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AIRTOUCH CELLULAR (VERIZON)
A -/If Y--��D5" 'SITE NAME: Court House I EFFECTIVE DATE: January 1, 2000 I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 Recorded in the County of Orange, California Gary L Granville, Clerk/Recorder No Fee 20000127363 2; 36PM 03/10/00 004 00158066 115 33 009 15 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 009 Cancel Taxes Approved as to Approved by Description WrittTC� iption A.P. Number R/W Map Number Project Number Form By Arty. Director Byd - OK LEASE "Landlord": City of Santa Ana, a charter city and municipal corporation of the State of California "Tenant": Los Angeles SMSA Limited Partnership by and through its sole general partner AirTouch Cellular "Landlord's Property": The property as described in Exhibit "A-L" I. Lease. As of the Effective Date, Landlord leases a portion of Landlord's Property to Tenant, referred to in this Lease as the "Premises," and more particularly described below: [MARK APPLICABLE PARAGRAPHS) (a) Real property comprised of parcels measuring approximately 326.57 square feet and measuring approximately 472.02 square feet, as defined and depicted on Exhibit "A-2"; ❑ (b) Building interior space comprised of approximately _ _ square feet and known as suite/room or (describe) located at: address ❑ (c) Building exterior (including rooftop) space as required for antenna support structures and attachment of antennas and/or microwave dishes; together with a grant by Landlord to Tenant of a non-exclusive underground easement ("Easement") to establish utility connections to and/or between Tenant's equipment and antenna installations , situated substantially as shown on Exhibit "A-2" and with a grant by Landlord to Tenant of an irrevocable, non-exclusive right to (i) access the Landlord's Property and the Premises, except as provided in Paragraph 16 herein below, 7 days a week, 24 hours a day for the purpose of Tenant's use as described in Paragraph 5 herein below; and (ii) to install, maintain, replcce and repair, from time to time, ail necessary cables, conduits and pipes from the Premises to the nearest appropriate utility connections, subject to the notice provision outlined in Paragraph 17 herein below. Tenant shall be allowed to install and maintain a temporary power source at an appropriate location within Landlord's Property as reasonably approved by Landlord. Tenant may occasionally park its vehicles on Landlord's Property when Tenant is installing, removing or servicing its Communications Facility. Upon signing of this Lease 203289/annual rent Pagle A-1999- 205 by the parties, Tenant shall have the right to survey and test the Landlord's Property. 2. Term. Ten 10 years beginning on the Effective Date. Prior to expiration of the Lease, Tenant shall remove all Improvements and restore the Property and Premises to its original condition, excepting normal wear and tear. Upon expiration of the Lease, Tenant shall surrender possession of the Premises and Property to the Landlord. 3. Extensions. Tenant is granted options to extend this Lease for up to two 2 additional 5 year periods by giving Landlord written notice at least 90 days before the term or extended term ends. Prior to the commencement of each extension period, Tenant shall resubmit its plans for the Communications Facility to the Planning and Building Agency of the City of Santa Ana for review, approval and conformity with all existing local laws and regulations. However, Landlord reserves the right to deny such extensions by giving Tenant written notice not less than 6 months before the term or extended term ends, if the Landlord decides in its reasonable discretion that Tenant's continued tenancy would be not be in conformity with the Landlord's intended use of its Property at that time . 4. Rent. Annual Rent for the Premises shall be Fourteen Thousand Four Hundred and 00/100 Dollars ($14,400.00) payable in equal annual installments, in advance, on the first day of each calendar month during the Tenn. (including a prorated portion for an initial partial month, if any, and excluding a prorated portion for the last partial month, if any). Annual Rent shall be fully abated until construction is commenced by Tenant or, until 4 months after the Effective Date, which ever occurs first. In the event this Lease is terminated pursuant to Paragraph 6 (or is otherwise terminated early in accordance with the temis and conditions hereof), then any portions of any Annual Rent payments covering any post - termination timeframe(s) shall be immediately refunded to Tenant by Landlord within thirty days from the date of termination of the Lease . 5. Use of Premises. : e:.rrtt Play !Ise 11,e Prc .iscs ^r its intended purpose, which is to construct, maintain, secure and operate a wireless telecommunications cell facility ("Communications Facility") an equipment enclosure, required antennas and antenna support structures (as such Communications Facility may be modified, added to or substituted from time to time). The Communications Facility, including all antennas and antenna support structures, may be configured as required by Tenant from time to time, provided that Tenant obtains all p approvals required by applicable jurisdictions for sue 85 11/191� •-� • ALAMTFL-02 KRRFMFR A� �* CERTIFICATE OF LIABILITY INSURANCE D03/012019AM l oa/oa/zols 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 endorsements). PRODUCER N%pcT Kristy Bremer Hub lDlBfna00nal Northwest LLC PHONE FA% --- 999 West Riverside Avenue, Suite 510 '.. IreC, No, Eel: (509) 319-2909 IAIC, No): _ Spokane, WA 99201 � DD RIEss: Kristy.Bremer@hubinternational.com ! _.. INSURERISI AFFORDING COVERAGE NAICIf INSURER A .American Zurich Insurance Company 40142 _ INSURED CA 0INSURER 8: American Guarantee & Liability Insurance Company 126247 16535_ Cj Alamon Inc. A-- ow� INSURER C:Zurich American Insurance Company __ 315 W. Idaho INSURER D: Kalispell, MT 59901 E - INSURERS: INSURER F: COVERAGES (`FRTIFICATF NI IMRFR• eeamm�u wweee. 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 --''-T_ADDL- -- PAID CLAIMS. ILTR", TYPE OF INSURANCE IINSD WVD POLICY NUMBER 0 WVD POLICY EFF /DD ._. POLICYE%P -- MMIDOr/YYY LIMITS A I X COMMERCIAL GENERAL LABILITY I EACH OCCURRENCE $ 1,000,006 CLAIMS -MADE X ! OCCUR X X GLA023005303 12I31I2018 12I31/2019 300,000 SES EREcwEnence $ X STOP GAP/EMPL LLIAB REM 10,000 MED E%P (Any one Gerson) ; $ PERSONALS ADV INJURY �$ 1,000,000 - 2,000,000 GENERAL AGGREGATE $ - -- GEN'L AGGREGATE LIMIT APPLIES PER: ��� gp- POLICY X] JEL'T LOD - . PRODUCTS-COMP/OPAGG I $ 2,000,000 OTHER: !STOP GAP '-$ 1,000,000 A AUTOMOBILE LIABILITY _ 1 COMBINEDSINGLELIMIT E $ 1,000,006 X ANY auto ___ X X GLA023005303 12/31I2018: - 12I3112019j BODILY INJURY tPer Gerson) I$ OWNED SCHEDULED - ' AUTOS ONLY AUTOS ^BODILY INJURY (Per=sdenU 1 s WNED _X__ AUTOS ONLY X AUTOONIV IPpOPER DAMAGE - _(Per acaU $ I S B UMBRELLA LAB X ( OCCUR EACH OCCURRENCE $ 10,000,000 X EXCESS LL1B "'. CLAIMS -MADE; AUC664394400 12/31/2018 I 1213112019: 10,000,000 I AGGREGATE S DED 1 X ; RETENTIONS 10,0001 C EMPLOYERS' X I AND LIABILIIT' ANY WCO23005403 - 12/3112016. PROPRIETORIPARTNERIEXECUTIVE YN"IN/A STATUTE FOR 12/3 7I2019 E.L. EACHACCIDENT $ OFFICER/MEEMBER EXCLUDED? i an ,myin H) .1,000,000 ' 1,000,000 If yes, desoBbe unm,r E.L. DISEASE - EA EMPLOYEE $ '- ---- DESCRIPTIONOFOPERATIONS balm F.L. DISEASE -POLICY LIMIT _$ 1,000,000 DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES ACORD101,A&IIUomTRemarks SebeEuN,me beaMcheEN more space isrequlmo) AS RESPECTS CELL TOWER SITE - STADIUM AREEMENT A-1999.205, TOWER SIVIE #411604 ADDITIONAL INSURED STATUS TO THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRENSENTATIVES WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PERFOMRED BY OR ON BEHALF OF THE NAME INSURED PER THE ACTUAL INSURANCE POLICY FORMS ATTACHED TO THIS INSURANCE CERTIFICATE. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY - APPLIES SEPARATELY TO EACH INSURED N - 30 DAYS NOTICE OF �Ei TION GIVEN TO THE CITY OF SANA ANA. �V f •1 SHOULD ANY OF THE ABOVE .D[SI5R@B�b"11OkiCIG,} CANCELLED BEFORE CITY OF SANTA ANA THE EXPIRATION DATATHEREOF '§jjC;3 __WILL BE DELIVERED IN PURCHASING DIVISION ACCORDANCE WITH THE POLICY PR@Yf>@I l 20 CIVIC CENTER PLAZA l SANTA ANA, CA 92701 AUTHORRED REPRESENTATIVES AUUKU 25(2U16/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLA0230053-03 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRENSENTATIVES WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormSTM 0 Additional Insured —Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'[. Prem Return Prem. GLA 0230053-03 12/31/2018 12/31/2019 35157000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:ALAMON INC. Address (including ZIP Code): 315 W IDAHO ST KALISPELL MT 59901-3942 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurren e" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advert' il(� njury", invol ad the rendering of or the failure to render any professional architectural, engineering or; ying service des Shy\rSPCG\;� Pw U-GL-1175-F CW (04113) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement ZURICHS Policy No. Eff. Date of Poi. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. G LA0230053 12/31 / 18 12/31 / 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment —Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: 1 . (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including day because of time off from work. .RArsquirea Decau r an s f� v9Pto $500 a U-CA424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto". less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" loss of use of a vehicle rented or hired without a driver under a written rental c€ will pay for loss of use expenses if caused by: ,,.4 . Ksible to pay for agreement. We U-CA424-F CW (04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its pennission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto" or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto'. b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph BA.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured'; and (b) Are in a covered "auto' at the time of "loss". r The most we will pay for such 'loss" to tapes, records, discs or other similar devices i00� The Ph Damage Coverage Deductible Provision does not apply to such "loss". e U-CA-424-F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized repress prompt no' e of the "accident", claim, "suit" or "loss". However, these duties only apply when the "ant", claim, " or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a ' bar (if you a limited liability company) or an executive officer or insurance manager (if you are a c I�j;>dration). Th #m of any U-CA-424-F CW (04-14) Page 4 of 6 Includes copyrighted material of Insurance services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto —World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including deaental an( resulting from any of these at any time. Mental anguish means any type of mental or emotio�mess or dise YAP' ot,`�G�?�� C U-CA-424-F CW (04-14) Page 5 of e Includes copyrighted material of Insurance services Once, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04-14) Page 6 of 6 Includes copyrighted material of Insurance services Office, Inc., with its permission. Commercial Umbrella Liability Policy ZURICH There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this policy the words "you' and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a named insured under this policy. The words "we", "us" and "our' refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold -face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appaa'r.. : In consideration of the payment of the premium and in reliance upon :& statemeiits:in the Declarations and in accordance with the provisions of this policy we agree with you to provide c6i.erage as folloWSi :. Insuring Agreements SECTION I. COVERAGE A. Coverage A - Excess Follow Form Liability Insurance Under Coverage A, we will pay on behalf of the insured those damages covered'gy t7)js insurance in excess of the total applicable limits of underlying insurance. With respect toCoVW;kge A, this policy includes: 1. The terms and conditions of underlying insurance to the extent su.ch:terms and conditions are not inconsistent or do not conflict with the terms and conditions referredilibin Patagrapli:2.:tielow; and 2. The terms and conditions that apply to Coverage 14 of this poky. Notwithstanding anything to the contrary contain®d above, if under[ying_fnsurance does not apply to damages, for reasons other than exhaustion of applicable U.iiits:of Insurance'by'payment of loss, then Coverage A does not apply to such damages. Also, Coverage A ddeik:dot apply to any form of casualty business crisis expense insurance even if such insurantg�is.af dfded under uri4erlying insurance or would have been afforded except for the exhaustion of the Underlying insurance. ..... ...... B. Coverage B - Umbrella *Liability Insurance:::::::. Under Coverage B;_.We will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of:liabll$yl::: 1. Imposed by law becaUS.: of bodily injury,::property damage, or personal and advertising injury; or 2. Assumed under an instirecd:contract because of bodily injury or property damage; covered by this insurance but drdy:if the:injury, damage or offense arises out of your business, takes place during the policy period of this policy and is 626Sed by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit speaied in Item 5. of the Declarations or the amount payable by other insurance, whichever is greater. Coverage B does not apply to any loss, claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTIOQNN 11. LIMITS OF INSURANCE. We have no obligation under Coverage A and/or Coverage B with respect to any settlement ma ithou sent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or p arty damag nor to the policy period, no designated insured knew that the bodily injury or property damag had occu Jw or in part. If such a designated insured knew, prior to the policy period, that the bodily injury or prope ccurred, then any continuation, change or resumption of such bodily injury or property damage durin e t olicy period will be deemed to have been known prior to the policy period. ,C) U-UMB-103-C CW(03110) Page 1 of 19 2. Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense, after making proper deductions for all recoveries and salvage. However: a. Under Coverage A: (1) Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance; and (2) Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B., loss does not include defense expenses and supplementary payments. 4. Other insurance means a policy of insurance providing cc insurance includes any type of self-insurance or other mechar of legal liabilities. Other insurance does not include underlying insurance or a excess of this policy providing coverage that this policy also pro S. Pollutants mean any man-made or naturally occurring solid, lir including but not limited to: smoke; vapor; soot; fumes; acids; materials to be recycled, reconditioned or reclaimed. 6. Suit means a civil proceeding in which injuries or damages4a whit includes: a. An arbitration proceeding in which such pursuant to law or contract or does submit b. Any other alternative dispute resolution pr insured submits with our consent. 7. Underlying insurance means the forming a part of this policy.:: UUeia Schedule of Underlvino.liisiiiaiicii: also provides. Other �d arranges for funding of insurance specifically;purchased to be ik.ws or thermal irataht or contaminant, >; cji (picals and waste. Waste includes this insuirande applies are alleged. Suit :andto which the insured must submit onsent; or in which such damages are claimed and to which the of insurance listed in the Schedule of Underlying Insurance r amounts in excess of the Limits of Insurance shown in the B. The following defrnitions:are applicable to CO.0 a A onl�i:" 1. Hostile fire mea9S one which becomes -66I ..Gntrollabie or breaks out from where it was intended to be. 2. Insured means::::::::: a. You; b. Any person or orgaiiiiation included as an insured in underlying insurance; and C. Any person or organizati.on:gtralifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. 3. Non -Admitted Jurisdiction means: a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction; or b. Any country or political subdivision where we are prevented by law from investigatin�.%Lding o ettling an occurrence or suit. eSye�� 4. Occurrence means a covered event as defined in underlying insurance. e�� �5 5. Qualified Entity means any entity, person or organization that is not an insuQred under �cw4'�1d would qualify as an insured under this policy, but for the fact that the entity is registered, d \cc�as ongoing operations in a non -admitted jurisdiction. U-UMB-103-C CW(03/10) Page 10 of 19 C. The duties and requirements imposed upon any insured under this policy will not apply to any non -admitted jurisdiction. However, with respect to any claims made or suits brought in a non -admitted jurisdiction, it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim orsuit, including: (1) Make such investigation, defense or settlement as we deem reasonable; (2) Obtain our approval for any payment; and (3) Effect approved payments to others, in accordance with the terms and conditions of this insurance. d. Under Coverage B, this policy does not apply to any liability, damage, loss, cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance, the first Named Insured will promptly reimburse the amount of any suchrecovery to us. 10. Legal Action Against Us There will be no right of action against us under this insurance unless: a. You have complied with all the terms of this policy; and b. The amount you owe has been determined by settlement withi6dr consent or tiji adtual trial and final judgment. This insurance does not give anyone the right to add us as a party in an actptl.against you to determine your liability. ............. 11. Maintenance of Underlying Insurance During the period of this policy, you agree: a. To keep the policies listed in the Schedule of;tlnderlying.tnsuranc.. in full force and effect; b. That the Limits of Insurance of the..po3icies listed iri::th.......... e..Sohedule of Underlying Insurance will be maintained except for any reduction dt'iakhaustion of liititits:tiy payment of claims or suits for damages covered by underlying insurance; C. The policies listed jfl:tlly:SGhiul@:of Underlying Insurance may not be canceled or not renewed by you without noti in us; and oii a i #'o notify fy g:. y g us:m:the event an insurance company cancels or declines to renew any policy listed in the SCt e::d' i' of Underljdiig Insurance; and d. Renewals.:bir replacements of the:0611cies listed in the Schedule of Underlying Insurance will not be materially:0.h:23iged without our agreement. If you fail to comply with these requirements, we will only be liable to the same extent that we would have been had you fully compliedwiththese requirements. 12. Miscellaneous Unintenik.&Errors iand Omissions Any unintentional error or oijj W6� in the description of, or failure to describe completely, any premises or operations intended to be covered by this policy, shall not invalidate or affect the coverage for those operations or premises. However, the insured must report such error or omission to the company as soon as practicable after its discovery. 13. Other Insurance If other insurance applies to damages that are also covered by this policy, this policy will,a{�ply excess o the other insurance. However, this provision will not apply: e�\�� a. If the other insurance is written to be excess of this policy; or 0� b. With respect to Coverage A only, if the named insured has agreed in a w contract cj grance to apply prior to and be non-contributory with that of another person or organization' �Ibut only as respects damages arising out of insured operations or work on behalf of the na d�f performed under such written contract. The limits available to the other person or organ iza yvl�ll �,�e lesser of the policy limits or the minimum limits required by such written contract. In that se, gip' a rance of that person or organization will apply as excess and not contribute prior to the uranc orded by this policy. U-UMB-103-C CW (03/10) Page 17 of 19 Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. 14. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 15. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies: a. As if each named insured were the only named insured; and b. Separately to each insured against whom claim is made or suit is brought. 16. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations in any country, jurisdiction, state or province where this policy is issued are amended.t6::conform to such statutes, laws, ordinances or regulations. If we are prevented by law or statute from paying V.0 Whalf of the insured, then we will, where permitted by law or statute, indemnify the insured. 17. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment W-b:have made urii.6.Kthis:insurance, those rights are transferred to us. The insured must do nothing after ho.:I[oss to impair'tRtem. At our request, the insured will bring suit or transfer those rights to us and help us ii i# ce them. However, if any insured is required by a written contract or agreement vufi6ch is ekecuted before a loss to waive their rights of recovery from others, we agree tawaive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect:6 any 0ihor operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the: iiiiierse'order'6fJb6yment of loss to the extent of actual payment. The expenses of all such recovery': proceedibgs will:b'e'"apportioned in the ratio of respective recoveries. 18. Transfer of Your Rights and Duties .. ........ Your rights and duties underthf*insurance may:iiot be transferred without our written consent. If you die, then your rights and duties will: tie tfMi ifff§; tto your 'I61*.representative, but only while acting within the scope of duties as your legal::tepresentative:::"U.ttil.your legal:representative is appointed, anyone having temporary ........ .... custody of your property will have your*rights. and duties but only with respect to that property. 19. When Loss is:P4able Coverage uhder ttiis.0olicy will not apply:iihtil the insured, or the insured's underlying insurer has paid or is legally obligated to'payihe full amount ofthe Underlying Limits of Insurance or Retained Limit. When the amount of W44:`s:detenninlid by an agreed settlement or on a final judgment against an insured obtained after an actual trial;:ive will:promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. Th®fiist Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. 20. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be null and void. B. The following Condition is applicable to Coverage A and Coverage B: Notice of Occurrence, Claim or Suit a. You must see to it that we are notified as soon as practicable of an damages covered by this policy. To the extent possible, notice will include: (1) How, when and where the occurrence took place; In, U-UMB-103-C CW(03/10) Page 18 of 19 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 INSURED: ALAMON TELCO #WCO230054 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description ALL CA OPERATIONS Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 INSURED: ALAMON TELCO #WCO230054 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. a` (The information below is required only when this endorsement is issued subsequent to preparation of the pollcy.) Endorsement Effective Policy No. - Endorsement No. \e�,ei 1 ^ 11• Insured Premium Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) Q�G Copyright 1983 National Council on Compensation Insurance WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B INSURED: ALAMON TELCO #WCO230054 (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization (0) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCL WC 420304E (Ed. 6-14) O Copyright 2g14 National Council on Compensation insurance, Inc. All Rights Reserved. Q�G WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 43 03 05 INSURED: ALAMON TELCO #WCO230054 (Ed. 7-00) UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. az� GI S(�N . WC 43 03 05 (Ed. 7-00) Q�G� 0 2000 National Council on corns nsailon Insurance, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INSURED: ALAMON TELCO #WCO230054 WC 47 03 02 (Ed. 7.06) WEST VIRGINIA WORKERS COMPENSATION INSURANCE RECOVERY FROM OTHERS ENDORSEMENT Part One —Workers Compensation Insurance, G.—Recovery From Others, is replaced by the following: We have your rights to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. WC 47 03 02 (Ed. 7-06) 0 Copyright 200E National Council on Compensailon Insurance, Inc. All Rights Reserved. configuration. Improvement of the Premises and Easement, including all costs of installation, operation and maintenance of the Communications Facility, to meet Tenant's needs shall be at Tenant's sole expense. In exercising the rights conferred by the Lease, Tenant shall maintain the Premises in a neat, clean, sanitary and safe condition and must use reasonable care and may not unreasonably increase the burden on the Property. Tenant agrees that the installation and maintenance of a Communications Facility on the Property of the Landlord on which they are installed shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Additionally, the Communication Facility shall be maintained in a manner that is consistent with the approved plans for the project and Tenant shall comply with all conditions and requirements from the Development Review Committee of the City of Santa Ana for this development project (DP No. 99-0656). In the event that maintenance is required, such as but not limited to the replacement of missing branches or the repainting of the facility, such maintenance must be completed within 14 working days. Landlord shall not be held responsible for loss of or damage to Tenant's Improvements on the Property. Tenant's ability to use the Premises is dependent upon Tenant's obtaining all of the certificates, permits and other approvals which may be required from any federal, state or local authority and any non -disturbance agreements and access rights which Tenant requires from any third parties (collectively, "Approvals"). Landlord shall cooperate with Tenant from time to time, but at no expense to Landlord, in its efforts to obtain the Approvals as may be required for the Premises as initially configured or as subsequently modified, and, except for the provisions contained herein, Landlord shall take no action which will adversely affect the status of the Premises with respect to Tenant's proposed uses. Tenant may not use the Premises or Property for any other purpose or business, other than its intended purpose as hereinabove stated, without obtaining the Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 6. Termination. If any application by Tenant for any Approval is finally denied or rejected, or if any Approval is canceled, expires, lapses or is otherwise withdrawn or terminated, or if, due to technological changes or for any other reason, Tenant, in its sole discretion, determines that it will be unable to use the Premises for Tenant's intended purposes, then Tenant shall have the right to immediately terminate this Lease. Tenant shall notify Landlord, in writin,of Tenant's exercise of its right to terminate this Lease, and this Lease shall terminate after all Improvements to the Property and Premises have been removed and the Property and Premises have been restored to its original condition, excepting normal wear and tear, provided however, Tenant shall have only 60 days from the date of written notification of its decision to exercise its termination rights, to removal all such Improvements and restore the Property and Premises to its original condition. Termination shall relieve both parties of any further obligations under this Lease, although each shall continue to have its remedies for any breach of a lease obligation which occurred prior to the date of termination. The parties agree that Paragraphs 7, 8, 9 and 10 shall continue to apply until Tenant has completed its removal of personal property and fixtures and restoration of the Premises. No refund for cost of Improvements will be due to Tenant by Landlord at any time. 7. Insurance. Tenant shall provide Landlord satisfactory evidence of personal property insurance in an amount sufficient to fully protect all personal property owned or controlled by Tenant from theft, fire, or other loss or damage while upon the Premises. Tenant shall also maintain commercial general liability insurance with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall: (i) name the City of Santa Ana, its officers, agents, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the Landlord, and (3) contain standard separation of insureds provisions. Tenant shall: (i) furnish properly executed certificates of insurance to the Landlord prior to exercising its rights under this Lease, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed or tenminated except on 30 days prior written notice to the Landlord; (b) attach a completed and signecl copy an "Additional Insured Endorsement" form to the certificates of insurance noted above; (c) maintain such insurance from the time the project first commences until completion of the project under this Lease ; and (d) replace such certificates for policies expiring prior to the termination of this Lease. 8. Release/Waivers. Tenant waives all claims against Landlord, its officers, agents, employees and volunteers for any injury or death to any person, damage to any property, or loss of use of any property or loss to Tenant's business caused by or from Tenant's use, maintenance or occupancy of the Premises, or by or from any rights conferred under this Lease to Tenant, excepting the willful misconduct or sole negligence of Landlord, its officers, agents, employees and volunteers. All policies of insurance obtained by either party pursuant to Paragraph 7 of this Lease shall waive the insurer's rights of subrogation against the other party. 9. Utilities. Tenant shall be responsible directly to the serving entities for all utilities required by Tenant for its use of the Premises. Tenant will install an electric meter and the cost of electricity used by Tenant shall be paid by Tenant directly to Southern California Edison. 10. Indemnities. Tenant agrees to indemnify, defend (with counsel satisfactory to Landlord) and hold harmless Landlord, its officers, agents, employees and volunteers from and against any and all claims (including any radio frequency and electromagnetic fields radiation related claims), losses, liabilities, costs, expenses, loss of or damage to property and for injuries to or death of any person when arising out of or, in any way, resulting from: (i) the use of the Premises and Easement by Tenant or its agents; (ii) any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of the Lease; or (iii) any occurrence in, upon, or at the Premises and Easement or on account of the use, condition or occupancy of the Premises and Easement, excepting willful misconduct or sole negligence of Landlord, its officers, agents, employees and volunteers. The obligations of Section 10 of this Lease shall survive the termination of this Lease with respect to any damage, injury or death occurring prior to termination or expiration of this License. 11. Tenant Defaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" by Tenant: (a) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant, as and when due, where such failure shall continue for a period of 10 days after written notice is received by Tenant from Landlord. (b) The failure by Tenant to observe or perform any of the covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in Paragraph I I(a), where such failure shall continue for a period of 30 days after written notice is received by Tenant from Landlord; provided, however, that it shall not be deemed an Event of Default by Tenant if Tenant shall commence to cure such failure within said 30 day period and thereafter diligently prosecutes such cure to completion. 12. Notices. All notices must be in writing and, unless otherwise provided, shall be deemed validly given if sent by 250 9Fa1 rent -2- Page 86 0 • certified mail, return receipt requested, to the address indicated below the parties' signatures (or to any other mailing address which the party to be notified may designate to the other party by such notice). If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County, or city holidays shall be excluded. 13. Hazardous Substances. Landlord warrants and agrees that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within Landlord's Property in violation of any law or regulation. Landlord and Tenant each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within Landlord's Property in violation of any law or regulation. Landlord and Tenant each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable atiomeys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 14. Enioyment/Non-Interference. Landlord warrants and agrees that Tenant, upon paying the rent and performing the covenants of this Lease, shall enjoy the rights set forth in this Lease. Landlord shall not cause or permit any use of the Landlord's Property which interferes with or impairs the quality of the communications services being rendered by Tenant from the Premises, provided, however, that Landlord shall have the unilateral right and privilege to (a) undertake all normal items and operations associated with the current use of the Property, such as, high powered electric lights, food service, laundry service, and (b) arrange for the televising of any public event to be held at the Property. quasi-govemmental authority. All such compliance shall be accomplished at Landlord's sole cost and expense. (c) The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall never be construed either for or against either party. This Lease shall be governed by and construed in accordance with the laws of the State of California. (d) If either party institutes any action or proceeding in court to enforce any provision of this Lease, or any action for damages for any alleged breach of any provision of this Lease, then the prevailing party in the action or proceeding shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. (e) Each party to this Lease represents and warrants that it has full authority to execute this Lease and to bind its respective parties to the Lease. (f) At Tenant's request, Landlord shall use its best efforts to secure commercially reasonable non -disturbance agreement(s) from lenders and ground lessors who hold a security interest or ownership interest in Landlord's Property. (g) Preparation of this Lease by Tenant or Tenant's agent and submission of this Lease to Landlord shall not be deemed an offer to Landlord to lease. This Lease shall become binding upon Landlord and Tenant only when fully executed by both parties. 16. Tenant's Access Limitation. Tenant agrees that its access to the Premises as described in Paragraph 1 herein above, shall limited by when the Premises is being used for a public event, and the 4 hours before and after any such event. However, when feasible, Tenant shall be given written notification from the Landlord seven (7) days prior to any such public event is to taking place. Tenant will obey all procedures set by Landlord regarding notification before visiting, checking in on -site, parking, gates, etc. 15. Miscellaneous. 17. Notification Requirement. Tenant agrees to provide 24 hours notice to the Executive Director of the Parks, Recreation and (a) This Lease, including attached exhibits, incorporates Community Services Agency of the City of Santa Ana before any all agreements and understandings between Landlord installation, maintenance, replacement or repair is to take place and Tenant, and no verbal agreements or pursuant to Paragraph 1 herein above. understandings shall be binding upon either Landlord or Tenant, and any addition, variation or modification 18. Remedies. If an Event of Default occurs by Tenant, to this Lease shall be ineffective unless made in Landlord shall have, in addition to any other remedies available at writing and signed by the parties. No amendment law or in equity, any one or more of the following remedies at hereto shall be effective unless set forth in writing and Landlord's election: executed by Landlord and Tenant. Additionally, any amendments to this Lease must be submitted to the (a) By written notice to Tenant, Landlord may Planning Division of the City of Santa Ana for review. terminate this Lease and declare this Lease All exhibits referenced herein and attached to the ended, in which event this Lease shall Lease shall be incorporated by reference as if fully set terminate, Tenant shall immediately surrender forth in the Lease. the Premises to Landlord in good order and repair to the satisfaction of the Landlord, and (b) Landlord warrants and agrees that Landlord's Property Landlord shall have the right to recover from (including, without limitation, the Premises), and all Tenant (i) the worth at the time of the award of improvements comply and during the term of this the unpaid rent and all additional rent and other Lease shall continue to comply with a]I building, amounts and charges payable by Tenant that life/safety, disability and other laws, codes and had been earned at the time of termination of regulations of any governmental or this Lease; (ii) the worth at the time of the 203289/annual rent -3 25mFm Page 87 C� is award of the amount by which the unpaid rent and all additional rent and oth<_�r charges payable by Tenant hereunder which would have been earned after termination of this Lease until the time of the award exceeds the amount of such loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award of the amount by which the unpaid rent and all additional rent and other charges payable. by Tenant hereunder which would have been paid for the balance of the tern of this Lease after the time of award exceeds the amount of such loss that Tenant proves could have reasonably been avoided; and (iv) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default. The "worth at the time of the award" as used in clauses (i) and (ii) of this subparagraph (a) is to be computed by allowing interest on unpaid amounts at the maximum legal rate. The "worth at the time of the award", as used in clause (iii) of this subparagraph (a), is to be computed at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%). (b) Landlord may, pursuant to California Civil Code Section 1951.4, maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned and vacated the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies hereunder, including the right to recover rent, additional rent, and all other amounts payable hereunder as they become due (c) In an Event of Default by Tenant occurs, Landlord shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the Premises and/or remove persons or property from the Premises. 19. Compliance With Laws. Tenant agrees that any improvements constructed by Tenant on the Premises and Easement and the Property and all of Tenant's operations within the Premises and Easement and the Property shall be in compliance with all applicable laws, codes and regulations. 20. Assignment and Subletting. Tenant has an exclusive right to the Premises, provided however, Landlord shall have the right to use the Premise for incidental ("City Business"), including but not limited to: minor landscaping, minor maintenance, and minor construction proximately located near the Premises, so long as the City Business does not unreasonably interfere with or impair the operation of Tenant's Communication Facility. Landlord agrees that prior to conducting any such City Business, it shall obtain Tenant's prior written consent which shall not be unreasonably withheld, conditioned, or delayed. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease all or any part of the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior written consent, any attempt to assign or sublet any rights or benefits under this Lease to a third party shall be null and void. However, Tenant shall not require Landlord's consent in order to assign this Lease, or to sublease all or any portion of the Premises, to Tenant's general partner, AirTouch Cellular, or to any "affiliate" of Aiffouch Cellular, or to any partnership in which AirTouch Cellular or any "affiliate" of AirTouch Cellular participates. An "affiliate" of AirTouch Cellular shall mean any entity which controls, is controlled by, or is under common control with AirTouch Cellular. 21. Taxes. Landlord shall pay all real property taxes assessed against the Landlord's Property. Tenant shall pay all personal property taxes assessed against its equipment and all increases in Landlord's real property taxes or assessments directly attributable to installation of Tenant's equipment or Tenant's use of the Premises or Easeme;,_. 22. Compelled Termination. If, during the Lease Term, there is a determination made pursuant to an official unappealable order of a county, state or national governmental health agency having proper jurisdiction that Tenant's use of the Premises poses a human health hazard which cannot be remediated, then (i) Tenant shall immediately cease all operations on the Premises, and (ii) this Lease shall terminate as of the date of such order. 23. _Landlords Approval of Architectural and Engineering Drawings: Prior to commencement of any construction, alterations, modifications, or improvements, Tenant agrees to submit architectural and engineering drawings ofthe equipment ("Plans") to be installed, to the Landlord for its approval which shall not be unreasonably withheld, conditioned, or delayed. Landlord will have a reasonable amount of time upon its receipt of the Plans to disapprove them in writing. Landlord shall not be entitled to receive any additional consideration in exchange for giving its approval of Tenant's Plans. 24. Relocation Right. (a) Within the first five (5) years of the Term, Landlord shall have the one-time right, upon development of Landlord's Property for commercial purposes, to relocate Tenant's Communications Facility and any necessary utilities , at Tenant's sole cost and expense, to alternate space within Landlord's Property. Additionally, within the second five (5) years of the Term, Landlord shall have the right to relocate Tenant's Communications Facility and any necessary utilities, at Landlord's sole cost and expense, to alternate space within the Landlord's Property. Provided, however, that all such relocation shall (1) be performed exclusively by Tenant or its agents, (2) not result in any interruption of the communications service provided by Tenant on Landlord's Property, (3) not impair, or in any manner alter, the quality of communications service provided by Tenant on and from Landlord's Property, and (4) be done in accordance with the terms and conditions contained in subparagraphs (b) and (c) below. Upon relocation of Tenant's Communications Facility, Tenant's utility cables, conduits and pipes shall be relocated as required, in Tenant's sole discretion, to operate and maintain Tenant's Communications Facility. (b) Landlord shall exercise its relocation right by (and only by) delivering written notice (the "Notice") to Tenant. In the Notice, Landlord 25OF a1 rent 4- Page 88 0 • shall propose an alternate site within or on Landlord's Property to which Tenant may relocate its Communications Facility. Tenant shall have sixty (60) days from the date it receives the Notice to evaluate Landlord's proposed relocation site, during which period Tenant shall have the right to conduct tests to determinc the technological feasibility of the proposed relocation site. If Tenant fails to approve of such proposed relocation site in writing within said sixty-day period, which approval shall not be unreasonably withheld, conditioned or delayed, the Tenant shall be deemed to have disapproved such proposed relocation site. If Tenant disapproves such relocation site, then Landlord may thereafter propose another relocation site by Notice to Tenant in the manner set forth above. Tenant shall cooperate, in good faith, with Landlord for the approval of a relocation site. Any relocation site which Landlord and Tenant agree upon in writing shall be referred to as the "Relocation Site". Tenant shall have a period of not less than 6 months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate (at Tenant's expense during the first five (5) years of the Term, and at Landlord's expense during the second five (5) years of the Tenn) its Communications Facility to the Relocation Site. (c) Upon relocation of Tenant's Communications Facility to the Relocation Site all references to the Premises herein shall be deemed to be references to the Relocation Site. 203289/annual rent -5 89 Page 25mFm The parties have duly executed this Lease as of the Effective Date. LANDLORD: City of Santa A a charter city and municipal corpo noft � Calif �a n1 ATTEST: Name: Janice C. Guy Title: Clerk of the Council APPROVED AS TO FORM By Name: J seph Fletcher Title: City Attorney APPROVED AS TO CONTENT: By: Nam : David N. Ream Title: City Manager RE COM ED FOR APPROVAL: By: ` Name: C eve Williams Title: Executive Director —Parks, Recreation and Community Services Agency NOTICE ADDRESS CITY OF SANTA ANA Executive Director Parks, Recreation and Community Services Agency 20 Civic Center Plaza P.O. Box 1988 M-23 Santa Ana, California 92702 TENANT: LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership By: AirTouch Cellular, a California corporation, its General Partner By: _C5� �22illge'f�?C%IFi���Xr x���c ftevvee Pieersson, Vice President, Engineer- ing & Operations, Sierra Pacific Region NOTICE ADDRESS: LOS ANGELES SMSA LIMITED PARTNERSHIP c/o AirTouch Cellular 3 Park Plaza Irvine, California 92614 Attn: Supervisor, Property Management (949)222-7612 With a copy to: AirTouch Cellular P.O. Box 19707 Irvine, California 92623-9707 Attn: Legal Dept. (949)222-7009 2528 Fa1 rent -6- Page 90 CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT • State of California County of Orange On before me, Patricia E. Healy, Clerk of the Council DATIT NAME, TITLE personally appeared Miguel A. Pulido NAME(S) OF SIGNER(S) ❑ 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 person(s) acted, executed the instrument. V JTNESS my hand and official seal. SIGNATURE OF CLERK OF THE COUNCIL 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On March 9, 2000 before me, Maria Ruano, Deputy Clerk of the Council DATE NAME, TITLE personally appeared Patricia E. Healy, , NAMES) OF SIGNER(S) EY'p'-ersonally 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 r,• ,� authorized ca aci p ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the t entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF DEPUTY CLERK OF THE COUNCIL • • NOTARIAL ACKNOWLEDGMENTS TO LEASE AGREEMENT STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 2 • z8 Zoao ,.before me, Mav_y /Lf. AJo�avy personally appeared st't"-2 Pevsow and 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 person(s) acted, executed the instrument. WITNESS my hand and official seal. MARY M. HOLLAND t Commission # 1119894 Z (SEAL) z Notary Public - California y Orange County My Comm Ex*s Dec 15, 2000 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , before me, A � Nota�ic and for said State personally appeared and 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 person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State (SEAL) • 0 EXHIBIT°A-I° Page 1 of 4 Legal Description of Landlord's Property Parcel 1: All that portion of the land allotted to Julian Chaves, in the City of Santa Ana, County of Orange, State of California, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, in the City of Santa Ana, County of Orange, State of California, which was entered September 12, 1868 in Book "B", Page 410 of Judgements of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Beginning at a point on the centerline of Eighth Street (now Civic Center Drive, said point being 50 feet Westerly from the intersection of the extended centerline of Flower Street, as said street exists Northerly from Eighth Street with the centerline of Eighth Street; thence Southerly and parallel to a straight line drawn between a point on the centerline of Eighth Street, said point being 10 feet Westerly from the extended centerline of said Flower Street, to a point on the centerline of Sixth Street, said point being distant 309.60 feet Westerly from the intersection of the centerline of Garnsey Street extended Northerly as shown on a map of Ross Addition to Santa Ana, recorded in Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California with the centerline of Sixth Street to an intersection with a line drawn parallel to and distant 330 feet Southerly from the centerline of Eighth Street, said line being the Southerly line of that certain parcel of land conveyed by Bertha Sackman to John William Sackman by deed recorded in Book 227, Page 300 of Deeds, records of Orange County, California; thence Westerly along said last mentioned line to an intersection with the centerline of Olive Street, as said Olive Street existed prior to 1933; thence Northerly along the centerline of Olive Street, to an intersection with the centerline of Eighth Street; thence Easterly along the centerline of Eighth Street to the point of beginning. Parcel 2: All that portion of the land allotted to Julian Chaves, in the City of Santa Ana, County of Orange, State of California, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B", Page 4 10 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Beginning at the point of intersection of the centerline of Sixth Street with the centerline of Flower Street, as shown on a map of Ross Addition to Santa Ana, recorded in Book 3, Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California; thence Northerly on the West line of Block B of the Chilton Tract, as shown on a map recorded in Book 34,Page 93 Miscellaneous Records of Los Angeles County, California, 5.10 chains to the Northerly line of land conveyed by Jacob Ross to Alexander T. Oliver by deed recorded March 12, 1877 in Book 52, Page 383 records of Los Angeles County. California; thence Westerly along said North line 5.41 chains, more or less, to the centerline of Olive Street, as said Olive Street existed prior to 1933; thence Southerly along said centerline 5.10 chains to the centerline of Sixth Street; thence East along the centerline of Sixth Street to the point of beginning. 203289/annual rent 25mFm Page 91 Exhibit "A-1" Page 2 of 4 Parcel 3: Ail that portion of the land allotted to Julian Chaves, in the City of Santa Ana, County of Orange, State of California, as described in the. Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Commencing at a point in the centerline of Olive Street, said point being 23.57 chains West from the Northeast corner of said land allotted to Julian Chaves; running thence South 545.70 feet to a point 25 feet South of the extended North line of Block B of Groudard's Addition to the Town of Santa Aha, as shown on a map recorded in Book 23, Page 38 of Miscellaneous Records of Los Angeles County, California; thence West parallel to the North line of Sixth Street 173.76 feet more or less, to a point 400 feet East of the West line of Block B of said Groudard's Addition; thence North 25 feet to the North line of Block B of said Groudard's Addition; thence West 250 feet to a point 150 feet East of the Northwest corner of Lot 11 in Block B of said Groudard's Addition; thence North 34 feet; thence West 371.50 feet to the Southwest corner of the 2 1/2 acre tract conveyed to Lottie J. Groudard by deed recorded May 29, 1915 in Book 241, Page 293 of Deeds, records of Orange County, California; thence North 488.65 feet to Northwest corner of said 2 1/2 acre tract; thence East 795 feet to the point of beginning. Parcel 4: All that portion of the land allotted to Julian Chares, in the City of Santa Ana, County of Orange, State of California, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: The Northerly 336.65 feet of that certain Parcel I of land described as follows: Beginning 11.87 chains West of the center of Olive and Fifth Streets in the Ross Addition to Santa Ana, as shown on a map recorded in Book 3,Pages 534 and 535 of Miscellaneous Records of Los Angeles County, California; thence North 15.17 chains; thence West 4 chains; thence South 15.17 chains; thence East 4 chains to the point of beginning. Parcel 5: All that portion of the land allotted to Julian Chares, in the City of Santa Ana, County of Orange, State of California, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Beginning at the Northeast corner of Constantine's Addition to the Town of Santa Ana, as shown on a map recorded in Book 23, Page 32 of Miscellaneous Records of Los Angeles County, California; thence North 154.83 feet, more or less, to a point in the East line of and distant 336.65 feet Southerly from the Northeast corner of that certain parcel of land described as follows: • Exhibit "A-1" Page 3 of 4 0 "Beginning 11.87 chains West of the center of Olive and Fifth Streets in Ross Addition to Santa Ana, as shown on a map recorded in Book 3, Pages 534 to 535 of Miscellaneous Records of Los Angeles County, California; thence North 15.17 chains; thence West 4 chains; thence South 15.17 chains; thence East 4 chains to the point of beginning." Thence Westerly along a line drawn parallel to and distant 336.65 feet Southerly from the North line of that certain parcel of land last described above to its intersection with the West line of said parcel last described above; thence Southerly along the West line of said Parcel 155.07 feet, more or less, to its intersection with the Westerly prolongation of the Northerly line of said Constantine's Addition to the Town of Santa Ana; thence East in a direct line to the point of beginning. Parcel 6: . Lots 11, 12, 13, 14 and 15 of Constantine's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 23, Page 32 of Miscellaneous Records of Los Angeles County, California, together with the following: Beginning at the Southwest corner of Lot 15 of said Constantine's Addition to the Town of Santa Ana; thence West to a point 17.80 feet East from the Southeast corner of Lot 27 of McFadden - Wilson Addition to Santa Aha, as shown on a map recorded in Book 28, Page 9 of Miscellaneous Records of Los Angeles County, California; thence North along a line drawn parallel with the East line of said Lot 27 and the Northerly prolongation thereof to its point of intersection with the Westerly prolongation of the Northerly line of said Constantine's Addition to the Town of Santa Ana; thence East in a direct line to the Northwest corner of Lot 15 of said Constantine's Addition to the Town of Santa Ana; thence South in a direct line to the point of beginning. Parcel 7: Lots 9, 10, 11 and 12 of Gildmacher's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 23, Page 37 of Miscellaneous Records of Los Angeles County, California. Parcel 8: Lots I through 11 inclusive in Block B of Groudard's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 23, Page 38 of Miscellaneous Records of Los Angeles County, California; together with the following: Beginning at a point in the Southerly line of Lot 1 in Block B of said Groudard's Addition to the Town of Santa Ana, distant 15.89 feet East from the Southwest corner of said Lot 1; thence East along the Southerly line of said Lot 1 and the Easterly prolongation thereof 46 feet to a point on the West line of Olive Street and the TRUE POINT OF BEGINNING hereof; thence North, parallel with the East line of said Lot 1, 100 feet to a point distant 25 feet Southerly from the Easterly prolongation of the North line of Block B of said Groudard's Addition to the Town of Santa Ana; thence West parallel with the South line of said Lot 1 and the Easterly prolongation thereof to the East line of said Lot 1; thence South 100 feet along said East line to said Southerly line of said lot; 203299/annual rent 25Y, Page 93 • Exhibit "A-1" Page 4 of 4 • thence East in a direct line to the TRUE POINT OF BEGINNING. Excepting therefrom that portion of Lots 1, 2 and 3 described in the deed to the City of Santa Ana, a municipal corporation, recorded January 13, 1933 in Book 593, Page 252 of Official Records. Parcel 9: All that portion of the land allotted to Julian Chaves, in the City of Santa Ana, County of Orange, State of California, as described in the Final Order of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 186B in Book "B", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California described as follows: Beginning at the Southwest corner of Lot 11 in Block B of Groudard's Addition to the Town of Santa Ana, as shown on a map recorded in Book 23, Page 38 of Miscellaneous Records of Los Angeles County, California; thence North along the West line of said lot, 125 feet to the TRUE POINT OF BEGINNING; thence continuing North 34 feet along the Northerly prolongation of the West line of said lot; thence East parallel with the North line of Block B of said Groudard's Addition 150 feet; thence South parallel with the prolongation of the West line of said Lot 11, 34 feet to a point on the North line of said Block B; thence West along the North line of said Block B, 160 feet to the TRUE POINT OF BEGINNING. Parcel 10: That portion of Olive Street in the City of Santa Ana, County of Orange, State of California, bounded on the South by Sixth Street; bounded on the West by that certain land described in the deed to the City of Santa Ana recorded May 10, 1934 in Book 672, Page 350 of Official Records; bounded on the North by that certain land described in the deed recorded January 13, 1933 in Book 593, Page 252 of Official Records; and bounded on the East by that certain land described in the deed to the City of Santa Ana, recorded May 5, 1910 in Book 171, Page 260 of Deeds. 25N Fil rent NOV-10-08 04;22PM FROM-WHALEN At'. *ANY INC 3107837477 • cm \- ---- ------------- f a r p ..... ... . . oil �• ... , . ] 0 .. y •° 1 �If R 7f R' A ' .r 1 m � cou"Hom / SA sTAPWH �"''m "lim ""� o � Cellular CD RJR KAK smm AIRT@ucu- YI LDIWI MIN rar ter. ram- -A- r&amow �.a ., T-077 P.02/03 F-1 ^92 a x �m N� y N ------------------------------ ; w .F. +NOV-19-99 03:53PM FROM-WHALEN A` ISNY INC 3107637477 ' f i 0 i ! I i I ! I AVOUCH LEASE--- ! PREMISES TOTALING 798_59 S.F. i a ! NEW 24" BOX PINE TREES i TO OE FIEF LOCATED OuT OF PATH OF ANTENNAS ! (TYPICAL OF 3) --\ r- —'sl—, flmlwltb;,�- — 1472`02 f I Page 96 T-990 P,02/02 F-054 II �j i -7 7 -- -- = =: �, ) .1-.st AIRTOUCH NON-EXCLUSNE UNDERGROUND FASFMENT Mum 'A-2' 2OF2