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HomeMy WebLinkAboutROYAL STREET COMMUNICATIONS 2 - 2007A-2007-042 LEASE AGREEMENT BETWEEN L3 J 7_v7 THE CITY OF SANTA ANA AND ROYAL STREET COMMUNICATIONS, LLC REGARDING COMMUNICATION TOWER FACILITIES AT JEROME PARK O'pP C3Ild This Agreement, made this e'day of I— 200e between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and Royal Street Communications, LLC , a Delaware limited liability company, hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of real property, including space within Lessor's Shelter and on Lessor's Monopalm Communications Tower located at the Northeast comer of the Shelter, commonly known as Jerome Park (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 2115 W. McFadden Ave., Santa Ana, CA 92704, APN: 109-050-30, and being described as a 12' by 12' parcel containing 144 square feet and an easement required for the antenna support structure and for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, 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 twelve (12') 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 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 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 home by 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 and shall commence on the Commencement Date (defined below). 4. RENT. A. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred and 00/100 dollars ($28,800.00) to be paid in equal monthly installments of two thousand four hundred and 00/100 dollars ($2,400.00) 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 commence upon the issuance of a building permit or six (6) months after the date of full execution of this Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then -current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. All Rent and Deposit monies shall be deposited according to the directions outlined in Exhibit "G". B. LESSEE shall reimburse T-Mobile a pro rata share of the hard construction costs incurred by T-Mobile in constructing the facilities as set forth in T-Mobile's confirmation letter dated August 7, 2006, and attached hereto as Exhibit "H". Site No: LA0620A Page I of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy 5. ANNUAL RENTAL INCREASES The rent payments shall be subject to an annual rental increase of four percent (4%) 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 execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon LESSEE'S execution of this Agreement, a one-time, non -recurring, non-refundable payment equal to one (1) month's rent. 7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks Recreation and Community Services as follows: after the expiration of the original term, LESSOR reserves the right to deny any such extension, by providing no less than six (6) months prior written notice before the extended term 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. LESSEE may decline its option to renew at the end of the then -current term by giving LESSOR written notice of the intent to terminate at least thirty (30) days prior to the end of the then current term. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining 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 herein. 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, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (as defined below and in Exhibit D, attached hereto) and for the purpose of preparing for the construction of LESSEE's Facilities. 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 LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the fight to terminate this Agreement. Notice of 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 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 of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's 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 approved 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 may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, Site No: LA0620A Page 2 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of 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 pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities 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 LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, 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 substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE 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. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE's Facilities 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. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSEE. Except in cases of emergency, LESSEE agrees to provide twenty-four (24) 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 LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days of LESSEE's receipt of notice that such repairs are needed. 11. INDEMNIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless 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 LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Property and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, 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 Site No: LA0620A Page 3 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; 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 LESSOR, 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 $1,000,000 per occurrence. Such insurance shall insure, on an occurrence basis, against liability of LESSEE, its employees and agents arising out of or in connection with LESSEE's use, occupancy or maintenance of the Property. Such insurance shall: (1) name LESSOR, its officers, agents and employees as additional insured (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR; (3) contain standard separation of insured's provisions; and (4) give to LESSOR 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, famish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverage required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (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. C. LESSOR, at LESSOR's sole cost and expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of LESSOR, its employees and agents arising out of or in connection with LESSOR's use, occupancy and maintenance of the Property. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement 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. Such interference with LESSEE's communications operations shall be deemed a material breach by LESSOR, and LESSOR shall have the responsibility to promptly terminate said interference. 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 and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement 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 and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. Site No: LA0620A Page 4 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's Facilities 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 the equipment IWRLI]and personal property of LESSEE shall remain the personal property of LESSEE and shall not be deemed fixtures, and LESSEE shall have the right to remove the same at any time during the term of this Agreement. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent 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 LESSEE's Facilities and all personal property are completed. Antenna support structure IWRL21shall remain at LESSOR's option in as -is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this 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 the expiration or termination of this Agreement. 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 LESSEE in and to such right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non -disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary, as set forth in Paragraph 25, below. "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 LESSEE's Facilities. 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 covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. 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 RESPONSIBILITIES. A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and Site No: LA0620A Page 5 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy against all claims of personal injuries due to violation of MPE 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 to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities 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 (1) week after said damage is reported to LESSEE, except for damage cause by LESSOR, its employees, agents, contractors or volunteers. 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 and/or hiring a contractor to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by 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 equipment 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 provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. 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 the communications tower at no cost to LESSEE or said entities. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future leases or subleases, 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 and 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 affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Parry 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, and regulated by the laws of the State of California, with venue in Orange County. Site No: LA0620A Page 6 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy 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. A. 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 to LESSEE'S communications facilities under this Agreement to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. B. LESSEE acknowledges and agrees that the City policy is to provide for co - location of communication tower facilities. LESSEE further agrees that LESSOR, and not LESSEE, shall retain ownership of any further lease rights with respect to co -location of communication facilities on the Property. Further LESSOR shall retain the authority and absolute right to enter into a LEASE AGREEMENT with a second mobile/wireless communications provider (LESSEE 2) to utilize the facilities. The subsequent Lease Agreement shall include a provision that LESSEE 2 will reimburse LESSEE for the additional costs incurred by LESSEE in constructing communications facilities utilized by LESSEE 2 in conjunction with the Premises. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified 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 Parks, Rec. & Community Services (M-23) 888 W. Santa Ana Blvd. Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Attorney Copy to 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 LESSEE: Royal Street Communications, LLC 2913 El Camino Real #561 Tustin, CA 92782 Attn: Property Manager Telephone: 714-730-3100 Facsimile: 714-730-3200 Copy to: Royal Street Communications, LLC 7557 Rambler Road, Suite 700 Dallas, TX 75231 Attn: Property Manager Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. Site No: LA0620A Page 7 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime after the expiration of the original term, LESSOR shall have the one- time right, upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within the Property, if available; provided however, that such relocation shall (1) be at LESSOR's sole 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 the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSEE, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection 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 the Property to which LESSEE may relocate LESSEE's Facilities. 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 determine 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 LESSEE 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 LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at 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 the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. [wRL31 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, the 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 affect 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 Section. If either party commences an action against the other party arising out of or in connection with this Agreement, 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 Premises/Property, 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, Site No: LA0620A Page 8 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property 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 LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify 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 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 LESSEE. 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, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement 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 Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement 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 Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein 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 cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. Site No: LA0620A Page 9 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall 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 interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, 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 MAINTENANCE / REPAIR (Not applicable to free-standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications Facility 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 LESEE) 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 LESEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an un-appealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement 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 LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) 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, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to LESSOR, or (iv) the Property or LESSEE's Facilities are, or become, unacceptable under LESSEE's design or engineering specifications for LESSEE's Facilities or the communications system to which LESSEE's Facilities belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (v) above as 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 Site No: LA0620A Page 10 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify 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 LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. D. LESSEE shall be permitted to trim the trees on the Property to the extent necessary for the operation of LESSEE's Facilities, provided that (i) any tree trimming work shall be performed only under the supervision of a licensed arborist, (ii) LESSEE notifies LESSOR in writing at least ten (10) days in advance of its intent to trim trees, and the Executive Director of Parks and Recreation or his designee approves in writing any proposed trimming, (iii) LESSEE agrees to trim any additional trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost. LESSOR reserves the right to reasonably deny any request to trim trees, E. Lessor acknowledges that Lessee may enter into financing arrangements including promissory notes and financial and security agreements for the financing of Lessee's Facilities (the "Collateral") with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. In connection therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is part of the approved Lessee's Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise, whether arising at law or otherwise, including, but not limited to any statutory landlord's lien ; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings, except to the extent the cost of such Collateral has been reimbursed by an additional communications provider pursuant to Paragraph 25(b), above. ***SIGNATURES ON FOLLOWING PAGE*** Site No: LA0620A Page I of25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: , LA SHEEDY Assistant City Attorney LESSEE: Royal Street Communications, LLC, a Delaware limited liability company By: Printed Name: _. .. _. Its: Date: —Nqrwory Dev5plopment manager l"z ( t ,b Site No: LA0620A Page 12 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 109-050-30 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: Lots 31 and 32 of Re -plat of Santa Ana Acres, as shown on a map thereof recorded in Book 5 at Page 8 of Miscellaneous Maps, records of said Orange County. LESSOR INITIALS: l LESSEE INITIALS: Site No: LA0620A Page 13 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit `B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit `B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit `B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. Site No: LA0620A Page 14 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy m m � m m r azN oz y -+ � L w7-on-2. a�a w aw,ee a a r- ra^ .pP=N .07_07_:3 N u[P xea. mAE FR M frws EE. ]Evf. lP ,yr ��r SEE SHEET-] FCR UEiAIL A P \. 1p3 050- IJ _ asww. 12s. A cwvn rw ..� w iaEa . a.. wx ea rcrx E.. a� � I \-- ZN SANTA ANA ACRES 5/8 �s Ss S.OENTn ,. All 1J9-050-JC aru^N&irtx ouw�mmrm[�, Gf to:v:...o. .,.. w,. a �P w y NAP.M..a)-on-il - uanu. (P) IY wide access i N U N' FACUEN AVENUE t I � . (P)Power and Telephone Access Easement �� \ / (P) Mtenna suppon swatwe \ and access easena [(Built by , r / others—Gry of Santa Ane ,vmed e n y j i I 1 or anthot Conduinna coa Easement for antenna waxial cables ' G 1 I (P)12,vide .ss easement ; Mir be built by ' others — wnw by 0, City of SantaMB t SITE P N ►. a� a,._ — T— M W1yy •i � :i :i � 4 h e e e e .6 i •` i I r r % —•. SJl11H _VB1�ON ���� 1 NOB1H!_k4'A1k)N n m y v m m m m ^. a o m �Ua r w a a a Y rn m 0 Y 0 d a N v .e Y e i ' T At �rwe �aP weeu e�evnrlery � � i ensi etnvnriov „ ACORW, CERTIFICATE OF LIABILITY INSURANCE 1DA2113 2-006l PRODUCER (972)419-7500 FAX (972)419-7555 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Sleeper Sewell & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12222 Merit Dr., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75251-2297 INSURERS AFFORDING COVERAGE NAIC# INSURED Royal Street Communications, LLC wsURERA. St. Paul Fire & Marine Insuranc Company 8144 Walnut Hill Lane INSURERB. Suite 800 INSURER C'. Dallas, TX 75231 INSURER D' INSURER E'. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD1TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TE09103792 09/01/2006 09/01/2007 EACH OCCURRENCE $ 1 QQQ QQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000 000 CLAIMS MADE ❑X OCCUR MED EXP A IAnv and dereon) S 0 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 SENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ 2,000,00 POLICY PRµ JEcr X LDc AUTOMOBILE LIABILITY TE09103792 09/01/2006 09/01/2007 X ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ,000,00 1,000,00 ALL UW NLU AU I US BODILY INJURY $ SGHEWLEDAUTOS (Pat dereon) X HIRED AUTOS BODY ampil nt)RV $ X NON -OWNED AUTOS (Per X Comp, $1000 Ded X (Pera cident)AMAGE S Coll $1000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AIROONLV: AGG E EXCESWU MBRELIA LIABILITY TE09103792 09/01/2006 O9101 22007 EACH OCOURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AG -RE-ATE $ 5,000,00 A s DEDUCTIBLE X RETENTION $ 10,00C$ WORKERS COMPENSATION AND H3UB7146C44AO6 09/01/2006 09/01/2007 WC EMPLOYERS' LIABILITY $ 1,000,00 A ANY OPRIEECUIVE OFFIDEBER EXCLUDED? F yes, deedribd under EL. DISEASEEAFt PLOYTj $ 1,000,00 EL DISEASEPOLICYLIMB $ 11000.000 SPECIAL PROVISIONS bdlaw usTness Personal TE09103573 07/30/2006 07/30/2007 $1,000,000 A roperty Special Form Including Theft DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ITEM: LA0620A - 2115 W MCFADDEN AVE, SANTA ANA, CA 92704. ERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTOMOBILE LIABILITY. CITY OF SANTA ANA - CITY ATTORNEYS OFFICE 20 CIVIC CENTER PLAZA (M-23) P 0 BOX 1999 SANTA ANA, CA 9Z7UZ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES AU I HUKII HtPKeseN l Alive 'r CACORD CORPORATION 1988 EXIUBiT C ADDITIONAL INSURED ENDORSEMENT Insurance Company St. Paul Fire & Marine Insurance Corn any This endorsement modifies sateh insurance as is afforded by the provisions of policy # TEo9103792 rclatiug lv the fallvwiug. 1, The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees and agents are tamed as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. 1116 uuwan" applies separably to cash umurod against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be canceled, or materially reduced m coverage or limits except alter thirty(30twau) days written notice has been given to the City of Santa Ana,20 Civic Center Plaza, Santa Ana, Califomia W02. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 09/01 /06 this endnmement form as a part of Policy # TEQ9 J 03792 Issued to Royal Street Commlinhc"On Nwn Site No: LA0620A Page 20 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal 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 LESSEE's Facilities. 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. Site No: LA0620A Page 21 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.. Dispatch Center: Name: Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.. Dispatch Center: City of Santa Ana Administrative Services 888 W. Santa Ana Blvd., 2nd Floor, (P.O. Box 1988) Santa Ana, CA 92702 714-571-4220 714-571-4209 N/A N/A ATS Communications 22651 Lambert Street, 101A, Lake Forest, CA 92630 949-305-7848 949-768-6984 N/A N/A LESSEE'S TECHNICAL CONTACTS: Name: Operations Center Address: 2913 El Camino Real #561, Tustin, CA 92782 Daytime Phone No.: 1-866-672-6727 Facsimile No.: N/A 24-Hour Contact 1-866-672-6727 No.. Dispatch Center: 1-866-672-6727 Site No: LA0620A Page 22 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT F MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2006 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Royal Street Communications, LLC, 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 Orange, City of Santa Ana commonly known as 2115 W. McFadden Ave., Santa Ana, CA, 92704, 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 , 2006, and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, 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. LESSEE: Royal Street Communications, LLC, a Delaware limited liability company M. Address: 2913 El Camino Real, #561, Tustin, CA 92782 LESSOR: City of Santa Ana C Address: 20 Civic Center Plaza (M-29), P.O. Box 1988, Santa Ana, California 92702 [FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION] Owner Initials Lessee Initials Site No: LA0620A Page 23 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT G RENT MONIES DEPOSIT DIRECTIONS Lessee shall make monthly rent deposits to the following: Bank Name Western Financial Bank Bank Address 15750 Alton Parkway, Irvine, CA 92681 Bank Phone# 858-522-1420 Bank FAX# 858-514-2105 ABA Routing Number 322285752 Account Name Pacific Southwest realty Services ATS Communications -Municipal Lockbox Account Account Number 2460052935 Bank Contact Name Mary F. Nauert mnauert@psrs.com If by mail: please have the remittances sent to the following address: Pacific Southwest Realty Services Attn: Mary F. Nauert 8840 Complex Drive, Suite 101 San Diego, CA 92123 Owner Initials Lessee Initials Site No: LA0620A Page 24 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy EXHIBIT H `j.. .Mobile a. August 7, 2006 William Lynch WMI Enterprises, Inc. Representing Royal Street 757$ Cadeneia Street Carlsbad, CA 92009 RE: RoysJ Sheol Cvmmunicalivta Cost Shore Comntltmenl T-Mobilu Site Reference: 1A0290IA & LA03ol0A Royal Street Site Reference: LA0623B & LA0620A William, The purpose of this letter is to rcyuest written commitment from Royal Street- regarding the cost shoo agreements that will be associated with Royal's calo an two T-Mobile new builds that are located in the City of Santa Ana, also known as Jerome Park and Madison Park. Royal Street will be responsible for 50% of all costs associated with the build of Jleo communication facilities. The estimated costs of Royal's share will be roughly 5140,000 per site. Signature of this letter will confirm that Royal Street is indeed aware of the costs and will be Forthcoming with payments associated with the cost share agreements. Thank you, Catrina Kangris Co -Location Specialist Rny )Sftc�,rejum atta s: 3lW"'i+romrnede,SaaeI1e05m1- Ares, CA 927a7`Ph... :-, 14) 35024ee• rnx: 1711) all-6 a Site No: LA0620A Page 25 of 25 Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704 Execution Copy A-2007-042 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Royal Street Communications, LLC 2913 El Camino Real, # 561 Tustin, CA 92782 Ana.: Property Management Site #LA0620A MEMORANDUM OF LEASE AGREEMENT This Memorandum of Agreement is entered into on this �day of Fe6-" 1 k ( 2006, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, with an office at 20 Civic Center Plaza (M-29), P.O. Box 1988, Santa Ana, California 92702 (hereinafter referred to as "Lessor"), and Royal Street Communications, LLC, a Delaware limited liability company, with an office at 2913 El Camino Real, # 561, Tustin, CA 92782 (hereinafter referred to as "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 Orange, City of Santa Ana commonly known as 2115 W. McFadden Ave., Santa Ana, CA 92704, 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 Lease Agreement by and between Lessor and Lessee dated by Lessor , 2006, and incorporated herein by reference (the "Agreement') for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, 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 of 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. LESSOR: City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Califo 'a Name: Catherine Standitord Title: Assistant City Manager Date: ATTEST. By: Name: Patricia E. Healy J Title: Clerk of the Council Date: LESSEE: Royal Street Communications, LLC, a Delaware limited liability company Name: Title: Christine Bryden Network Development Manager Date: _ Execution Copy Page] of3 STATE OF COUNTY OF On _ before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF COUNTY OF (SEAL) On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) STATE OF la[ fi Yl-)ICI COUNTY OF On I before me, i�jQYL YIir'P /VI(1PC��1 ,Notary Public, personally appeared personally known to me ( ) to be the person( whose name(�f r are subscribed ro the within instrument and acknowledged [o me that he�they executed the same in his a eir authorized capacityfyes), and [hat by hi, er their signature(�'J on the instrument, the person(, or the entity upon behalf of whicherson(�} acted, executed the instrument. WITNESS my and and offic'aI seal. Nutary Pubic (SEAL) BERENICE PINEDA Commission / 1658899 £ , -w Notary Public - CaliforNo Orange County 0My Comm. Expires Apr 17, 201 Execution Copy Page 2 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange }SS. On March 6, 2007, before me, Claudia M. Fernandez -Shaw, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Catherine Standiford _. namalsi or sl�egsj- - - Rrlp�ersonally known to me ❑ proved to me on the basis of satisfactory evidence CL kc L41 M. FERNANDE2•SHAW Commlesl0n # 1633539 Notary Public • California Orange county My Comm. Expires Jan 25, 2010 to be the person(s)/whose nameare subscribed to the within instrument and acknowledged to me that-he�y executed the same in Ivsa heir authorized capacity(izs), and that by—4jis/j6Rtheir- signature(g on the instrument the persoRrs), or the entity upon behalf of which the person acted, executed the instrument. hand and official seal. Plnre N.,a, Seal Above V OPTIONAL CCC/ 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: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Agreement dated 2006, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, as Lessor, and Royal Street Communications, LLC, a Delaware limited liability company, as Lessee. The Land is described and/or depicted as follows: APN: 109-050-30 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: Lots 31 and 32 of Re -plat of Santa Ana Acres, as shown on a map thereof recorded in Book 5 at Page 8 of Miscellaneous Maps, records of said Orange County. and otherwise known as: 2115 W. McFadden Ave., Santa Ana, CA 92704 Execution Copy Page 3 of 3 1 ACORQ. CERTIFICATE OF LIABILITY INSURANCE ioi13"a1/20 rRaD ER (97Z)419-75 FAX (972)419-7555 Sleeper Sewell & Company 122ZZ Merit Dr., Suite 200 Dallas, TX 75ZS1-2291 THIS CERTIFICATE IS ISSUED ASA MATPER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOEIL THIS CERTIFICATE DOES NDT AMEND. EXTEND OR ALTER THE COVERAGE AFFOROJO BYTH DIES MOW, INSURERS AFFOROINO COVERAGE I NAIC A IwsuRED Roya Street mum ca Tan6, 8144 Walnut Hill Lane Suite 800 Dallas, TX 75231 NSUREEA• St. Paul Fire & A�Marine Insurance Company' INNuruRu: INEURFRC: wsuRERa INSURER @: 4L F HAVE BEEN ACTISSUEDOR TO THE INSURED TNAMEDWITH ABOVE T T THE POLICY CIERTI INDICATED. E ISSUED OR : ING THE POLICIES OF INSUTRM O[ CONDI CONDITION RESPECT TO WHICH THIS CERTIFICATE MAY DI1 OMOOR ANY NEOU IN. 7HE I TERM OR CONDITION B ANY CONTRACT SD OTHER HEREIN 0 SUBJECT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIaEO HEREIN lR SUBJECT TO ALL THE TERMS, ED(CL11910N5 AND CONDITIONS OF SULK POLICIES, AGGRCOATE UMlra SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INNR TYPE CT NEmiAl1G@ POlMT M1YS[I1 RR'�E rOu T uME EmImuLUARU!Y TE09203732 9/Ol 2006 0 /01/2. 7 @AW OCWRRENCE 3 1,000100C UAW- D m i 1 ON X CO SFO ML GENCIM LVeILITY 3 � CWME MAD€ I X l DDCUR 705MIAm eMGNen1 reRsoft L'w E.A w E 1.000 00 A OENGRALAGGREMTE E 1 OOO (IENIADDFEGATE OMIT W ME3 PER: rRGDUGRI-WAIPIOP AGD 3 2 OOO.00 AVTONO X L3NIM ANYAUTD TE0930379Z 09/01/2006 09/01/2007 DDMEINED SINGLE LMIT tea laP q E 1,000. ppppDNY wAAYY /Pere ) _ A X X ALL aw 90 "red SCNEDI.SEO Al1T0S He@D Avros NON-0WNewD os YeddN'.a 3 PROPERTY DAMADE P«.eee.n s X X Camp $1000 Dad Coll S1000 Dad ewnpdF LySy,By AUTO ONLY.EAACCEIENT E yA,s, THAN BAP= AVID DNLY: AGD i ANY wTO 3 ExeENPDINlRELU UAmMTT X OCCUR E] r Na MADE TE09103792 09/03/2006 09/01/2007 EACN 00wR9ENCE E 5,000 AGGRIMAn! 3 5.000.00 3 A _ E DEWCT®LE 3 1( RETENTION 3 10. wDeo:R3COMiNEAT10NAND H7U6714 C44A06 O /Ol/200E 691011ZO07 X 'A'D A 0 E.L. EACHACCmEHT 3 1.000 A FmPIO�Ns uAEA71Y ANV PHDPmEraRmaHruERnxecuTAIE CFFICE"WOER FXOLNDA01 EA. DL4FASE-G EATLCY E LION, li�,ee.aewE. under SPEGUL PRPYIAIONS blur E.L. dREAN€•POLICY LRAM 3 1 000.00 A s Personal usinesy asTnes rope rt 7E 9103573 07/30/2006 07/3O/2007 $1,000,000 Special Form Including Theft . PAWSOND06ZAA3I 52wN/VNT/ 9IAL77SMsTI8OpNA1EfiZMA. 2 RTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTOMOBILE LTARILITY. RIVER OF SUBROGATION AS RESPECTS GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS COMPENSATION. ENOVLO ANY O. THE ABOVE nENCMBED PO E N@ UNCEI.LED NEFOR@ T11E E"WATION OATS THEREOF, THE m g INEURmt WNA ENOLAVCVI TO UM CI7T OF SANTA TWA - CITY ATTORNEYS OFFICE 30 EA HMNITr@NNMCOMTHECERMIMT WLMRNAEEOTCTWLEFT. 20 CIVIC CENTER PLAZA 01-23) mmFAEAINE TO NNLbum NOTICE SIALLAIFON@HO WIi@ATNN OR DARILIYP P 0 BOX 1998 OFAUVRINDUPONTHEINUMIt ISAOFNMORREPR®ENTATWM .wIHON14LHEYNdhMIAIIVO SANTA AMA, CA SZ702 Doual Jones ACORD 25 (200110) _. ,' TT . ; ' .:.) 'c" :.hc. Ira 61ACORD CORPORATION 1986 L'. TO 39G6 NOIld32DzId GNG SMdVd 60Z4TGSbTG ZE:El LOOVLOIC0 RXI ff C ADDITIONAL rNSDRRD ENDORSEMENT Insurance Company St Paul Fire & Marine Insurance Comtiany This endorsement modifies such insurance as is afforded by the provisions of Policy # TE09103792_ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees and agents are named as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is trade or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty(30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 09/01/2006 to 09/01/2007 this endorsement form as a part of Policy # TE09103792 Issued to Koval Street Communications, LL C 'Named Insured Countersigned by Doug Jones Authorized Representative 2A Site No: LA0623D Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707 Execution Copy Page 19 of2a ZO 39Cd NOI IM03d aNC SANVd 60ZOILSCIL Z£:£I L00Z/LO/£0 `.. , f CERTIFICATE NUMBER �1�1A, lM6 HOU_0 1111-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Dallas.Certs@Marsh.com NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4400 Bank One Center POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 1717 Main Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Dallas75201 COMPANIES AFFORDING COVERAGE Attn: (866) 9664664 COMPANY 63165—GAWXS-07/08 LA 2825A 5M A ST. PAUL FIRE & MARINE INS CO INSURED O J'� Royal Street Communications, LLC A °r 8144 Walnut Hill Lane, Suite 800 _ y3 Dallas, TX 75231 oe014 COMPANY B CHARTER OAK FIRE INS CO COMPANY C TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA COMPANY D N/A Ell I THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM1DDlYY) POLICY EXPIRATION DATE(MWDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY TE09104026 09/01/07 09/01/08 PERSONAL & ADV INJURY $ 1,000,000 CLAIMS MADE a OCCUR EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 1,000,000 MED EXP (Any one rson) $ Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ 1,000,000 A X .ANY AUTO TE09104026 09/01/07 09/01/08 BODILY INJURY (Per person) $ A ALLOWNEDAUTOS MA09100045 (MA) 09/01/07 09/01/08 SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIREDAUTOS NON -OW NED AUTOS PROPERTYDAMAGE $ X Comp $1000 Ded-except trailE rs X oll $1000 Ded-except trailers GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A X UMBRELLA FORM TE09104026 09/01/07 09/01/08 $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY HC20-UB-7053GI05-07 09/01/07 09/01/08 WC STATU- OTH- X TORY LIMITS ER $ 1,000.000 EL EACH ACCIDENT EL DISEASE -POLICY LIMIT $ 1,000,000 C THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL HRJ-UB-117D446-07 09/01/07 09/01/08 EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS Site #: IA2825A - S Raitt St. & W. Warner Ave. (ATS) 2302 3/4 Raiff Street, Santa Ana, CA 92704 Where required by written contract, Certificate Holder is an Additional Insured (except on Workers' Comp) as respects operations of the Named Insured. Where required by written contract, the above referenced policy(s) includes Waiver of Subrogation in favor of the Certificate Holder. SHOULD ANY OF THE POLICES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL EXIT MAIL g.Q DAYS WRnTEN NOTICE TO THE City of Santa Ana, its Officers, agents, employees, representatives, and volunteers Attn: Management Aide CERTIFICATE HOLDER NAMED HEREIN, 4E 20 Civic Center Drive Santa Ana, CA 92702 APPROVED AS TO FORM MARSH USA INC. sY: William Hines Lc/IA-"'t�-.�e.^► VALID AS OF: 10/31/07 Laura Assista t ity Attoriey -E, `k .52 v ral AGREEMENT ENDORSEMENT - ADDITIONAL PROTECTED PERSONS This endorsement changes your Commercial General Liability Protection. How Coverage Is Changed The following is added to the Who Is Protected Under This Agreement section. This change broadens coverage. Persons or organizations required under contract or agreement. We'll protect any person or organization that you are required to add as an additional protected person under: • a written contract or agreement; or • an oral agreement or contract where a certificate of insurance showing that person or organization as an additional protected person has been issued. The written or oral contract or agreement must be: • currently in effect or becoming effective during the term of this policy; and • executed prior to the injury or damage. Coverage provided by this endorsement is limited as follows: 1. That person or organization is a protected person with respect to liability resulting from: • premises you own, rent, lease, or occupy; or • your work for that protected person by or for you. 2. The limits of coverage applicable to the protected person are those specified in the written contract or agreement or in the Coverage Summary, whichever are less. These limits of coverage are inclusive of and not in addition to the limits of insurance shown in the Coverage Summary. The insurance provided to the protected person doesn't apply to injury or damage that results from an architect's, engineer's, or surveyor's performance or -failure to perform architect, engineer, or surveyor professional services. We explain what we mean by architect, engineer, or surveyor professional services in the Contract liability exclusion. Other insurance. Coverage provided by this endorsement will be excess over any other valid and collectible insurance whether primary, excess, contingent, or any basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. Other Terms All other terms of your policy remain the same. L0085 Ed. 12-97 Endorsement 0 1997 The St. Paul Travelers Companies, Inc. All Rights Reserved Page 1 of 1 MMC 10/16/2008 10:57:02 AM PAGE 3/006 Eastern Time Zone DATE L A RO CERTIFICATE OF LIABILITY INSURANCE 10115 M'°°""""' 0l1 &2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4400 Commence Bank Tower HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1717 Main St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75201-7357 Attn: Gallas certsomarsh. com Fax 212-948-0519 063185--AIh08.09 LA 06238 SM INSURERS AFFORDING COVERAGE NAIC # INSURED �, -)G NSJRERA Insurance Company Of The State Of PA 19429 Royal Street Communications, LLC �- 7-D' 2435 North Central Expressway, TI1200 INSURER a National Union Fire Ins Co Pittsburgh PA 19445 Richardson, TX 75080 A--). 007-Og3 INSURER,' A -tea i-D , INSURE R0 IN11_RER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RCOUIREMENT, 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, EXCLUSONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N LTB ADDT1,� INSRq TYPE OF INSURANCE " PCUCYNUMBER DUCT EFFECTIVE (POLICY EXPIRATION DATE W IDDA'p DATE IMMIDWYY7 LIMITS GENERAL LIABILITY t � 1 V.IJ Nl q X - GL1871946 OW01108 09/01/09 'AMA-`ET57 A ED 1,000,00 X CO MMERC AL GENE RA11ABaITY REM ISEe ER nWurww $ MEC E%P;Anvcnapasaro $ 10.00 X-1u„I,R CLAIMS MADc PEPSONALB ADVIN IIRV $ 1,000,000 _ X CrDeraLAggrEgateLimii— GENERALAGGREGATE �Per Policy $10000000 $ 2,000,006 GE%E9ALAGG;RETATELIMn APP_ ES PEP PROD( ACTS XIMPICPAG 2.000.000 vRO. PnLDY X ' LECT 7X uGr_ _.. A X AUToxoslLE uaelulY AL1607793 091 09/01/09 COMBINED SINGLE LIMIT $ 7,000,00 X ANY AI<) lEO ewitlenll AL.nWNEDAIRs BODILY INX11Y I$ I _ � SCHEOAEC At Tny 1Fe1 C9r5.Jn1 I X HIREDAJTjc DTCI v NJ[ I RY $ X NgN %WNE rnenn X Camp 51Ded 000 De PROPERTY DAMAGE X F ecc4enp $ 'X Coil 1 000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCID-W S ANY AUTO OTHER THAN EAACC IAUTCCNLY IS $ AGG EXCESILUMBREILADABIUTY BEB081872 09101/08 109101A19 EACH OCCURRENCE $ 5,000,00 AGES-CATE $ 5,000,00 CJJMSMAGE $ GEDUCIBLv I $ X RF-FNTIUN $Itz A WORKER cDMPENs4noN AND WC4800627 (ADS) O9/Ot/08 09/01/09 X kwC STAnL I LITE. A EMPLOYERS' LIABILITY WC4800628(CA) 09101/08 09/Ot/09 LEa�HAccICENT $ 1,000.00 " EL DISEASE=AEMF.pYE $ 1,000,00 ANY PRUPRIE73R' PARTNFR.'F%FCI TINE OFFJERIMEMBEREXC "Eul L L.SEA.SE � �GLCV LIMIT Is 1.000,000, Il v% anunce unlar SFF V A- PROVISI.I;NS rn,nw OTHER DESCRIPTION OFOPERA7IONS40CATIONSNEHICLES.EXCWSIONSADDEDRV ENDORSEMENnSP CIAL PROVISIONS Re: Site 4#LA0823B/Madison Park 1528 S Standard Ave , Santa Ana, CA 92707 Where required by written Contract. Certificate Holder is an Additional Insured lexoept on Workers' Comp) as respects operations of the Named Insured. Where required by written contract, the above referenced pdicy(s) includes Waiver of Subrogation in favor OF the Certificate Holder. CERTIFICATE HOLDER HOU-000838125-09 CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Atln Carla Thompkins - Parks, Rec. a Community Services 3Q__ DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ( M-23) E %ecubve Director BUT FAILURE TO DO 30 WALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IEIND 888 W Santa Ana UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 OITX. jTRES�8`EM4TAT1E 4I/ 'a3 William Hines ACORD25(201 4���F4�� - )are(� �L CtkL Jt Fax from . I f L7 lJ 0 AGVMO UUMPUNMIrVp 'WOO 10/16/08 07:57 Pg: 3 MMC 10/16/2008 10:57:02 AM PAGE 6/006 Eastern Time Zone This endorsement, effective 12:01 A.M. 9-1-08 forms a part of Policy No. GL 187 19 46 issued to ROYAL STREET COMMUNICATIONS by THE INSURANCE COMMPANY OF THE STATE OF PENNSYLVANIA ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative 74434 ( 10/99) Fax from 10/16/08 07:57 Pg: 6 MMC 10/16/2008 10:57;02 AM PAGE 5/006 Eastern Time Zone THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 9-1-08 forms a part of Policy No. GL 187 19 46 issued to ROYAL ST. COMMUNICATIONS, LLC. by INSURANCE COMPANY STATE OF PENNSYLVAN[A ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LLABILirY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: The coverage and/or limits of this policy, or The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 61712 (12/06) Fax From . 10/16/08 07:57 Fg: 6 MIMIC 10/16/2008 10:57:02 AM PAGE 4/006 Eastern Time Zone IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Reverse of I 1 Fax From : 10/16/00 07:57 Pg: 4 k�- 8 t' -c 4,4 IDATE (MMtDD/YYYY) Ay o' CERTIFICATE 4F LIABILITY INSURANCE 1 09/28/2010 rPRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4400 Comerica Bank Tower HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1717 Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75201-7357 Attn: dallas.certs@marsh.com Fax 212-948-0519 063165-RSC-GAWU-10-11 LA 0620A 5M Y No INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Insurance Company Of The State Of PA 19429 j Royal Street Communications, LLC INSURER B: Commerce And Industry Ins Co 19410 2250 Lakeside Blvd. Richardson, TX 75082 INSURER C: National Union Fire Ins Co Pittsburgh PA 19445 C, INSURERD:tlT� n l , INSURER E: 3 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. " NSRIADD'TYPE OF INSURANCE POLICY NUMBER LTR INS POUCY EFFECTIVE I POLICY FXPM'nON LIMITS DATE (MMIDDIYYM OATS (MMOD/YYM A GENERAL LIABILITY GL4360871 09/01/2010 ji 08/D1/2011 EACH OCCURRENCE 1ED-- __7,000.000 ! X COMMERCIAL GENERAL LIABILITY AMA PREMISE Ea oecurronce $ 1,000,000 MS MADE . x - OCCUR .X P�i_e_-Icl; I MED EXP (Arty one person) $ 10,000 AggrggateLimll ! PERSONAL aADVINJURY $ 1,000,000 Per Policy $10,000,000 GENERAL AGGREGATE $ 2,000,000 GENERAL AGGREGATE LIMIT APPLIES PER _, M-COPO PRDCTS P AGG $y 2,000000 ___U POLICY JECT X . I - i A AUTOMOBILE LIABILITY CA3976563 09/01/2010 09/01/2011 COMBINED SINGLE LIMIT !$ 1,000,000 X ANY AUTO I (Ea accident) "I$ _ ALLOWNEDAUTOS _... BODILY INJURY - .-_ SCHEDULEDAUTOS PPROVED A TO FORM �.IF-person] ?.... --- X HIRED AUTOS ; BODILY INJURY ii$ !. X � NON -OWNED AUTOS (Per accident) _ — — X . Comp/Coll $1,000 Dad PROPERTY ROP RTYDAMAGE j$ _. L .I H •/ GARAAG�EAIAB AOILITY C� R Y AUTO ONLY * -.... �- OTHERTHAN�AEAACCT$ ... $ I AUTO ONLY. AGG C EXCESS I UMBRELLA LIABILITY BE15972 09/01/2010 09/01/2011 EACH OCCURRENCE $ 5,Doo,D00 , AGGREGATE X OCCUR n CLAIMS MADE ! $ 5,000,000 '',. DEDUCTIBLE 1$ j RETENTION S B ` WORKERSCOMPENSATION AND WCO26149488 (CA) 09/01/2010 09/01/2011 X WC STATu- oTH- ER A EMPLOYERS' LIABILITY-.- ANY PROPRIETOR(PARXECUTNE YIN wc026149489 (ADS) 09/01/2010 osrol/ZD11 1,000,000 .L. EACH ACCIDENT OFFICER/MEMBEREXCLUDEDLUDED? � 1,000,000 '- "�-�""'— .L. DISEASE - EA EMPLOYE (Mandatory in NH) It yes, describe under j DISEASE -POLICY LIMI7 I $ 1,000,000 SPECIAL PROVISIONS below .L. OTHER i DESCRIPTION OF OPERATIDNSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Re: Site #: LA0620A - 2115 W Mcfadden Ave., Santa Ana, CA 92704, 3'e M VV►e tea rK Where required by written contract, Certificate Holder is an Additional Insured (except on Workers' Comp) as respects Operations of the Named Insured. i I CERTIFICATE HOLDER HOU-001115914-37 City of Santa Ana -City Attorneys Office 20 Civic Center Plaza (M-23) PO Box 1988 Santa Ana, CA 92702 ACORD 25 (2009101) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRnTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. William [.T/ �_. - ©1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD 7-ate° O -7 - ( L THIS F,NDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 12:01 A.M. 9-1-10 forms apart of Policy No. GL 436 08 71 issued to ROYAL STREE I' CONMUNICATIONS, LLC By Insurance Company of The State orPennsylvanis roe abarr "attuchirrg cdausr " mrd be co+rrrlued arty u he» dW endorsemew is issurd srrbsrgaem to the pngwarim of dv poNcy). NOTICE OF CANCELLATION AND NONRFNEWAL TO CERTIFICATE 11OLDER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LLkBILITY COVERAGE FORM BUSINESS AUTO COVERAGF FORM TRUCKERS COVERAGE FOF-M GARAGE COVERAGE FORM We sball provide written notice in accordance with state law In the event this policy is cancelled or nvnrrnewed, for any reason other than non payment of premium, to those entities set out in the schedule below. Notice » ill be mailed to: To the attention of: Schedule City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Silvia Cuevas Contract, Permit or Job Number : Parks, Recreation and Community Services Agency 82541 {tit): ) POLICY NUMBER: GL 436 08 71 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAR a SCHEDULE State Or Govemmental Agency Or Subdivision Or Political Subdivision: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 I 1 Infomiation re uired to complete this Schedule if not shown above, will be shown In the Declarations Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. 'Bodily injury" "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality, or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard'. CG 20 12 05 09 0 Insurance Services Office, Inc_, 2008 Page 1 of 1 0 I DATE IMMIDDNYYYI...... ! �CERTIFICATE OF LIABILITY INSURANCE 5/1/201.7 8/24r20I6 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 pol"Icy(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), TCT PRODUCER Lockton Companies NANMEE: Three City Place thrive, Suite: 900 PHONE FAX ArC N9-J5xf _._.-._,_. St. Louis MO 63141-7081 E-MAIL (31.4) 432-0500 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # ..INSURED INSURER A: XL InSLlrance America, Inc. 24554 T-Mobile US, Inc. INSURER B: Greenwich InSUrance Company 22322 1.358772 Its Subsidiaries and ,Affiliates INSURER C: National Union hire Ins Co Pitts. ['A 19445 12920 SE 38th Street INSURER D Bellevue: WA 98000 INSURER E . ^,-""'Z) `1 �*),..I -- 4»`4s d.@..',,+. ...... ___. ........ .. k INSURER F : COVERAGES Tfv OBI CERTIFICATE NUMBER: 171?5146 REVISION NUMBER: XXXXXXX 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 ._.. _.. .ADDLSUBR' _ _.. POLICYEFF POLICYEXP '.... LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER fMMIDDIYYYYI (MMIDDNYYYILIMITS B COMMERCIAL GENERAL LIABILITY Y N RGD5000259-05 '...5/1f2016 '. 5/112017 EACH OCCURRENCE $ 1,.000,000 ._. CLAIMS MADE X, OCCUR DAMAGE TO RENTED PREMISES (Ea occur excel 's 1,„000,000_ MED FXP (Any one person) $ 5,,.000 PERSONAL &ADV INJURY $ 1.„000,000 GE,N'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEs 2,000,000 POLICY JECOT- X.... LOG PRODUCTS-COMPPOP,AGO s 2,000,000. OTHER_ s B AUTOMOBILE. LIABILITY t� f IPAD5f1C)1257'7W5 SIIJ2016 5/I12017 , COMBINED SINGLE LIMIT $ ..,. fEa,aec�deetl 2.,.000,000. ANY AUTO BODILY INJURY (Per person) S XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) s XXXXXXX, HIRED NON -OWNED PROPERTY DAMAGE s X..'XXXXX AUTOS ONLY AUTOS ONLY (Per scodenl) $ XXXXXXX C X UMBRELLA LIAB X OCCUR N N 1.9086894 5111201.6 :. 511/2017 EACH OCCURRENCE s 5,000,000. .. 0 EXCESS LIAR Sift applies per policy CLAIMS -MADE _. AGriREGATE... 5,.00,000 --s C .._.m ......... ..__--- terrrus r31; conditions BED RETENTION25,000 S XXXXXXX WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY ° RWD5000301-04 AIDS 5111201.6 5/l/2017 PER OTH- STATUTE ER YIN ftWRSdf)t130I 2-04W[ 5JU/206 5/1/2017 A ANYPROPRIENH1 ACCIDENT OEEMPLGYEE OFFICFRIMEMBERf EXCLUDED?ECUITtlVE N1a (Mandatory E LDISEASE S 1,,000,000, It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) THIS CERTIFICATE SUPERSEDES,ALI, PREVIOUSLY ISSUED CERTIFICATES FORt1'111S t'IOUDER. APPI.ICABLE'TO THE C NRR.IERS ITS I`ED ANDTliF, POLICY TER,Nt(S1 REEERIENCED. The Certificate [-folder and other entities defined by written contract, stataite, Penn it application or written agreement are additional insureds on a primary and non-contributory baSiS under general liability and are additional insured Larder automobile liability as required, by written contract. Waiver of'Subrogation applies Linder general Liability and automobile liability as required by written contract. **See Attached Endorsements** LA93010A/LA0620A -'21 15 W Mcfidden Ave., Santa Ana, CA 92704_ CERTIFICATE HOLDER 12325146 City of Santa Ana Attn: City Attorneys Office 20 Civic Center Plaza (M-23) PC) Box 1988 Santa Ana CA 9'2702 ACORD 25 (2016/03) N,, !C ' l_ irAv CANCELLATION See Attachments ®q� p SHOULD EXPIRATII©NHABOVE DATE VTHEREOF, NOTICE POLICIES CANCELLED WILL BEBEFORE DELIVERED THEIN ACCORDANCE WITH THE POLICY PROVISIONS. �yyq' 1 W e AUTHORIZED REPRESENTATI]Vgr ._ .sI^! 0 rJ 1988.2MT'ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2016 forms a part of Policy No. RGID5000259-05 issued to T-MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY WASHINGTON - CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies): Per the most current schedule Of Certificate Holders maintained by Lockton Companies and furnished to XL Insurance on a monthly basis Mailing Aqd_ress: Number of Dates Advanced Notice of Cancellation: In the event of cancellation for nonpayment of premium, ten (10) days notice will be given. All other terms and conditions of the Policy remain unchanged. IXI 405-WA 1210 Miscellaneous Attachment M4815 10 Master ID: 1358772, Certificate ID: 12325146 W ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2016 forms a part of Policy No. RAD5000257-05 issued to T-MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WASHINGTON - CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(s) according to the notification schedule shown below: Name of Person(s) or Entity(ies): Per the most current schedule Of Certificate Holders maintained by Lockton Companies and furnished to XL Insurance on a monthly basis Mailing Address: Number of Days Advanced Notice of Cancellation: In the event of cancellation for nonpayment of premium, ten (10) days notice will be given. All other terms and conditions of the Policy remain unchanged. IXI 405-WA 1210 Miscellaneous Attachment: M481533 Master ID: 1358772, Certificate TD: 123251.46 30 This endorsement, effective 12:01 a.m., May 1, 2016 forms a part of Policy No. RGD5000259-05 issued to T-MOBILE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under all coverage parts COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section II - WHO IS AN INSURED is amended to include as an Insured any person or organization for whom you have agreed under written contract or agreement to provide Insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain the same. Miscellaneous Attachment: M481.507 Certificate ID; 12325146 This endorsement, effective 12:U1am,May 1,2018 , forms opart of Policy No. RGD500259-05 issued boT-MDB|LE US, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the foUowing�. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy,this insurance shall apply as primary and not contributing with any insurance carried bysuch Additional Insured, as required by written contract. All other terms and comdftionmof this policy remain unchanged. kUxuc|auuooxAttachment: M48|509 POLICY NUMBER: RGD50O02b0-05 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (revised) State Or Governmental Agency Or Subdivision Or Political Subdivision: COMMERCIAL GENERAL LIABILITY CG 20120413 Any State orPolitical Subdivision you have agreed to include as an additional insured underwritten contract, permitmppi|caUun. aoyiuhm or agreement, provided such contract oragreement was executed prior to date of Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section N - Who Is An Insured in amended to 2.This insurance does not apply to, include as an additional insured any state or a. "Bodily injury^. "'property damage" ��m�m~ or governmental agency or subdivision or political '.personal and advertising injury" arising subdivision shown in the Schedule, subject to the out of operations performed for the following provisions: federal government, state or municipality; This insurance applies only with respect to operations performed byyou uronyour behalf for which the state or governmental agency or subdivision or political subdivision has issued o permit orauthorization. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and |[ coverage provided hothe additional insured is required by ewontract or agreement, the insurance afforded to such additional insured wN8 not be broader than that which you are Wm b" "Bodily imNury~ or "property damage" included within the "products -completed opomotimnehacard°. B. With respect to the insurance afforded to 1hoa* additional ioourede, the following is added to Section N| -L|mnitsOf|mmuranoe If coverage provided to the additional insured is required byacontract oragreement, the most mm will pay on behalf of the additional insured is the amount nfinmunanu*� 1. Required bythe contract oragreement" or 2 Available under the applicable Limits ofrequired by the contract or agreement to provide for such additional insured. Insurance shown inthe Dedmrationm� .60 is enclorsemen all not increase the applicable �101`- Li i of Insu emhm*ninthe Declarations. CG 2,0 12 04 13 . Page I of I Miscellaneous Attachment: M513768 Certificate [D: 12325146 Miscellaneous Attachment: M512768 L X®2k � t� Certificate ID: 12325146 \�� Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2021.10.1913:22:29-07'00' ACORO° CERTIFICATE OF LIABILITY INSURANCE 5/l/2022 DATE (MMIDDIYYYY) 10/12/2021 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 Lockton Companies CONT NAMEACT Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314)432-0500 PHONE FAX Ext : A/C Na E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Co=my 20443 INSURED T-Mobile US, Inc. 1358772 Its Subsidiaries and Affiliates INSURER B: The Continental Insurance Company 35289 INSURER C : Transportation Insurance Company 20494 INSURER D : 12920 SE 38th Street Bellevue WA 98006 INSURER E INSURER F : COVERAGES TMOBI CERTIFICATE NUMBER: 12325146 REVISION NUMBER: XXXXXXX 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 7012343900 5/l/2021 5/1/2022 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 10,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 20,000,000 POLICYEl JE � LOC PRODUCTS -COMP/OP AGG $ 20,000,000 $ OTHER: A AUTOMOBILE LIABILITY N N 7012343878 5/t/2021 5/l/2022 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED ONLY AUTOS ONLY $XXXXXXX B X UMBRELLA LIAB X OCCUR N N CUE 7014886953 5/l/2021 5/1/2022 EACH OCCURRENCE $ 5,000,000 B B EXCESS LIAB CLAIMS -MADE Slit applies per policy terms & conditions AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10,000 $ XXXXXXX 1 1 B B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? NI (Mandatory in NH) NIA N 7012343895 (AOS) 7012343881 CA 7012447142 AZ,MA,OR,WI) 5/1/2021 5/l/2021 5/l/2021 5/1/2022 5/1/2022 5/1/2022 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TFRM(S) REFERENCED. The Certificate Holder and other entities defined by written contract, statute, permit application or written agreement are additional insureds on a primary and non-contributory basis under general liability and are additional insured tinder automobile liability as required by written contract. Waiver of Subrogation applies under general liability and automobile liability as required by written contract. **See Attached Endorsements** LA93010A/LA0620A - 2115 W Mcfadden Ave Santa Ana, CA 92704 12325146 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Exec. D1reClOre, Parks, BCC. & Community Services y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza .Santa Tina CA 92702 AUTHORIZED REPRIESENTAT ,,, oRaNc RA Mwag'tM erd DiVisi n REVIEWED & APPROVED BY: © 1988-2 ACORD C L v� ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ` Risk Management Analyst Attachment Code: D590641 Master ID: 1358772, Certificate ID: 12325146 City of Santa Ana Exec. Directore, Parks, Rec. & Community Services Attn: Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 IMPORTANT NOTICE Dear Certificate Holder for T-Mobile and its subsidiaries (including Sprint): In our continued effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance going forward. To ensure future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 12325146 -Email: stl-edelivery@lockton.com -Phone: 314-812-3888 If we do not receive your email address via one of the above methods prior to the client's next renewal, we will assume you no longer need the certificate. If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. The above inbox is for coffecting email addresses for renewal electronic certificate delivery ONLY. You wiff not receive a response from this inbox. Thank you for your cooperation. Lockton Companies Lockton Companies Three CityPlace Dr, Suite 900 / St. Louis, MO 63141-7088 314-432-0500 / lockton.com HORaN } r RAManWmentDMsian REVIEWED & APPROVED BY: f R. VSA44a Risk Management Analyst Attach ekVAK 8 Master ID: 1358772, Certificate ID: 12325146 It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA75014XX (01-2015) Endorsement Effective Date: 5/1/2021 Endorsement No: Page: 1 of 1 Underwriting Company: Continental Casualty Company Policy No Policy Eff , RisleMa�agementONeawn ' REVIEWED & APPROVED BY.- 3 r Risk Management Analyst V Copyright CNA All Rights Reserved. Attachment Code: D559289 Master ID: 1358772, Certificate ID: 12325146 ■ NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. its endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, kes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another fective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX (02-2013) Endorsement Effective Date: 5/1/2021 Endorsement No: Underwriting Company: Continental Casualty Company P of i c Risk MwagmentDMsian oRaN POI IC i REVIEWED & APPROVED BY. - a POlic V Copyright CNA All Rights Reserved. Risk Management Analyst ttachmcnt Code: D559325 crtificatc ID: 12325146 CNA Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any State or Political Subdivision you have agreed to include as an additional insured under written contract, permit application, statute or agreement, provided such contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed as follows: A. The WHO IS AN INSURED is amended to add as an Insured any state or governmental agency or subdivision or political subdivision shown in the Schedule that has issued a permit or authorization for operations performed by or on behalf of the Named Insured, but only with respect to bodily injury, property damage or personal and advertising injury arising out of the permitted or authorized operations. However, if coverage for the additional insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. B. This insurance provided to the additional insured does not apply to: 1. bodily injury, property damage or personal and advertising injury arising out of operations performed for the federal government, state or municipality; or 2. bodily injury or property damage included within the products -completed operations hazard. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, CNA74739XX (1-15) Policy No: P 1 f1 7012343900 age o CONTINENTAL CASUATLY COMPANU\Y Insured Name: T-MOBILE US, INC. En Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., " .—`` Risk MmRgzmerdDiAsiun REVIEWED & APPROVED BY. - Risk Management Analyst ttachmcnt Code: D559285 crtificatc ID: 12325146 CNA Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other 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. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, CNA74987XX (1-15) Policy No: 7012343900 Page 1 of 1 Endorsement No: Effective Date: 5/1 /2021 CONTINENTAL CASUALTY COMPANY Insured Name: T-MOBILE US, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wit �oRaN 3 RiskMwagemerdDiAsiun REVIEWED & APPROVED SY: z a F R. V Risk Management Analyst ttachmcnt Code: D559280 crtificatc ID: 12325146 CNA Additional Insured - Designated Person or Organization Endorsement This endorsement modifies insurance provided under the following: SCHEDULE Name Of Additional Insured Person Or Organization: Any person or organization for whom the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the limit and scope of insurance agreed to by the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the section entitled WHO IS AN INSURED is amended with the addition of the following: A. The person or organization shown in the Schedule is an Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused in whole or in part, by: the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: 1. in the performance of the Named Insured's ongoing operations; or 2. in connection with premises owned by or rented to the Named Insured. B. However, if coverage for the additional insured is required by written contract or written agreement, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. coverage broader than required by such contract or agreement; or 2. a higher limit of insurance than required by such contract or agreement. C. The coverage granted by this endorsement does not apply to bodily injury or property damage included within the products -completed operations hazard. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, CNA74745XX (1-15) Policy No: Page 1 of 1 7012343900 CONTINENTAL CASUALTY COMPANY Insured Name: T-MOBILE US, INC. Endo Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., �oRaN RiskMmRgzmerdDiAsian REVIEWED & APPROVED SY: 3 r f R. VSA44a Risk Management Analyst T • •Mobile• T-Mobile USA, Inc. 12920 SE 38th Street, Bellevue, WA 98006 # SENT BY UPS OR CERTIFIED MAIL August 11, 2021 City of Santa Ana Office of the City Attorney 20 Civic Center Plaza (M-29) PO Box 1988 Santa Ana, CA 92702 Re: Notice of Merger of Tenant into Affiliate entity pertaining to Lease by and between City of Santa Ana ("Landlord") and MetroPCS Networks California, LLC ("Existing Tenant") for the Premises at 2115 W McFadden Ave, Santa Ana, CA 92704 (the "Lease") Site ID: LA93010A Landlord Site ID: Dear Landlord: T-Mobile is continuing the process of simplifying its corporate structure by combining additional subsidiaries for corporate entity consolidation purposes. As part of that process, the Lease between Landlord and Existing Tenant for the above referenced Premises has been transferred to T-Mobile West LLC ("New Tenant'). This letter serves as notice that effective July 1, 2021, New Tenant is the successor -in -interest to the Existing Tenant as a result of certain intercompany restructurings, mergers, assignments to T-Mobile subsidiaries or affiliates, or other transfers by operation of law. Following these consolidations or corporate restructurings, any notices pertaining to the Lease should be sent to: T-Mobile West LLC 12920 SE 381h Street Bellevue, WA 98006 Attn: Lease Administration Site ID: LA93010A If you have any questions, please reach out to Pro pertyManagement@t-mobile.com. Respectfully, ;VarT4 a 9zaKl¢eew Patricia Franklin Director, Network Supply Chain + Partner Management Ride Management DMsbn REVIEWED & APPROVED BY. z o?waiiu f� P VjjW"4,j Risk Management Analyst �1 T is aMobiles" 10- INSURANM9NH1 E- VIORK MAY PROCEE15 UNTI1_ INSURANCE EYPIRD3 'CLERK OF COUNCIL _ 0.- A-2007-042-01 2008 McGaw Ave, Irvine, CA 9261.4 Josepli.Tlionipson a,T-Mobile.com August 10, 2016 _ . Mr. Ron Ono City of Santa Ana. Parks, Recreation and Community Services Agency M23 20 Civic Center Plaza, 2°° Floor, Room #272 P,O. Box 1988 Santa Ana, CA 92702 Re: T-Mobile Site #: LA93010A Site Address: 21.15 W. McFadden Ave., Santa Ana, CA 92704 Consent Request and Acknowledgement for Antenna Facilities Modification Dear Mr. Ono: T-Mobile West LLC, as successor in interest to Royal Street Communications, LLC a Delaware limited liability company ("Lessee") and the City of Santa Ana, a charter city municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor"), are parties to a. Lease Agreement dated February 201h, 2007 (the "Lease") for a site located at 2115 W. McFadden Ave., Santa Ana, CA 92704, upon which T-Mobile operates wireless antenna facilities. Pursuant to the Lease, T-Mobile can modify or upgrade its facilities at any time during the term of the Lease after.obtaining Landlord's approval. T-Mobile needs to replace and/or upgrade its facilities. All equipment will be installed within the existing premises. To confirm your approval of the modifications described in this letter, please sign and date the following acknowledgement on both copies of this letter, keep one copy for your records and return the other signed letter to T-Mobile in the enclosed envelope. For your convenience, if you choose not to respond to this request within thirty (30) calendar [lays, T-Mobile will deem consent to be granted. If you have any questions, please contact Jordon DiBiasc at 949-336-1550 or JDil3iasc((-i,)Coasta1BusinessGraut net, Thank you for your cooperation and attention to this matter. _._.._.._.___w_.___ Sincerely, roe Thompson Partner Delivery Manager Southern California Market T-Mobile West LLC oR,H F Risk Manag=w1UiMsion & APPR.OgVq D BY. ccREMEWED Risk Management Analyst Acknowledged, ,accepted and Agreed: Landlord: _ ..,.� By: Marne: David Cavazos Title. City Manager Date: Approved as to Form: (L4 f J641T Ma Funk Assistant City Attorney �MMENNEEDK:� L: GERARDO MOUET Executive Director of Parks, Recreation and Community Services Agency ATTEST MARIA D. HUIZAR Clerk of the Council oR,H F RlskMwwg mmtUiMs€on REM EWED & APPR.OgVq D BY. Risk Management Analyst