
hereinafter designated "LESSOR" and Sprint PCS Assets, L.L.c., a Delaware limited liability company, hereinafter
designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties".
L PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the
entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is
attached hereto as Exhibit "A"), located at 2302 South Raitt, Santa Ana CA, and being described as a 26' by 22' parcel
cOnJaining 572 square feet and space required for cable runs to connect LESSEE's equipment and antennas, as shown
on the Tax Map of the City of Santa Ana as the Kuffel and Fletcher Tract and being further described in Deed Book
19.t Page 48 as recorded in the Miscellaneous records of Los Angeles County, together with the non-exclusive right for
ingress and egress, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot
or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and
pipes over, under, or along a five (5') foot wide right-of-way extending from the nearest public right-of-way, to the
demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for
access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof.
In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to
grant an alternative right-of-way either to the LESSEE or to the public utility, subject to LESSOR'S approval of location
and' size of said alternative right-of-way, at no cost to the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto
and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A".
Costs incurred for such work shall be borne by the LESSEE.
" 3. TERM. This Agreement shall be effective as of the date of execution by both parties. provided,
however, the initial term shall be for ten (10) years 8lId shall commence on the Commencement Date (defined below).
4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of
twenty four thousand $(24,000.00) to be paid in equal monthly installments of two thousand per month on the first
day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to
time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall be abated until
30 days after the issuance of a building permit or until two (2) months after the date of execution of this Agreement,
whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date,
LESSEE agrees to pay a late charge equal to 6% of the then-current monthly rent
5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
increase of 3% per year, to be increased on each anniversary of the Commencement Date.
6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the
exetution of this Agreement by all parties, the LESSEE hereby agrees to pay to the LESSOR upon execution of this
Agreement, a one-time, non-recurring, non-refundable payment equal to one month's rent.
7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional
five-year (5) terms unless the LESSEE terminates at the end of the then-current term by giving the LESSOR written
notice of the intent to tenninate at least four (4) months prior to the end of the then-current term. After expiration of the
original term, LESSOR reserves the right to deny any such extension, no less than six (6) months before the extended
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teon ends, if the LESSOR determines, in its reasonable discretion that LESSEE's continued tenancy would not be in
conformity with the LESSOR's intended use of its Property at such time.
8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the
Premises is contingent upon its obtaining, after the execution date of this Agreement, all of the certificates, permits and
other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local
authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth above.
LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use by LESSEE
Prior to the Commencement Date, in the event that any of such applications for such Governmental Approvals
should be finally rejected or any Governmental Approval issued to LESSEE is canceled. expires, lapses, or is otherwise
withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that
LESSEE will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no
longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of
the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt
requested. and shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said termination
date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the
Parties shall have no further obligations including the payment of money, to each other.
9. APPROVAL OF PLANS. Prior to commencing construction ofLESSEE's Facilities, LESSEE shall
obtain LESSOR', approval of LESSEE's work plans, which approval shall not be unreasonably withheld,
conditioned. or delayed; such approval shall be issued by the Executive Director of the Parks, Recreation and
Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its
requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15)
working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request
for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have disapproved
the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval
of LESSEE" s plans.
10. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a
communications facility and uses incidental and all necessary appurtenances (Facility). All improvements shall be at
LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of the LESSEE,
with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval
shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or
improvements, LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be
installed. LESSEE agrees that the installation and maintenance of the Facility shall be effected with all reasonable
diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the
initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and
antennas which comprise its Facility for the purpose of repairing or upgrading the communications capabilities of its
Facility, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical
parameters of the Premises. LESSEE shall not make any physical andloraesthetic changes to the Premises without the
prior approval of LESSOR. Any such changes are subject to the provisions of Section 13 contained hereinbelow.
(LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf,
concrete andlor asphalt, buildings andlor appurantces caused by LESSEE regardless of negligence. LESSOR at its
discretion may require LESEE to repair and or replace said damages or contract for said services and bill LESSEE. The
cost of said repairs can be subtracted from any deposits retained by LESSOR)
The Facility shall be constructed and maintained in a manner and with materials that are consistent with the
approved plans for the project. The materials actually used must match up with the proposed materials and artistic
renderings. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any
installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is
required, such as the replacement of missing branches or the repainting of the Facility, such maintenance must be
completed by LESSEE within thirty (30) days.
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11. INDEMNIFICATION.
A. Lessee's Indemnity. LESSEE shall inderrmify, defend and hold LESSOR its officers, employees,
successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occuning on the
Premises and arising out of or connected with the negligence or willful misconduct of LESSEE. its officers. agents.
employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR. its
officers. agems. employees. or contractors; (ii) violation of law by LESSOR, its ofticers. agents, employees, or
contractors; (iii) the breach of any duty or obligation by LESSOR under this Lease; or (iv) any condition relating to the
Premises which LESSEE has no obligation to repair or maintain.
8. Lessor's Indemnity. LESSOR shall inderrmify, defend and hold LESSEE. its officers,
employees, successors and assigns hannless from and against any and all loss, cost, claim, liability ("Claims") occurring
on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR. its officers,
agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSEE,
its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or
contractors; (iii) the breach of any duty or obligation by LESSEE under this Lease; or (iv) any condition relating to the
Premises which LESSOR has no obligation to repair or maintain.
12. INSURANCE.
A In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any
employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability
insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers'
compensation coverage, it must execute a Declaration available from the City, and update as is necessary.
B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability
insurance, or equivalent form, with a combined single limit of not less than $ I ,000,000 per occurrence.
Such insurance shall: (I) name the City of Santa Ana, its officers. agents, representatives,
employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or
self-insurance programs maintained by the City; (3) contain standard separation of insureds provisions; and (4) give
to City prompt and timely notice of claim made or suit instituted arising out of Lessee's operations hereunder.
LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed
certificates of insurance and additional insured endorsement to the City which shall clearly evidence all coverages
required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior
written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
13. INTERFERENCE. LESSEE's facilities shall not disturb the communications configurations,
equipment, and frequency which exist on the Property on the date this Lease is fully executed ("Pre-Existing
Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications
Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way which
interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE
may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party
causing any alleged interference. Notwithstanding the foregoing, Pre~Existing Communications operating in the same
manner as on the date this Lease is fully executed shall not be deemed interference. LESSOR shall require any future
tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio
communications facilities to comply with the provisions of this Section.
14. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within
ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises
substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted.
Underground conduits and foundations may remain at LESSOR's option. LESSOR agrees and acknowledges that all of
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the equipment. fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the
LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to
real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination
of this Agreement, LESSEE shall pay renl at the then existing monthly rate or on the existing monthly pro-rata basis if
based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all
personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at
LESSOR's option.
15. RECORDING AND OUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to
execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F".
LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's
interest in the Property upon tlle expiration or termination of this Lease.
16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement.
decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to
this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying
the right-of. way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way.
]7. OUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the
covenams shall peaceably and quietly have, hold ond enjoy the Premises, provided however, that LESSOR shall have
the right and privilege to conduct City business on the Property, as necessary. "City business" shall include, but not be
limited to the following: minor maintenance, minor landscaping, minor construction. concessionaires, and City
sponsored events, located near the Premises, so long as the City business does not interfere with or impair the operation
of LESSOR's Facility.
18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the
Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no
other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are
no covenams. easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above.
]9. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for
any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest
the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately
pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If
LESSEE desires to contest any such lien. then prior to commencing such contest, it will post a bond, where necessary, to
release the lien.
20. MISCELLANEOUS LESSEE RESPONSIBll..ITIES.
A. Electromagnetic Fields - LESSEE shall comply with all present and future laws, orders and
regulations relating to Electromagnetic Fields ("EMFs") and other related health issues
directly applicable to its operation of the Facility, as well as the American National
Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's
indenmity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall
indenmify LESSOR from and against all claims of personal injuries due to EMF's to the
extent such personal injuries are actually caused by LESSEE's Facilities on the Premises.
B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises
necessitated require LESSEE to make repairs to and/or replace damaged equipment and or
any parts thereto regardless of fault (including but not limited to damage caused by
vandalism or acts of god not later than one week after said damage is reported to LESSEE.
This time period may be extended with written authorization from the Executive Director of
Parks and Recreation. In the event such authorization is not given and repairs are not made
in one week. LESSOR may cause such repairs to be made including making said repairs
andlor hiring a consultant to make said repairs. LESSOR may charge the LESSEE for the
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cost of said services. Damage caused by graffiti shall be removed within 48 hours
notification to the LESSEE by the LESSOR. If said graffiti is not removed within the 48
hour period, City may remove said graffiti and bill LESSEE for the cost of services.
C LESSEE shall pay all personal property taxes assessed directly against its equipment and all
increases in LESSOR' s real property taxes or assessments directly attributable to installation
of LESSEE's equipmenl or LESSEE's use of the Premises. within sixty (60) days after
receipt of satisfactory documentation indicating calculation of LESSEE's share of such real
estate taxes and proof of payment.
D. LESSOR grants LESSEE the right to obtain utilities for the operation of its Facility.
LESSEE shall be responsible directly to the serving entities for any and all utilities required
by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts
to obtain utilities from any location provided by LESSOR or the servicing utility, including
signing any easement or other instrument reasonably required by the utility company.
E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during
the term of this Agreement. LESSEE will maintain the Premises in a good condition,
reasonable wear and tear excepted.
21. EMERGENCY USE OF SITE LESSEE shall make available to the police, fire and emergency
services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities. The space to
be made available will not create interference with LESSEE's communications operations. As to any future sublessees,
their respective installations will be permitted only at such locations that will not cause interference with LESSEE or
LESSOR and the City's operations. The City entities will be afforded 24 hour access to its equipment at the Property.
In addition. the City will be provided "power backup" by LESSEE, if available at the Premises.
22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises
and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or
understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law,
and any addition, variation or modification to this Agreement shall be void alld ineffective unless made in writing and
signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding
shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party
to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under
the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take
such action as may be lawful and authorized under this Agreement, either in law or in equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall be governed,
interpreted, construed, alld regulated by the laws of the State of California, with venue in Orange County.
24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising
hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any.
25. ASSIGNMENT. LESSEE will not assign or transfer this Agreement or sublet any portion of the
Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or
conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement
to any of its subsidiaries, affiliates, or successor legal entities, or to any entity acquiring substantially all of the assets of
LESSEE, evidence of such acquisition to be provided to LESSOR by LESSEE.
26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent
by cenified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next business day following the
courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LESSOR:
City of Santa Ana
Executive Director
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Courtesy
Copy to:
LESSEE:
Copy to:
Parks. Rec. & Community Services (M-23)
888 W. Santa Ana Blvd.
Santa Ana. CA 92702
City of Santa Ana - Office of the City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Sprint PCS Assets, L.L.c.
Sprint Contracts & Performance
Mailstop KSOPHTOIOI-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
Sprint Law Department
6391 Sprint Parkway
Mailstop: KSOPHTOIOI-Z2020
Overland Park, Kansas 66251-2020
Attn: Sprint PCS Real Estate Attorney
Notice shall be effective upon mailing or delivering the same to a commercial courior, as pennitted above.
27. SUCCESSORS. This Agreement shall extend to and bind the heirs, persolUll representatives,
successors, administrators and assigns of the Parties hereto.
28. RELOCATION RIGHT.
A. Anytime after the expiration of the origilUll tenn, LESSOR shall have the one-time right, upon
redevelopment of LESSOR's property, to relocate LESSEE's Communications Facility to alternate
space within LESSOR's property, if available; provided however, that such relocation shall (1) be at
LESSOR's cost and expense, (2) be performed by LESSEE or its agents, (3) not result in any
interruption of the communications service provided by LESSEE on LESSOR's property, (4) not
impair, or in any manner alter, the quality of communications service provided by LESSEE on and
from LESSOR's property, and (5) be done in accordance with subsections B. and C. below. Upon
relocation of LESSEE's Facility, the access and utility rights of way will be relocated as required, in
the sole discretion of LESSEE, to operate and maintain its Facility.
B. LESSOR shall exercise its relocation right under Paragraph A above by (and only by) delivering
written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site
within or on LESSOR's property to which LESSEE may relocate its Communications Facility.
LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's
proposed relocation site, during which period LESSEE shall have the right to conduct tests to
detennine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of
such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have
disapproved such proposed relocation site. If LESSEE disapproves such relocation site. then
LESSOR may thereafter propose another relocation site by Notice to Tenant in the manner set forth
above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as
the "Relocation Site". LESSEE shall have a period of not less than twelve (12) months after execution
of a written agreement between the parties concerning the location and dimensions of the Relocation
Site to relocate its Conununications Facility to the Relocation Site.
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Upon relocation of LESSEE's Communications Facility to the Relocation Site, all references to the
Premises herein shall be deemed to be references to the Reloca,ion Site. LESSOR and LESSEE
agree that the Relocation Site (including the access and u'ility right of way) may be surveyed by a
licensed surveyor a' the sole cost of LESSEE, and such survey will then replace Exhibit "B" and
become a part hereof and will control or describe the Premises. Except as expressly provided,
LESSOR and LESSEE hereby agree that in no event will ,he relocation of the LESSEE's Facility. or
any part thereof, under Paragraph A above, affect, alter, modify or otherwise change any of the terms
and conditions of this Agreement.
C. Should the parties fail to agree on a suitable Relocation Site. LESSOR may pay LESSEE the
depreciated value for its Communications Facility and equipment should the Premises be needed for a
governmental purpose.
29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the
defaulting party written notice of such default. After receipt of such written notice, ,he defaulting party shall have fifteen
(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default,
provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the
nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the
cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The
non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless
and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph. If either
party L:ommences an action against the other party arising out of or in connection with this Lease, the prevailing party
shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
30. ENVIRONMENTAL
a. LESSEE shall not bring any hazardous materials onto the PremisesIProperty, except for those
contained in its back-up power batteries and common materials used in telecommunications operations.
"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous
in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat
and dispose of any hazardous materials brought onto the PremisesIProperty by it in accordance with all federal,
state and local laws and regulations.
b. LESSOR will be responsible for all obligations of compliance with any and all environmental
and industrial hygiene laws, including any regulations. guidelines. standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with regard to
any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in
effect, that are or were in any way related to activity now conducted in, on, or in any way related to the
Property, unless such conditions or concerns are caused by the activities of the LESSEE.
c. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and assume all duties,
responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability
(including but not limited to payment of penalties, sanctions, forfeitures. losses, costs, or damages) and for
responding to any action, notice, claim, order, summons, citation, directive. litigation. investigation or
proceeding which is in any way related to: (i) failure to comply with any environmental or industrial
hygiene law, including without limitation any regulations, guidelines, standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with regard to
any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in
effect, unless such compliance results from conditions caused by the LESSEE; and (ii) any environmental or
industrial hygiene conditions arising out of or in any way related to the condition of the Property or
activities conducted thereon, unless such environmental conditions are caused by the LESSEE.
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31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for
more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has
not commenced the restoration required to permit LESSEE to resume its operation at the Premises, tenninate this Lease
upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with
the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of
this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments
due to the other under this Lease.
32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may
teoninate this Lease upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
any cundemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs
and its damages and losses (but not for the loss of its leasehold interest). Any such notice of tennination shall cause this
Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as
the expiration date of this Lease and the parties shall make an appropriate adjustment as of such tennination date with
respect 10 payments due to the other under this Lease.
33. SUBMISSION OF LEASE. The submission of Ihis Lease for examination does not constitute an
offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If
any provision herein is invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining
provisions of this Lease.
34. APPLICABLE LAWS. LESSEE shall use the Premises I,,, the use described above in Section
10. in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance
with all applicable, laws, rules and regulations and agrees to reasonably cooperale with the LESSEE regarding any
compliance required by the LESSEE in respect to its use of the Premises.
35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to Ihe
other Party shall survive any tennination or expiration of this Agreement. Additionally, any provisions of this
Agreement which require performance subsequent to the termination or expiration of this Agreement shaH also survive
such termination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are
not intended to be part of the Agreement. They shall not affect or be utilized in the construction or intetpretation of the
Agreement.
37. PROPERTY SPECIFIC ACCESS RULESIREGULATlONS. LESSEE agrees to abide by all rules
and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same
may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the
Facilities site and are imposed to insure the proper maintenance. good order and reasonable use of the Premises and
Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto.
38. POWERING DOWN DURING MAlNTENANCElREPAIR. (Not applicable to free-
standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications
Facilily by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth
by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental
Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards
promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation. the effected transmitters of
LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to
LESSEE using the infoonation in Exhibit E (as applicable).
39. TERMINATION.
8
~
A. Compelled Termination: If, during the Lease term, there is a determination made pursuant to an
unappealable order of a county. state, or national governmental health agency having proper jurisdiction that
LESSEE's use of the Premises poses a human health hazard which cannot be remedied, then LESSEE shall
inunediately cease all operations on the Premises and this Lease shall terminate as of the date of such order. In
the event the Federal Communications Commission, or any successor agency, makes a determination which
is final and non-appealable or which is affirmed and becomes final after the exhaustion of all available
appeals concluding that the LESSEE's use as set forth in this Agreement presents a material risk to the
public health or safety, LESSOR may terminate this Agreement upon fourteen days notice to LESSEE.
B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE
does not obtain all permits. consents. easements, non-disturbance agreements or other approvals
(collectively "approval") reasonably desired by LESSEE or required from any governmental authority or
any third party related to or reasonably necessary to operate the Facility, or if any such approval is canceled,
expires or is withdrawn or terminated without any fault of LESSEE. or (ii) if LESSOR fails to have proper
ownership of the Premises or the authority to enter into this Agreement. or (jij) after the first 10 years, only
with twelve (12) months' wrillen notice to LESSOR. Upon termination, all prepaid rent shall be retained by
LESSOR, unless termination is pursuant to (ii) above or is the result of LESSOR's default.
C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its
obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice
to LESSEE and reasonable time to cure.
40. MISCELLANEOUS PROVISIONS.
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indenmify
the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
c. LESSOR shall not have unsupervised access to LESSEE's equipment and Facility, except in cases
of exigent circumstances or emergency situations.
9
$
IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year first above written.
ATTEST:
~- . '14
/'r
PA ICIA E. HEAL
Clerk oflhe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
'.
By:
RECOMMENDED FOR APPROVAL:
~~
JO P" RIBBLE, Exec. Director
Parks, Recreation & Community Services Agency
CITY OF SANTA ANA
t2~/fj/2~~_
DA VlD N. REAM
City Manager
Manager, Oulsourcing
~~~.
Employer ID #
10
~
EXHIBIT A
LEGAL DESCRIPTION
OF THE PROPERTY
APN: 408-421-02
The land referred to herein is situated in the State of California,
County of Orange, described as follows:
All That Certain land situated in Rancho Santiago De Santa Ana,
in the City of Santa Ana, County of Orange, State of
California, described as follows, to wit:
A portion of the Kuffel and Fletcher Tract, as shown on a map
recorded in Book 19 page 48 of miscellaneous records of Los
Angeles County, California, described as follows:
The South half of parcel of land described as follows:
Beginning at a point in the South line of said Kuffel and
Fletcher Tract, said point being distant North 870 '44' 45" East
2455.12 feet from the intersection of the Center line of old
Newport Road and Delhi Road, as shown on a map filed in Book 7
Page 9 of records of surveys, in the office of the County
recorder of Orange County, California, said point being the
most Southerly corner of a certain parcel of land described in
the deed recorded November 27, 1936 in Book 849 Page 477 of
official records; thence North 10 00' 20 West, along the East
line of said parcel of land, 1067.44 feet to the Northeast
corner thereof; thence South 880 48' 20" West 547.19 feet to a
point; thence South 10 00' 20" East 1077.56 feet to a point in
the South line of said Kuffel and Fletcher Tract; thence North
870 44' 45" East 547.31 feet to the point of beginning.
LESSOR INTIALS:
LESSEE INTIALS: ~
t
II
~
EXHIBIT B
LEGAL DESCRIPTION OF THE PREMISES
&
SITE PLANS! DESCRIPTIVE RENDERiNGS
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ro....................
--.........
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fl-.-..._--
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LESSOR INTIALS: ~
LESSEE INTIALS: ~
12
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-.-
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~
EXHIBIT C
ENDORSEMENT M
AMENDMENT OF OTHER INSURANCE CONDITION
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 (07-98)
SECTION N - COMMERCIAL GENERAL LIABILITY CONDITIONS
PARAGRAPH 4. OTHER INSURANCE IS REPLACED BY THE FOLLOWING:
4. OTHER INSURANCE
e. WHEN REQUIRED IN CONTRACT
WHEN REQUIRED IN CONTRACT, IT IS AGREED THAT THE INSURANCE
PROVIDED TO OTHER PARTIES UNDER THIS POLICY SHALL BE PRIMARY AND
NON-CONTRIBUTING WITH OTHER INSURANCE AVAILABLE TO THE OTHER
PARTIES.
WHEN REQUIRED IN CONTRACT, COVERAGE APPLYING TO OTHER PARTIES
SHALL NOT BE INVALIDATED DUE TO ACTS OR OMISSIONS OF THE INSURED.
This endorsement is part of your policy and takes effect on the effective date of your policy, unless
another effective date is shown below.
Must Be Completed
Complete Only When This Endorsement Is Not Prepared
with the Policy Or Is Not to be Effective with the Policy
ENDT. NO.
M
POLICY NO.
GL 251929176
ISSUED TO:
SPRINT CORPORATION
EFFECTNE
DATE OF TillS
ENDORSEMENT
04/01/2002
CON~NTALCASUALTYCOMPANY
J1;
EXHIBIT D
PROPERTY SPECIF1C ACCESS RULESIREGULA TIONS
1. LESSOR shall have the unilateral right and privilege to undertake all nonnal items and
operations associated with the current use of the Property, including, but not limited to
public events and City business, which may include high powered electric lights and food
services, arrange for the televising of any public event to be held at the Property, and ability
to contract with other interested parties.
2. City business may also include minor landscaping, minor maintenance and minor
construction proximately located near the Premises, so long as the City business does not
interfere with or impair the operation of the LESSEE's Communications Facility.
3. LESSEE's access to the Premises shall be limited when the Premises is being used for a
public event. and the four (4) hours before and after any such event. LESSEE will obey any
procedures set by LESSOR regarding notification before visiting the Premises, checking in
on-site, parking, gates, etc
~
14
EXHIBIT E
CONTACT INFORMATION:
LESSOR'S TECHNICAL CONTACTS:
Name: 1.
Address:
Daytime Phone No.:
Facsimile No.:
24 Hour Contact No.:
Dispatch Center:
Ron Ono
20 Civic Center Drive
Santa Ana, CA 92701
(714) 571-4220
(714) 571-4209
(714) 571-4220
None
LESSEE'S TECHNICAL CONTACTS:
Name: 1.
Address:
Daytime Phone No.:
Facsimile No,:
24 Hour Contact No.:
Dispatch Center:
r{iJ
Network Operation Control Center
None
(888) 859-1400
None
(888) 859-1400
NOCC
15
.
.
EXHIBIT F
MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of
,2004 by and between ***, a *** ("Lessor") and Sprint PCS Assets, L.L.C.,
a Delaware limited liability company ("Lessee").
WITNESSETH:
That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that
certain real property (the "Property") in the State of California, County of ***, City of *** commonly
known as ***, a legal description of which is shown in Exhibit A attached hereto and incorporated
herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and
between Lessor and Lessee dated by Lessor , 2004 and incorporated herein by
reference (the "Agreement") for an initial term of ten (10) years, and three (3) subsequent optional
extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement
provides for grant of non-exclusive right or way for rights of access to the Property and to electrical
and telephone facilities serving the Property.
IN WITNESS WHEREOF, the parties have executed the Memorandum as ofthe day and
year first above written.
Lessee: Sprint PCS Assets, L.L.c.
Lessor:
By:
Title:
Address:
By:
Title:
Address:
[FORM DOCUMENT, PLEASE INITIAL ONLY
- NOT FOR EXECUTION]
Lessor Initials
Lessee Initials
16
. " ,
SPRINT NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 20_, by
, as
of Sprint PCS Assets,
L.L.C., a Delaware limited liability company, who executed the foregoing instrument on
behalf of the partnership.
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
My commission expires:
(PRINTED, TYPED OR STAMPED NAME OF
NOTARY)
cQl-
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of Orange } SS.
On Julv 21 , 2004, before me,
Claudia M. Fernandez-Shaw, Notary Public,
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
CLAUDIA M. FERNANDEZ-SHAW
G Commission' 1336674 %
~, Notary Public. California ~
z Oran98 COunty t
j _ _ _ ~~m~reo_--:25.:.~
David N, Ream
Name(s) OfSig/
o personally known to me
o proved to me on the basis of satisfactory
evidence
to be the personCs'\ whose named\~
subscribed to tile' within instrufu;! ~d
acknowledged to me thattTi9>lslie/they executed
the same in ~eFltl3.eir authorized
capacity(iesJ, and that by Jlii.lI",v'tl",iI
signature(sTon the instrument the perso~, or
the entity upon behalf of which the personJM'
acted, executed the instrument.
Place NOlarySeal Above
WITNES,S ~d and official sea~
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
And could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner -- 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RI(dll 111I'~lIlI'RINI ~
1],
01 SI(,1'd R 7
C.
,4
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\\cda-ch\usen\CShaw\Desktop\General NotaryForm.doc
RECORDING REQUESTED BY
FIDELITY NATIONAL TITLE
This Document was electrAllnlC(a:lly~corded by
Fidelity National Major Accounts
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
11I11I111I1I111111111I1111111I1111I111111111111111I1111111111111118.00
2004000969043 01:13pm 10/27/04
Sprint PCS Assets, L.L.c.
c/o Delta Groups Engineering
2362 McGaw Ave, Irvine, CA 92614-5832
Site I.D.: OG60XC661B
APN No. 408-421-02
0559M125
.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
Memorandum of Land Lease Agreement
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of
0'-<./'1 ID ,2004 by and between City of Santa Ana, a charter city and municipal
corporatiJn organized and existing under the Constitution and law of the State of California,
("Lessor") and Sprint PCS Assets, L.L.C., a Delaware limited liability company ("Lessee").
That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain
real property (the "Property") in the State of California, County of Orange, City of Santa Ana
commonly known as 2302 S. Raitt, a legal description of which is shown in Exhibit A attached hereto
. and incorporated herein by reference, under the terms and conditions 0 the unrecorded Land Lease
Agreement by and between Lessor and Lessee dated by Lessor , 2004 and
incorporated herein by reference (the "Agreement") for an initial term 0 ten (10) years, and three
(3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the
Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to
the Property and to electrical and telephone facilities serving the Property.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and
year first above written.
By:
a Delaware
LESSOR: City of Santa Ana, a charter
city and municipal corporation
organized and existing under the
Constitution and law of the State of
California
Name:
B . . Koovm811
Manager, Outsourcing
By:
( /:)//
l. cf, "I /IJCt c.,._
Title:
Address:
6550 Sprint Parkway
O.""'U1d ParK, KS 66251
Name: David N. Ream
Title: City Manager
~ee Exhib;' A! for Continuation of Owner signatures
Address: 20 Civic Center Plaza
Santa~a,C_~ 82702
PA TRIC E.
CLERK OF THE COUNCIL
Attach Exhibit A - Site Description
Lessor Initials: -Nd
Le"ee In;'ial" c; FIDELITY NATIONAL TITLE ,NSURANCE COMP,<lNY
HAS RECORDED [HiS INsrRUME!I'T BY AS
AN ACCOMMODATION ONLY ",NO HAS NOT EXAMINED
IT FOR REGUlARITY AND SUFFICIENC Y OR AS TO ITS
EFFECT UPON THETITLE TO ANY REAL PROPERTY
THAT MAY BE OESCRlo,Er THEREIN
~
EXHIBIT A
TO MEMORANDUM OF AGREEMENT
Site Description: Site located at 2302 South Raitt, City of Santa Ana, situated in the County of Orange,
State of California, commonly described as follows:
APN: 408-421-02
Legal Description
The land referred to herein is situated in the State of California,
County of Orange, described as follows:
All That Certain land situated in Rancho Santiago De Santa Ana,
in the City of Santa Ana, County of Orange, State of
California, described as follows, to wit:
A portion of the Kuffel and Fletcher Tract, as shown on a map
recorded in Book 19 page 48 of miscellaneous records of Los
Angeles County, California, described as follows:
The South half of parcel of land described as follows:
Beginning at a point in the South line of said Kuffel and
Fletcher Tract, said point being distant North 870 '44' 45" East
2455.12 feet from the intersection of the Center line of old
Newport Road and Delhi Road, as shown on a map filed in Book 7
Page 9 of records of surveys, in the office of the County
recorder of Orange County, California, said point being the
most Southerly corner of a certain parcel of land described in
the deed recorded November 27, 1936 in Book 849 Page 477 of
official records; thence North 10 00' 20 West, along the East
line of said parcel of land, 1067.44 feet to the Northeast
corner thereof; thence South 880 48' 20" West 547.19 feet to a
point; thence South 10 00' 20" East 1077,56 feet to a point in
the South line of said Kuffel and Fletcher Tract; thence North
870 44' 45" East 547.31 feet to the point of beginning.
Owner Initials: k Sprint pes Initials: ~
Note: Owner and Sprint PCS may, at Sprint PCS' option, replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as-built drawing depicting the Site.
#"/Use this Exhibit A for Site Agreement, Option Agreement, and Memorandum of Agreement)
2
EXHIBIT A
TO MEMORANDUM OF AGREEMENT
Site Plan Lease Area
5
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Owner Initials' ~ Sprint pes Initials, ~
Note: Owner and Sprint pes may, at Sprint pes' option, replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as-built drawing depicting the Site.
#'IUse this Exhibit A for Site Agreement, Option Agreement, and Memorandum of Agreement.]
3
.'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange } SS.
On Julv 21 ,2004, before me,
Claudia M. Fernandez-Shaw, Notary Public,
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared
David N. Ream
Namc(s)ofSigncr(s)
CLAUDIA M. FERNANDEZ-SHI\W
6j Gomm'.ssion#1336674 Z
$' NOh lry Public - California ~
z orange County i
i _ _ _ ~~m~~,,:~25.:.~
GPersonally known to me
D proved to me on the basis of satisfactory
evidence
to be the person<t? whose name~~
subscribed to the within instrument and
acknowledged to me thatJ}Mshc/th~y ~xecuted
the same in (JiiS'lhc,,'tlu;iI authorized
capacity~), and that by
signaturefs1 on the instrument the person , or
the entity upon behalf of which the p rso~
acted, executed the instrument.
Place Notary Seal Above
WITNE~~ official sea:.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyi g on the document
And could prevent fraudulent removal and reattachment of this form to another d curnent
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner -- D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RI(illl 1IIIIMIll'RINI "I
01 SIGNLR ~
~,
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\\cda-cb\usersICShaw\Desklop\General NolaryForm.doc
.i _ ~
SPRINT NOTARY BLOCK:
STATE OF ~S
COUNTY OF JonI\.SOT\.
The foregoil\g instrument was acknowledged before me this _I 5
day of ... J.! .A..A\.L , 20..Q:l, by
Brian C. Kooyman , as
Manager, Outsourcing of Sprint PCS Assets,
L.L.C., a Delaware limited liability company, who executed the foregoing instrument on
behalf of the partnership.
(AFFIX NOTARIAL SEAL)
.,o~:;(J{/" LISA K. I<Nr~
. MAt Exp Id', 11m
STATE OF KANSAS Y pp .
fA-
My commission expires:
ALNOTARY SIGNATURE)
NOTARY PUBLIC STATE OF ~3
LLS~ 0/ c/NJ !lP
(PRINTED, TYPED OR STAMPED NAME OF
NOTARY)
Government Code 27361.7
I certify under the penalty of perjury that the notary seal on
this document read as follows:
Name of Notary: c.. \cH,dlq M. fvll'lndez.. - 5~~w
Date Commission Expires: JQllUA'Y ~ J.cv6
County where bond is Filed: Om~e..
Commission No,: 133(;b74"
Manufacturer/Vendor No.: NNAI
Place of execution - Newport Beach
Date - IO";l.7-oL{
, ,
Government Code 27361.7
I certify under the penalty of perjury that the notary seal on
this document read as follows:
Name of Notary: Lisq K. Kl\air
Date Commission Expires: bec..e""ber " :;'007
County where bond is Filed: .:JohnSof\ / 5\~ vt ~1\SllS
Place of execution - Newport Beach
Date - /O-J,7-0f
'AC()RDN CERTIFICATE OF LIABILITY INSURANCE 04/01/2005 D~~~~~~;O;-}
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PRODUCER .
Locktan Compames
444 W. 47th Street, Suite 900
Kansas Cily Ma 64112-1906
(816) 960-9000
INSURERS AFFORDING COVERAGj;
INSURED
14966
SPRINT PCS ASSETS, LLC.
6160 SPRiNT PAR'f!!NA Y
OVERLAND PARK KS 66251
A-3.D04- \38'
A~ d-oOLI- 13 q
A - ~oCJ'-i - \ '-to
INSURER A , CONTINENTAL CASUALTY CO. A XV
INSURERB, AMERICAN CASUALTY CO.ofReadin PA
IN . TRANSPORTATION INSURANCE CO. A XV
COVERAGES
SPRCOOI
DE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~;: TYPE OF INSURANCE POLICY NUMBER ~~J=~.fJ.!XE ~~!;t~,.)J?N LIMITS
~NERAL LIABILITY EACH OCCURRENCE I 2 000 000
A X COMMERCIAL GENERAL LIABILITY GL 251929176 04/01/2002 04/01/2005 FIRE DAMAGE IAn" one fire' I 500 000
I CLAIMS MADE [K] OCCUR MED EXP 'An one 0' $ XXXXXXX
X CONTRACTUAL PERSONAL & MJV INJURY $ 2 000 000
GENERAL AGGREGATE $ 5 000 000
il'~ AGG~En LIMIT APr'l PER: PRODUCTS. COMP/OP AGG $ 3 000 000
X POLICY ~~gT LOC
~OMOBlLE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
A ~ ANY AUTO BUA 251929193 04/01/2002 04/01/2005 (Ea accident)
- AlL OWNED AUTOS BODILY INJURY
$ XXXXXXX
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY
S XXXXXXX
NON-OWNED AUTOS (Per accident)
-
APP ~OV1'ln A" PROPERTY DAMAGE S XXXXXXX
~~ (Per accident)
=rGE LIABILITY Sl;}I'JIJ/ 13> AUTO ONLY. EA ACCIDENT I XXXXXXX
ANY AUTO NOT APPLICABLE /. OTHER THAN EAACC , XXXXXXX
AUTO ONLY: AGG S XXXXXXX
EXCESS UABIUTY V t ~ heedy EACH OCCURRENCE S XXXXXXX
:J ~CCUR D CLAIMS MADE NOT APPLICABLE ssiSlarfJlty ttorney AGGREGATE s XXXXXXX
~: DUMIlRfLLA , XXXXXXX
DEDUCTIBLE FORM . XXXXXXX
RETENTION $ S XXXXXXX
B WORKERS COMPENSA nON AND we 251929159 (ADS) 04/01/2002 04/01/2005 X lWCSTATU- I 19"H.
e EMPLOYERS' UABIUTY we 251929162 (AZ,OR,WI) 04/0 I /2002 04/01/2005 j 000 000
E.L. EACH ACCIDENT S
B WC 251907792 (CA) 04/01/2003 04/01/2005 E.L DISEASE - EA EMPLOYEE $ I 000 000
B N/A IN MONOPOLISTIC STATE E.L. DISEASE. POLlCY LIMIT S 1 000 000
OTHER
DESCRIPTION OF OPERATIONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
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 CONlRACT AND INCLUDED
IN THE POLICY FORM. RE, INSTALLATION, OPERATION & MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT AT V ARlOUS LOCATIONS.
'un'n~b I I ADDmONAL INSURED. INSURER LETTER: 'Ton... 'M3I85I1M581611
2227218 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL (JmEJI''GR T9 MAlL ~ DAYS WRITTEN
PARKS, RECREATION & COMMUNITY SERViCES
A TTN: DOLORES RAMOS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT F"1l..\JRE T9 gQ ~Q ~IIAb.l
888 W. SANTA ANA BLVD, SUITE 200 IUP9&r tiS SBLJCATIQ~I SR LII'BllITYgr AtJYKI~Jg IJPOrJ TilE IWWRER, IrE ACr~JTE OR
PO BOX 1988 M-23 RrPRrEEtIPTIIIES.
SANTA ANA CA 92702 AUTHORIZED REPRESENTATIVE ~ H.~
ACORD 25-S (7/97) For quutions regarding ttlis certificate, contact the number listed In the 'Producer' section above and sP9'clfy the c1lent code 'SPRCOO1', @ACORDC(lkPORATION1988
POLICY NUMBER: GL251929176
LIABILITY
COMMERCIAL GENERAL
ENDT. P7
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.
(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.
"Pflftt>Vt!f) AS TO FORM
1f8Z/3
"aura Stitt Sheedy
h ,:",stant City Attorney
Certificate ID : 2227218
Mise Attachment: M3185
CG 20 10 03 97
Copyright, Insurance Services Office, Inc., 1996
ofI
Page I
. . .
ENDORSEMENT Z
WHEN REQUIRED IN CONTRACT
WHEN REQUIRED IN CONTRACT, IT IS AGREED THAT THE INSURANCE PROVIDED TO
OTHER PARTIES UNDER THIS POLICY SHALL BE PRIMARY AND NON-CONTRIBUTING
WITH OTHER INSURANCE AVAILABLE TO THE OTHER PARTIES.
WHEN REQUIRED IN CONTRACT, COVERAGE APPLYING TO OTHER PARTIES SHALL NOT
BE INVALIDATED DUE TO ACTS OR OMISSIONS OF THE INSURED.
,<OVcl) AS TO FORM
~31~
JdW Stitt Sheedy
.,j'lomnt City Attorney
This endorsement is part of your policy and takes effect on the effective date of your policy, unless another
effective date is shown below.
Must Be Completed
ENDT. NO.
POLICY NO.
Complete Only When This Endorsement Is Not Prepared
with the Policv Or Is Not to be Effective with the Policv
ISSUED TO: EFFECTIVE
SPRINT CORPORATION DATE OF THIS
2330 SHAWNEE MISSION PARIWVAY ENDORSEMENT
WES1WOOD, KS 66205 4-1-02
Z
7-21-2003
GL 251929176
CD
Countersigned by
MRCIMOZGM2
Authorized Representative
G-39543A
04/07/2005 0~:46
7145714209
PARKS AND RECREATION
PAGE 04
PAODU~e.~
Lockton Companies
444 W. 47th SlrflllL Suite 900
Kansas City Mo 64112-1905
(8151 950.9000
OATE tMMlODJYV.
ACORD", CERTIFICATE OF LIABILITY INSURANCE 04/0112008 03/3012005
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAU
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSUREFIS AFFORDING COVERAGJ:
SPO T
TV
TV CO.o
NeE co.
IN$U"-ED
14955
SPRINT PCS ASSETS, Ll.C.
6160 SPRINT PARKWAY
OVERLAND PARK KS 66251
IN'UR.'" CONT
... AM
COVERAGES SPReOOl DE
THE POLICIES OF 1NSUAANCe. LISTED BELOW HAVE Bt;fN ISSUED TO THE JNSURED NAMeD AeOVE FOR THE POLlCY PERlOO INDlCATED. NOTWnHSTANOING
ANY REQUIREMENT, TeRM OR CONDITION OF ANY CONTAAC,. OR OTHER DOCUMENT WlTH ffeSPEGT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES Og$CRI~e.~ HEREIN IS SUBJECT TO ALL. THe TIiRM5. EXCLUSIONS AND CONDitIONS OF SUCH
POLICies. A.GGREGAT~ lIMfTS SHOWN MAY HAve 8liEN REDUCED BY PAID CLAIMS.
r~ TV~'~~INSURANCE "n, ~. "".O.R POLICY IFFECTI\/!! PD~T~~,grci~?N LIMITS
~NI::ML LIAIIII.ITY l!AC:H OCCUAA!:NCe I. 2 000 000
A X t;QMMf"'ClAL c;oI::NERAL. LIABIl..ITY GL 20 7959 ,S J 9 04101/2005 04101/2008 l=JRfi; OAMA.GE {Ar.v M6 ~(tl I. 500 000
I CLAIMS W.C5 [i] OCCUR M':=O exf' fArl" 0,.,. 11,.,1\1 I. XXXXXXX
X CONTRACTUAL PERSON""\. a. Anv INJURY I. 2 000 000
- GENEIW. AOGR.EGA'T'I; I. 10000000
il'~:(3I~~CnrT ~n!~R: PRODUCTS - COMP,nP At:l.l1 . 3 000 000
X ev J~ L""
~TOMOBlLE lIABIL.ITY COMBINED SJNGLE LIMIT . 2,000,000
A 1L ANY AlITO BUA 2079593836 0410112005 04101/2008 (E.8aceidenl)
f-- All. OWN'O Al)TOe BODILY INJURY XXXXXXX
.
SCHEDULED AUro.3 ~P.., 1)01'eOn)
r-
f-- HllilED AUTOS BOOIL V lNJUAV XXXXXXX
I
f-- NON..QWNEO IlUTOS (PerllJ:l:<idmt)
r- PROPER:N OAMAGE j XXXXXXX
(P;;ofilCCldent]
~KAGE UAnlllTY hlITO ONLY - E" ~CCIDENT [. XXXXXXX
H Af'lY AUTO NOt APPLICA.8LE ;\.PPROVE AS TO F HAN .HU. [. XXXXXXX
lV, ""0 , XXXXXXX
~CUS LIADII..ITI .k/J. JL//2.... IiACH OCCURflENCE , XXXXXXX
b OCCUR 0 CLAI~S MADE NOT APPLICABLE 7/7. AO"RFGATE , Xxxxxxx
R 0 u....cu '(.aural ~~ Shotdy I. xxxxxxx
i oeOUCTlftlE FQIl:IlII 1\."l>1~13nl City AUor1)1! I. XXXXXXX
RfT!NTION .$ I. XXXXXXX
B ~";"'.!I COMPf'NllATION ANn we 20 7959 3786 (AOS) 04/0 1 /2005 04101/2008 X wc ~TATU- IgJ'"
C I!MPLOYIRS' LIABJl.lYT' WC 20 7959 3772 (AZ,oR,Wl) . 0410112005 04/0112008 1 000 000
Ei;L. EACH ACCrCEN'l" .
B we 20 7959 3805 (eA) 0410112005 0410112008 '_L DIJ::p,j,se -!A EMF'L.OYEE 10 1 nnn nnn
R N/A IN MONOPOLISTIC STATF.~ E.L OISEAse - POLlCY LIMIT . 1.000000
OTMiR
onCRJPTlON OF OPERATlON!lJLOCATIONSNINICLCS/GXCl..IJCIONs ADDED BY ENOCASE"'~TJSP'ClAI. ,."O\ll!llONS
THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, R.EPRESENTATlVES, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL INSlJl\EDS, WIIICH
IS ON A PR.IMARY BASIS, AND ALL OTlIER INSURANCE SHALL BE NON-CONTRIBUTORY, AS REQUIRED IN 'nIE CONTRACT AND INCLUDED
IN THE POUCY FORM. RE: INSTALLATION. OPERATIoN'" MII.IN1CNANCE OF TELECOMMUNICATIONS EQUIPMENT AT VARIOUS LOCATIONS.
'~"D I I 'OO.....HAlI .,." UFlEIlI LETTER: ""'.."rom',11
2227216 IilHOUL.D ""IV OF THE ABCVIi1 DI!l:SORIIIEt:l POUCLQ !!II CANCELLEI) BE~OA:!. THIiilIUPlRA'fI9N
CITY OF SANTA ANA b.ATC' THEREO', THI: ISSUING INSUR&:R.W1LI.i!/lJ.o&~1Q..MAIL.....1ll..... DAY," wraTTe:N
PARKS, RECREATION & COMMUNITY SERVIC.S
A TTN: DOLORi:S RAMOS ..OTICE TO THf CERTlF1GA,TE HOI.Pe:~ NAMI:D TO THE Lf!IiT.~L-lIg..:r.c-DQ.....SO..SHAL,l.
see W. SANTA ANA BLVD, SUITE 200 lilItPOJE: ~JO gSl~DN-O"-I.IA8I~~~P-v~&-fHII\;IMI'-fn A~E.Nn QR
PO BOX 1988 M-2~ .~.iifllll&&1i~1=NIi"
SANTA ANA CA 92702 AUTJ.lORI,!Il;1) IilEPRII!SENTATIVI! ~ .cd
,
ACORD 25.S 7/97 "ilII~qu".li.". ....".1111 UlII A"lOl:allll. ~alltle1INllllilftMr 11"1./1111 11\6 'PhW..c-! ...,h".. ....""'.104 Iplclfv lIw clllnt c~d. '1I"IteoM'. '" ACORO C POIlATION 1a88
04/07/2005 a9:45
7145714209
PARKS AND RECREATION
PAGE 05
POLICY NUMlIER: SEE ATTACHED CERTIFICATE
ENDT. P7
COMMERCIAL GENERAL
LIABILITY
CG ZOlO 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED --- OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
Thi. 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 ORGANIZA nON FOR WHOM ADDITION AS ADDITIONAL INSURED
USING
THIS FORM, AS SPECIFICALLY REQUESTEb IN A WRITTEN CONTRACT OR AGREEMENT.
(Ifno entry appears above, information required ta camplete this endorsement will be shown in the
Declarations
as applicable to this endorsement.)
Who I. An In.ured (SectIon II) is amended to include as an insured the person or organization shown
in ,the .....___. .. _.._n__+_.__.
Schedule, bllt only with respecl ta liability arising out of your ongoing operations performed for that
insured.
APPROVED AS TO FORM
~z-h_
LL1Ura Star ~heedy
A~,=,(~lOim Cuy AllOrnc,.
Cortincste 10 : 2227218
Mille Attach",.,,! : M.HSS
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7145714209
PARKS AND RECREATION
PAGE 06
l?agl;' lofS
MEMORANDUM OF INSURANCE DATE
01-Apr-200S
This Memorandum Is issued ~$ a m~tter of infDrmatlgn only to authoriz.ed viewers for their internal use only and
t:onf~~ FlO rights uj)on any viewer of this Memorandum. l11is Memorandum does not amend, extend or alter the
coverage described below. This Memorandum may only be copied, printed and distributed within an authorized
viewer and may only be used and viewed by an authorized viewer for Its Internal use. Any other U'", duplication or
distribution of this Memorandu", without the consent of Marsh Is prohibited. 'Authorized viewer" sh.1I mean an
entity or person wht,h 15 authoriz.ed by the insured named herein to itccess this Memorandum via
hnp://www.m.rsh.comfmoi?client=3424. The information eontained herein Is as of the date referred to above.
M.rsh shall be under no obligation to update such InformatiOn.
PRODUCER COMPANIES AFFORDING COVERAGe
Marsh USA Inc.
("Marsh") Co.A. Zurich American Insurance Company
INSURED Co.B National Union Fire Insurance Compony (AIG)
N~xtel Communlcotions, Inc. and its subsldlorles Co.C Steadfast Insurance Company
2001 Edmund Halley Drive
Reston, Virginia 20191 Co.D
United States
.OVI RAGeS
HE ~OUCIES OF INSURANCE LISTED BELOW HAVE 8eEN ISSUED TO THE INSURED NAMED ABOVE FOR T1-1E
POLICY ~ERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
~ONTRACT OR OTHER DOCUMENT WIT1-1 RESPECT TO WHICH THIS MEMORANDUM MAY BE IssueD OR MAY
peRTAIN, THE INSURANce AFFORDEO BY HiE POLICIES DESCRIBED HEREIN IS SUBJEl;T TO ALL THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
<-LAIMS.
CO TYPE OF POLICY NUMBeR POLICY POLICY LIMITS
LTR INSURANce EFFECTIVE EXP~?TION LIMITS IN USD UNLESS
DATE ATE OTHERWISE INDICATED
C ~ENERAL IGLO 2984461-02 01-Apr-200S O~;Apr-2006 GENERAL USD 2,000,000
C LIABILITY GLO 2984462-02 01-Apr-2005 Oi-Apr-2006 AG~REGATE
COMMERCIAL PRODUCTS - USD 2,000,000
~ENERAL LIABilITY DASTOF lRM "'OMP/OP AGG
PCCURRENCE APPROVI PERSONAL AND USD 1,000,000
J ~(;6J /1 ~ DV INJURY
EACH USD 1,000,000
/1 OCCURRENCE
i/ r;au a stitt SlI"edy FIRE DAMAGE USD 250,000
Assist nt City Attorn"' ANY ONF FIRE)
MEt! EXP (A~i USD 10,000
DNE PERSON
A AUTOMOBILE BA~ 2984147-04 01-Apr-2005 01-Apr-2006 ~OMBINEO USD 2,000,000
A LIABILITY All Stotes) 0).-Apr-:l.005 01-Apr-2006 SINGLE LIMIT
A ANY AUTO MA 2984148-04 o1-Apr-2005 01-Apr-2006 BODILY INNRY
Garogekeepers (MA) PER PERsO-Nl
Liability !rAP 2984149-04 BODILY INJURY
(TX) PER ACCIDENT)
PROPERTY
DAMAGe
B excess !lE2979B60 01-Apr-200S 01-Apr-2005 EACH USD 4,000,000
UABILlTY OCCURRENCE
GGR.5GATE USD 4 000 000
l\l~RAGE ,UTO ONLY (PER
~IABIl1TY CCIDENTl
OTHER mAN AUT ONLY:
EACH ACCIDEN
AGGREGATE
A WORKERS WC 2984145-04 01-Apr,2005 01-Apr-2006 WORKERS COMP Statutory
A CQMPENSAnON I (All states) 01-Apr-2005 Ol-Apr-2006 LIMITS
EMPLOYERS We 2984144-04 EL EACH USD 1,000,000
.IABILITY WI) !ACCIDENT
HE PROPRIETOR / EL DISEASE - USD 1,000,000
~ARTNERS f
EXECUTIVE POLICY LIMIT
OFFICERS ARE: iEL DISEASE - USD 1,000,000
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7145714209
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Page 2 of5
NCLU OED
EACH EMPLOYEE
The Memorandum of Insura,," serves solely to Ii,t Insurance polldes, limits and date. of coverage. Any
modUlc.tions ~treto .~ not authorized.
MEMORANDUM OF INSURANCE
I DATE
01-Apr-~005
This Memorandum Is issued as a matter of InformatiOn only to authorized viewers for their Intemal use only and
confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend Dr .Iter the
COverage descrlbed below. This Memorandum may only be copied, printed and distributed within an authorized
viewer and may only be used and viewed by an authorized viewer for Its h'lternal use. Any other use, duplication or
distribution of this Memorandum without t~e consent of Marsh Is pro~lbited. "Authorized viewer" shall mean an
entity Dr person which IS authorized by the insured named herein to acce.. this Memorandum via
hltjl:llwww.marsh.com/moi.client=3424. The Information contained herein is as of the date referred to above.
Marsh shall be under no obligation to update such information.
PRODUCER INSURED
Marsh USA Inc. Nextei Communications, Inc. and its subsldiarie!:
("Marsh") 2001 Edmund Halley Drive
Reston, Virgin III 20191
United States. . ~ _~ _~ _ _
ADDITIONAL INFORMATION
T~e General Liabilily Is subject to the following proviSIOns:
~2W-
La.u~a Stitt Sheedy
ADDITIO~AL INSURfO - LESSOR OF LEASED EQUIPMENT "'"iSlO C .AI
WHO 15 AN INSURED (SECTION II) - is amended to Include as an insured any le..or I.Vlea~~d" e\l8rP'tf,'i:nt for whom
Insured has agreed to provide coverage per written contract, but only with respect to Ihelr liability arlslng out of tile
maintenance, operation or use by you of the equipment leased to you by SUCh person or organization, subject to the
following exclusions:
This insuriJnce does not apply:
1. To any "occurrence" whiCh takes place after the equipment lease expires;
2. To "bodily Injury" or "prop"rty dam~ge" arl.sing out of the sole negligence of the person or organization shown in
the Schedule,
ADDITIONAL INSURED - Vl;IIIDORS
WHO IS AN INSURED (SECTION II) is amended to Include as an Insured any vendor for w~om the Insured has
agreed to provide coverage per wruten contract, but only with respect to "bodily Injury" or "property damage-
arising out of the insured products which are distributed Dr sold in the regular course of the vendor'. business,
subject to the following additional exclusions:
1. The Insurance afforded the vendor does not apply to;
a. "Bodily injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the
assumption of liability in a cont,rili(t or l!IQreement. this exclusion does not apply to liability for dllmi!ges that the
vendor would have In the absence of the contra.ct or agreement;
b. Any eXJ;Jl"ess werranty unauthorized by you;
Co Any physical or chemical change in the produ<t m~d.. Intentionally by the vendor;
d. R.epaci<aging, unleBS unpo<ked $olely fat t~e purpose of in.pection, demonstration, tesllng, Dr the substitution of
parts undl:!r instruction$ frem the manufacturer. and then repackaged in the original container;
e, Anyfoilure to make such Inspections, adjustments, tests or servicing .s the vendor has agreed 10 milke Dr
normally undertakes to make in the usual oour~ of bLl$fneSS, il'l connec;tlon wtth the distribution or sale of the
products;
f. Demonstration, lnstalfatient serv~clnQ Dr repair operations, except such operatiam; performed at the vendor's
premls~~ in connection with the sale of the product;
g. Products. which, after distrIbutIon Or sale by you, have be~n !i1ibeled or relabeled or used as a container, part or
Ingredient of .any other thIng 01" substance by or fQr th4; vendor.
2. ThiS Insurance does not apply ~o ~r'\y Insured person or organization, from whom you have ilIcQufred such
prodvcts Ingredient, part Or container, entering into. accompanying or containing such produet~.
ADDITIONAL INSURED - STATE OR. POUTICAL SUBDIVISIONS - peRMITS
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SI:Cl10N 1I - WHO IS AN INSUFtob is amended to Include as an insured any state or politi",,1 subdiviSion for whom
the Insured has agreed to provide coverage per contract, subject to the following provisions:
I, This insurance applies only with respect to operations performed by you or on your behalf for which tho state or
political subdivision has i..ued a permit.
2. This Insurance doe. not apply to:
a. "Bodily InJury", .Property Damage" or .Personal and Advertising injury" arising out of operations performed for
the state Dr municipallty~ or
b. 'Bodily injury" or "Propel'ty Damage" included within the "products-completed operations ha2and".
ADDITIONAL INSUREO - MANAGER OR LESSORS OF PREMISES
WHO IS AN INSURED (SECTION II) is amended to include as an Insured any manager or lessor of premises fOr
whom Insure\! haS agreed to provide coverage per written contract, but only with respeClto liability arising out of
the ownership, maintenance or use of that part of the premises leased to you and subject to the fOllowing additional
exclusions:
This insurance does not apply m:
1. Any "oC:l;l,Irrenc:e" which takes plillc;e after you c~ase to be a tenant in that premises.
2. Structural alterations, new construction or demolition operations performed by or on behalf of thil! person or
organization shown in the Schedule.
ADDmONAL INSURED - OWNERS, LESSEeS OR CONTRACTORS -
SCHEDULED PERSON Oft ORGANIZATION
A. SECTION II - WHO IS AN INSURED is amended to Include as on Insured any owner, lessee or contractor for
whom Insured has agreed to provide coverage per written contract, but only with respect to liability arising out of
your ongoIng operations performed for that insured.
B. With respe~ to the i"suronce afforded to the.. oddltlonal insured, the fOllowing exclusion is added:
2. ExclusiOlis
This Insurance does not apply to "bodily Injury" or "property damage" oecurring after:
1. All work, including materials, parts or equipment furnished In CQnnection with su"h work, on the project (other
than service, maintenance or repairs) to be performed by or on behalf of the additlonallnsured(s) at the site Of th"
covere\! operatiOn. has been completed; or
2. That portion 01 'Iyour work" out of which the Injury or damage arises: has been pul: 1:0 il:5 intl!nt;ted use by any
person or organization other than another contractor 6r subr:anl:ractQr engaged In performing operations for a
principal as a part Of the s.me project.
AUTOMATIC ADDmONAL INSURED:
The follOWing provision Is added to SECTION II PERSONS INSURED 1 WHO 15 AN INSURED:
A. Any entity you are required In a wr1tten ~in5ured contl"actH (hareinaA:iI!r call~d "AddItional Insured") to name as an
insured Is an Insured but only with respol!ct to liability arising out of your premises, "your work" For the Additional
Insured, or a~M or omi$$ions for the Additional Insured In conn~ction with the general sup~rvision of "your work" to
the extent set forth below:
(1) The limits of insurance provided on behalf of tM Additional Insured ore not greater than those required by uch
-~ ~
(2) The coverage provided to the Additional Ins:uroed(s) is: not greawr than that \;u:stomarily provided lltlthe pol y
forms specified in and required by the cQnt;r~(:t ti.t >.. g
"0 ....
o ~lS
... -'J;il
'.0
C:~i-..:
\ ~
.-, 1
(3) All Insuring agreements, exclusions and conditions of the policy apply.
(4) In no event sholl the coverages or limits of insuran". be Increased by such contraCt.
B. Except when required otherw'se by "Insured contr;;u;:tlt, this Insurance does not ilpply to;
(1) "Bodily Injury" or "Property Damage" occurring after:
(a) All work on th" project (other than s"rvice, m~intenance or repairs) to be performed by or on behalf of the
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additional insured(s) at the site of the covered operatiaM has been completed; or
(0) That portion of "your work" aut of which the injury or damage arise. has been put to its intended USe by any
per:50n or organi:zatlon other than another contractor or subc:.:;mtraetor engaged In performIng operiltlons for a
principal as a part of the ...me project.
(2) "Bodily Injury" or 'Praperty Damage" an.ing out of any act or omission of the additional insured(s) or any of
their employees, other than the general supervision of work performed far the additianaIIMured(s) by you.
(J)"Property bamage" to:
(a) Property Owned. Used or Occupied by or rented to the additional insured(.)
(b) Property In the c.re, custody or control of the addition. I in.ured(s) or property far WhiCh the .dditlonal insured
(.) is far any purpose exer.,;<ing physical control; or
(c) "Your Work" far the addition. I inSUred(s).
C. Any coverage provided hereunder shall be excess over any Qther valid and conectibl~ insurance availClble to the
additional insured(s:) whether primaryr e)(e~$5, C::Ql1tlngent Dr i1ny other basis unless a contract Specifically requires
th.t this Insurance be primary, or you request that it apply an a primary baSIS.
3.J:'t'ROYelJ AS TO FORM
~V/S
'.aura Stilt Sheedy
BLANKET WAIV~R. OF SUBROGATION """"~"t City AtlOrncv
If the Insured Is required by Wtltten c;:gntract or agreement, whicl1ls executed prior to a loss, to waive right$ of
re~Dvery from oth~rs, the insurer agrees to waiv1! rights of recovery. This waivQr of rlgh~ shillll not: be construed to
be a waiver with respact to any other operations in whleh ~hl!!: InG~red has nQ contractual interest.
The Automobile Liability is subject to the follOWing provisions;
AoomONAL II\ISURED STAruS UNDER. THE AUTOMOBILE LIABILITY POLICY:
The "Who is an Insured" sectIon is amenc!4d to indude as an insured any person or organization for whom you have
agreed under contl"act or ~9reE:iflent to provide insurance. However, the Insurance provided shall not I!!!xc:eed the
seep. of cOVel'llge and or limits afthis policy. Notwithstanding the foregOing sentence in no ev.nt shali the
Insur.nc. provided exceed the scope of coverage .nd or limits required by said contract or agreement.
IlLAI\IKET WAIV~R OF 5UBR.OGRATION UNDE~ THE AUTOMOBILE LIABILITY
The Insurer waives any rlght of recovery they may have ag~inst any person or Organi,atlan where required by
written contract or agreement beC:8U$1t of a payment the Insurer makes for injury or damage caused by an
"aCCident" or "lOSS" resuJ~i"9 from the ownership, m"lntenance, Of use of a covered "auto" for which i!I waiver of
sUbrog.tiQn Is required in conjunction with work performed by you far the deslgn.ted persQn or organi..tion. Said
Waiver must be executed prior to a Joss.
The Warke,,' Compens.tion & Employer's Liability is ,ubJect to the fallowing provisions:
BlANKET WANER OF SUBROGA nON
If the Insured is required by wr1tten ~ontr,;;lct or agreement, which is executed prior to a 105S, to waive rights of
recovery from others, tn~ Insuret agrees to waive its rights of reCOVQry. This agrQQment applies only to the ~ent
that the Insured pl!rl'Orms work under a written contract that reqUires the Insured to obtain this agreement from the
Insurer, ThiS agreement shall not operate directly or indirectly to benent ~nyone with which tM Insured has no
cantraduollnterest,
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PARKS AND RECREATION
The Memorandum of Insurance serves solely to list in<ur~nce poliei.., limits and dates of coverage. Any
modifications hereto .re nOI authorized.
AP1>R,OVl!J) AS TO FORM
....u_~g515
Laura Stir! Sheedy
..,\~~jsta.nl City Anorney
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