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HomeMy WebLinkAboutNCWPCS MPL 30 - YEAR SITES TOWER HOLDINGS LLC (CCATT LLC)INSURANCL ON FILE A-2025-027 WORK MAY PROCEED UNTIL INSURnNCE EXPIRES CITY CLER DATE: MAY 3 0 20SROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND b:FAc�J 161 N(pmC1.14) NCWPCS MPL 30 — YEAR SITES TOWER HOLDINGS LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT SANTA ANA STADIUM This Ground License Agreement ("Agreement") made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as "LICENSOR" and NCWPCS MPL 30 — YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact, hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties." A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement. PROPERTY. LICENSOR is the owner of that certain real property located at 951 W 6s' Street, Santa Ana, CA 92703, commonly known as Santa Ana Stadium (the entirety of LICENSOR's property is referred to hereinafter as the "Property" and a legal description of the Property is attached hereto as Exhibit A). 2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 845344 and being described as approximately nine hundred twenty-three (923) square feet for LICENSEE's wireless telecommunications facilities as defined in Section 11 of this Agreement, which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only). The licensed area of the Property, referred to hereinafter as the "Premises," is substantially described in Exhibit C attached hereto and incorporated fully. 3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below), this Agreement shall replace and supersede any prior lease agreement or license agreement (the "Original Agreement") between the Parties. 4. TERM. The Effective Date of this Agreement shall be April 1, 2025, and shall remain in effect for a period of ten (10) years (the "Initial Term"). 5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a "Renewal Term") (the Initial Term and each Renewal Term are collectively referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows: Page 1 of 67 A. If LICENSOR, in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in conformity with LICENSOR's intended use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term. B. Thereafter, each subsequent renewal shall be subject to the following procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then -current term. Within sixty (60) days of receipt of LICENSEE's notice, LICENSOR shall determine whether such extension is in LICENSOR's best interest and, if not in LICENSOR's best interest, LICENSOR may deny such extension request, at its sole discretion. C. In the absence of a Renewal Term, the Agreement shall continue on a month -to - month basis. The License Fee for these month -to -month periods will be the amount of the last month Renewal Term License Fee plus four percent (4.0%), and subject to a Holding Over Fee as described in Section 6 below. 6. HOLDING OVER. Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent (18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase. 7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requiring approval including assignments and sublicenses, including colocations, require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement. 8. LICENSE FEE, S. A. The License Fee for the first year shall be an annual amount of Twenty -Eight Thousand, Eight Hundred and 00/100 Dollars ($28,800.00) based on a monthly amount of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date. B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure Page 2 of 67 provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee. C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, including without limitation those by the City acting in its regulatory authority (collectively the "Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE's Facilities (described in Exhibit B), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. Page 3 of 67 11. USE/ MAINTENANCE. A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LICENSEE's Facilities") as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. All improvements shall be at LICENSEE's sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings ("Plans") and artistic renderings of the equipment to be installed. B. LICENSEE agrees that the installation and maintenance of LICENSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE's Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises. C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein. D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said services and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. E. LICENSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises Page 4 of 67 twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing "as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions. I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Page 5 of 67 Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Agreement. J. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods. K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to take all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE's period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. 12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises. 13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Page 6 of 67 Premises. 14. HAZARDOUS MATERIALS. A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved Mayl8- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit. C. LICENSEE acknowledges that (1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has Page 7 of 67 reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement. D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators, are allowed. E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub -surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods. F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all Hazardous Substances placed by LICENSEE on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE. LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property. LICENSEE shall not be responsible for or bear the cost of removal or disposal of Page 8 of 67 hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises. H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR's directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE's use of the Premises. I. Breach of any of the covenants, terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE's operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by LICENSEE during LICENSEE's period of use and possession of the Premises. Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances. 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E. 17. A. LICENSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Page 9 of 67 Agreement was fully executed ("Pre -Existing Communications"), or public safety communications operations, as may be upgraded periodically, and LICENSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE's use of the Premises or encroaches upon the Premises. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LICENSEE's consent may be withheld if interference with LICENSEE's transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions. In the event of any interference with LICENSOR's public safety communications operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE's Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference. If LICENSEE's Facilities interfere with LICENSOR's public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE's Facilities. LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR's public safety communications operations caused by LICENSEE's Facilities. 18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LICENSOR's sole option. 19.OUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Page 10 of 67 Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City -sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE's Facilities. 20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LICENSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LICENSOR's title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above. 21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22.OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. Page 11 of 67 B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement ("Tower License Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE's communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LICENSEE, if available at the Premises. 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. Page 12 of 67 26. ATTORNEY'S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR' S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement, to any of LICENSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LICENSEE's property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty (30) days prior to any assignment. No Administrative Fee is required for assignments between parties listed in (i-iii) above. 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for colocation on telecommunications tower facilities and will reasonably facilitate any colocation subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE. A. LICENSEE — COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction, with a future tower colocation user who wishes to collocate/sublease space on LICENSEE's tower, subject to: 1) LICENSOR shall receive fee of fifty percent (50%) of the Tower Rent, as defined below, received by LICENSEE (the "Additional License Fee"). a. LICENSEE is required to self -report to LICENSOR when their Tower Rent from any source increases. b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE's sublicensee rent obligations for the cellular tower ("Tower Rent") that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE's receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement. c. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty (60) days, or such business summary is not Page 13 of 67 satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have the right to: Upon reasonable notice, review LICENSEE's records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE; ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE's books and records related to the Tower Rent to verify the accuracy of the reported amounts. d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for information and access to records in connection with the verification of the Additional License Fee. 2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original LICENSEE Agreement. 4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below: Additional Space Required Amount due Licensor per Month Up to 100 ft, $400.00 100 to 200 ft2 $600.00 200 to 300 W $900.00 Over 300 ft $1,250.00 The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date of the Amendment to the Agreement. B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation non-refundable Page 14 of 67 additional payment shall be required. 29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows: LICENSOR: City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 With Copies To: Public Works Agency 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 LICENSEE: NCWPCS MPL 30 — Year Sites Tower Holdings LLC Legal Department Attn: Network Legal 208 S. Akard Street Dallas, TX 75202-4206 With Copies To: CCATT LLC Attn: Legal — Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, Page 15 of 67 successors, administrators and permitted assigns of the Parties hereto. 31. RELOCATION RIGHT. A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and re -installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter, the quality of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LICENSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE's Facilities. B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the "Notice") to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE's Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR's proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the "Relocation Site." LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site. Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Page 16 of 67 32. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than sixty (60) days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use. 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. Page 17 of 67 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TERMINATION. A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE's operations that LICENSEE's use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non -appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days' notice to LICENSEE. B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if (i) LICENSEE does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "Approvals") reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above. C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR. 39. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn. Page 18 of 67 B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows] Page 19 of 67 SIGNATURE PAGE FOR GROUND LICENSE. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NCWPCS MPL 30— YEAR SITES TOWER HOLDINGS LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT SANTA ANA STADIUM IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: conifer L. Iall MF r. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Digitally signed by Sa Nabil Sabaoaei: 20025.03.03 17:15:27-03'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Minh Thai Assistant City Manager LICENSEE NCWPCS MPL 36 — Year Sites Tower Holdings LLC, a Delaware limited liability company By: CCATT LLC, a Delaware limited liability company Its Attorney In Fact Page 20 of 67 EXHIBIT A Legal Description of the Property GILDMACHERS ADD LOT 9 AND LOTS 10 TO 12 INC AND CONSTANTINES ADD LOTS I I TO 15 INC -INC ALLEY ADJ-AND GROUARDS ADD ALL LOT i -INC POR ST ADJ- AND LOTS 2 TO 11 INC AND IRREG LOT IN SEC 12 T 5 R 10 TR 291 Page 21 of 67 EXHIBIT B Original Agreement 00 *0 STADI UM LF,ASE BETWEEN THE CITY OF SANTA ANA AND AB CELLULAR DOMING, LL/(AT&T) P v, ✓wM— /i& di "Landlord". City of Santa Ana, a charter oily and municipal corporation of the Seate of Califonda. "Tcnat". AB Cellular Holdutg, LLC a Delaware limited liability company, dba AT&T Wheless Services "Landlord's Property": The property as described in Exhibit "A-L" 1. Lotic, The Effective Date hereof shall be A&LLJj(f_� 2001. AS of such Effective Dino, Landlord leases a portion of Landlord's Property to Tenons, referred to in this Lease as the -Tremises", and more particularly described below: (MARK APPLICABLE PARAGRAPHS) fd. (a) Real property comprised of parcels measuring approximately square feet and measuring approximately square feet, as defined and depietai on Exhibit "A-2' n (b) Building interior spaceoomPrised of approximately _square feet and known as saitelmoIn__ in (described) located at: (address) U (0) Building exterior (including roof top) space as required for antenna support Structures and attachment of mnennes aMdior microwave dishes: Together with a grant by Landlord to Tenant of a non-exclusive underground license ("Iacoase') to establish utility cunmecgons to and/or between Tenant's equipment and antenna installations situated substantially as shown an Exhibit "A4' and with a grant by landlord to Tenant of revocable, non-exclusive right to M access the Landlord's Property and the Pianists, wrcePt as provided in Paragraph 16 herein below, 7 daysa Waal; 24 hams a day for the propose of Tenat'9 use as described in Paragraph 5 herein below; and (ii) to install, maintain, replace and repay, from time to time, all accessary cables, conduits and pipes from the Premises to the neerest appropriate utility connections subject 10 the notice provision outlined in Paragraph 17 herein below. Tenant shall be allowed to install and maintain a temporary power source at an Appropriate Ineation within Landlord's Property AT&T &840 (Downtown Santa Ana) 4,4, MaRreT A-2001-060 as approved by Landlord. Tenant may occasionally park its vehicles ran Landlord's Property when 3'e11ant is installing, removing or somicing its Communications Facility. Upon signing of this Lease by the parties, Toamt shall have the right to survey and test the Landlord's Property, 2. Terms. Ton (10) yeas beginning on the Effectivo Date' Prior to expiration of the lease, Tenant shall remove all improvements and ,,,tons the property and Premises to its original condition, excepting normal —or and tear. Upon expiration of the Mass, Tenant Shall surrender possession of the Premises and Property to the Landlord. 3. Extensions. Tenant is granted options to extend this Leese for up to two (2) additional five (5) year periods by giving Landlord written notice at least 90 days before die term or extended tern ends. Prior to time counnencement of each extension period. Tenant shall resubmit its plan for the Communications Facility to the pistoling and Building Agency of the City of Santa Ana for review, approval and conformity with all existing local laws and regultdioa. llowever, Landlord raservea the right to deny such extensions by giving Tourist written notice no less Wan six (6) months before the term or extended term ends, if the Landlord decides in Its reasonable discretion That Teant's continued tenancy would be not be in conformity with the Landlord's intended use of its property at such time. 4. Refit {,. Annual Rem for We Premises shelf be Fourteen Thousand Four Hundred and 0U/100 Dollars ($14,400) payable fit one ananal payment, or equal mouddy installments, in advance, on the first day of each calendar month during the Term (talsrding a prurmodportion W an hdtial partial moms, if any, and excluding a prorated portion for the last partial Inuits, if arty). Tba rent payments shall be subject to a annual rent increase of 3% per year. Annual Rem shall be fully abated unlit construction is commenced by 7'eant or, until four (4) months alter the Effective Date, whichever occurs flat. In the event this Lease is terminated pursuant to Paragraph 6 (or is otherwise Wrrrdnated early in accordance with the term and condition hercot), Page 1 of a Final - Stadium Lease Agreement Page 22 of 67 then any portions of any Annual ]Lent payments covering any postdenuination lintetrame(s) shall be immediately refunded to Tenant by Landlord within thirty (30) days from the date of termination of the Lease. 5. U emisa . 'tenant may use the Prondses for its intended purpose, which Is to construct, maintain, secure and operate a wireless slecommunicadons can facility ("Communications Facility'? an equipment enclosure, required tantrumsand antenna support structures (1, such Communications Facility may be modified, added to or substituted from time 10 it=). The Communications Facility, including all antennas and antenna support structures, may be conftgumd as required by Tenant from time to time, provided that Tensm obtains all permits ,ad approvals required by applicable jurisdictions for such required configuration. Improvement of the Premises and License, including all costs of installation, operation and maintenance of the Communications Facility, to meet Tenant's needs shall be at Tenant's sole axpense. In exercising the rights conferred by the Lease, Tenant shall maintain the Premises in a neat, cicam, sanitary and safe condition, meat use reasonable one and may not unreasonably increase the burden on the Propxrty. Tenant agrees that the installation and maintenance of a Communications Facility on the Property of the Landlord on which it is installed shall be effected with all reas.nablo 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 fur the Project and Tenant ,ball comply with all conditions and requirements from the Deve7apmem Review Cownitteo of the City of Santa Ana for this Development Project (DP No.�I In the event that maintenance is required, such as, but not limited to the replacement of missing branches or tie repainting of the facility, such maintenance must be completed within 14 worldng days. Lamllord shall not be held roaponsible for loss of or damage to Tenant's Improvements on the Proporty. Tenant's ability to on the Premises is d"miam upon Tenant'a obtaining all of the certificates, permits, and other approvals which may be required from MY federal, sate or local authority and any non - disturbance agreements and access rights which Tenant requires from any third parties (collectively, "Approvals"). Landlord shall ...Perot, with Tons* proposed uses. Tenant AT&T C-840 (Downtown Sans Ara) may not use the Premises or Properly for any other purpose or business, other than its intended purpose as hereinabove stated without obtaining the Landlord's prior written consent. 6. Temdnaton. 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, dare to technological changes or for any other reason. Tenant, in its sole discretion, determines that It will be unable to use the Promises for Tenant's intended purposes, thou Tenant shall have the right to iromcdialaly terminate this Lease. Tenant shall notify Landlord, in writing, of Tenant's exercise of its right to terminate this Lease, and this Lease shall terminate after all Improvements to the Property and Premises hen beep removed end the Property and Premises have been restored to its original condition, excepting annual wear and test, provided however, Tenant shall have only 60 days from the date of writtenuotitication of its decision to exercise its termination rights, to removal all snob Improvements and restore fine Property and premises to its original condition. Termination shall relieve both parties of spy thither obligations under We Lease, although each shall coutnue to have its remedies for any breach of a lease obligation, which occurred prior to the date of termination. The parties area that Paragraphs 7, 8, 9 met 10 shall continuo to apply until Tenant has complotod its removal of personal property and txtares and reatotatioa of the Premises. No refund for cost of Improvcntents will be due to Tenant by Landlord at any time. 7. Insurance. Tenant shall provide landlord satisthctory evidence of personal property himm nco in an amount sufficient to fully protest all personal property owned ar controlled by Tenant from theft, fire, or other loss or damage while upon the Premises. Tenant shall also maintain commercial general liability iusareuce with a combined single limit of act less than $1,000,00operaccumisace. Such insurance shall (1) include 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 scpamtion of insureds provisions. Tenant shall (7 trnish properly executed certificates of insurance to the Landlord prior to exercising its rights order Slits Lease, which certificates shall clearly evidence all coverages required above Page 2 of 8 Final • Stadium Louse Agreement Page 23 of 67 and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice io the landlord, (h) attach a completed and signed copy of an "Additional Insured Endorsement" form to the ccriifrcates of insurance noted above, (iii) maintain such insurance from the time the Project first commences until completion of the Project under this Lease; and (iv) replace such eartificates for polices expiring prior to the tertuiaation of this Lcaso. S. Release WoiVers. Tenant waives Pit claims against Landlord, its officers, agents, employees, and volunteers for any igiury or death to any person, damage to property, or Iona ofuse 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 Tcoanl, excepting the willful misconduct or sole negligence of Landlord, its ofiecra, agents, employees and volunteers. All policies of insurance obtainer) by either party pursuant to Paragraph 7 of this Lease shall waive the imumd's rights of abrogation against the other party. 9. Util_liett. Tenant shallboresponsiblc 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. lo. Ind erm 'lies. Tenant agrees to irdentnif defend (with counsel satisfactory to Landlord) and hold harndess Landlord, its officers, agents, employees and volunteers from and against any and all claims (including my radio frequency and slacbonugnetie fields radiation related claims), losses, liabilifio% costs, expenses, loss or damage to property and for injuries to Or death Of my person when raising our of or, in any way, resulting from: (i) the no of the Premises and License by Teraina or its agents; (li) any breach or default in the pert it ialm of any obligation on Tenant's part to be performed under the terms of the Lease; or (iii) my occisuonce in, upon, or at the premises and License m on account of the use, condition or occupancy of the Praises and License, excepting willful misconduct or sole negligence of Landlord, is officers, agents, employees and volunteers. The obligations of Section 10 of this Lease shall survive the termination of this Lease with respect to my AT&T G840 (Downtown Santa Ana) damage, injury or death occurring prior to termination or expiration of this Agreement, 11. Iggilft-Dshildl. The occurrence of any one or more of the following events shall constitute an "Event of Dofaulf' by Tenant: (a) The failure by Tenant to make any payments of rout 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 bo observed or performed by Tenant, other than as specified m Paragraph 11(g when such failure shall continue for a period of 30 days spier written notice is received by Tenant from Landlord, provided, however, that it shalt not be deemed an Event of Default by Tenant if Tenant &ball commence to cure such failure within said 30 day period and thereafter diligently prosecutes such care to completion. 12, Notices. All undoes must be in writing and, unless otherwise provided, shall be deemed validly given if sent by certified mail, Tatum receiptrequested to the address indicated below the parties signatures (or in my other mntGng address which the patty to be notified may designate to the other party by such notice). If sentby raft, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has bean deposited in the United Stales mail, duly registered of certified, with postage prepaid, and addressed as set forth above. ifsemby teleficsiarile, any notice, tender, denuml, delivery, of other am mmication shall be effective m deemed to have been given twenty -fan (24) hours alter the time at forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For do purposes of calculating these time frames, weekends, foderal, state, county, or city holidays shall be excluded. 13. litiza.Mus'Sobatances, Landlordwsaenta and agrees that neither Landlord nor, to Landlord's knowledge, my third party has used, Page 3 of g Final - Stadium Lease Agreement Page 24 of 67 generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hozardous 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 act use, generate, store or dispose of any Vagarious 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, claim andfor costs (including masonabte attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shag mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petrotemn and asbestos). 14, u'o lent/NomInterfere Landlord warrants and agrees that Tenant, upon paying the rem and performing the covenants of this Lease, shall enjoy the rights set forth In this Lease. Landlord shall net 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 6om the Premises, provided, however, that Landlord shall have the unilateral right slid privilege to (a) undertake all normal items and operations associated with the current use of the Property, such na, public events which may include high powered electric lights and food service, (b) arrange for the televising of any public avert to be held at the Property, and (c) ability to contract with other interested parties. Ld. Lis his Leas (a} This Lease, including attached exhibits, incorporates all agreements and understandings between Landlord and. Tenant, and an verbal agreements or understandings shall be binding upon ,dtI=Landlord or Tenant, and any addition, variation or modification to this Lease shall be ineffective unless trade in writing and signed by both parties. No amendment hereto shall be effective unless set forth in writing and executed by Landlord and Tenant, Additionally, any amendments to this Lease must be submitted to the Planning Division of the City of Santa Ana for review. All oxldbits referenced herein and attached to this Lease shall be incorporated by refaranee as if fully set forth in the Lease. ('b) Landlord warrants and agrees that Landlord's Property (including) without limitation, the Premises), and all improvements comply and during the term of this Lease shall continue to comply with all building, health and safety, disability and other laws, codes and regulations of any governmental or quasi -governmental entity. All such compliance shall be accomplished at Landlord's cost and expense. (e) 1Le language crouch part of this Lease shall be construed simply and according to its fair ineanin& and ids Lease shall never be construed either fo 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 ordds Lease, or any action for damages for any alleged breach of any provision of this Tease, then the prevailing parry in the action or proceeding shall be entitled to reeeivc from the losing party such amotmt 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) lirach party to US Lease represents and warrants that it has full authority to execute this Lease and to bind its respective parties to the Ta M (f) Preparation of this Lease by Tenant or Tenant's agent and submission of this Lease to Landlord shall not be deenrnd an offer to Landlord to lease. This Lease shall become binding upon Landlord and Tensor only when fully executed by both parties. 16. Tannin' rem"cs to PremiseslPronertv. (a) Limitations - Tenant agrees that as access to the Premises as described in paragraph 1 herein above, shall be limited when the Promises is being used for a public event, and the four (4) bouts before and after cry such event Tenant will obey all procedures set by Landlord regarding notification before AT&T C-840 (Downtown Santa Ana) Final - Stadium Lease Agreement Page 4 of g Page 25 of 67 visiting the Premises, chocking in on- terninate. Tenant shall site, parking, gates, etc, Immediately surrender the Promises (b) Construction Phase Penalty -Each and to Landlord in good order and every violation of or failure to abide repair tc the satisfaction of the with Landlord's access procedures, or if Landlord, and Landlord shall have programs on the premises/Pmperty are We right to =avow from Tenant, adversely affected or impacted by (i) the worth at the time of the Tenam's actions on the award of tine unpaid rent and all Premisea/Property, solely during the additional rent surd other amounts period of construction of tire and charges payable by Tenant that Communications Facility (from start-up had been earned at the time of to completion), shall be subject to a termination of this Lease, (ii) the penalty of $10,000.00 to be paid by worth at the time of the award of Tenant to Landlord upon notification of the amount by which the unpaid such adverse impact, as determined by rent and an additional rent and the Executive Director of the Parks, other charges payable by Tenant Recreation and Community Services hereunder which would have been Agency. Examples of "Adverse earned altar lamination of this impacts" include, but are not limited to: Lease until the tirne of the award blockage of Stadium/Propcoy access exceeds the amount of such loss for parking, or entrance for scheduled that Tenant proves Could ban been events; failure to clean-up or depart the rcasonably avoided, (iii) the worth Penctsea/Property in a timely roamer; at the time of the award of the failure to remove equipmemtivehicles amount by which charges payable from the Premises/Property and, by Tenant hereunder which would blockage or hampering of access into have been paid for the balance of the "VIP" parking lot. the term of this Lease after the time (c) Bonus - Due to the busy schedule of of award exceeds the amount of events for the Stadium Property, and such loss that Tenant proves could Tedant's corporate goals and build- have reasonably been avoided; and outtinstallation pion, Tens* agrees to (iv) any other amount necessary to pay Landlord a one-time bonus of compensate Landlord for all $10,000.00 if Landlord allows Tenant detriment proximately caused by to enter the Prenuses/Properly to begin Tonaed's default. The "worth at the construction of its Communications time of the award" as used in Facility within 3-5 days after final clauses (I) and (it) of this required approval is granted by the City subparagraph (a) is to be computed Council. by allowing interest on unpaid amounts at the maximum legal rate. 17. Notification Reeuheme. Except in cases The "worth at the time of the of emergency, Tenant agrees to provide 24 hour award" as used in clause (III) of this notice to the Executive Director of the Parks, subparagraph (a) is to be computed Remotion and Community Services Ageaey of at the discount rate of the Federal the City of Santa Ana before any installation, Reserve Bank of San Francisco at maintenance, replacement or repair is to take the time of the award plus one place pursuant to Paragraph 1 herein above. percent (1a/"). (b) Landlord nay, pursuant to 18. Rmodics. If an Event of Default occurs by California Civil Code Section Tenant, Landlord shall have, in addition to any 1951.4 maintain Tenant's right to other remedies available at low or in equity, any possession in which case this Lease one or morn of the following remedies at shall continuo in effect whether or Landlord's election: not Tenant shall have abandoned (a) By written notice to Tenant, and vacated the Promises. in such Landlord may terminate this Lease event, Landlord shall be entitled to and declare this Lease ended, in enforce all of Landlord's rights and which event this Lease shall remedies hereunder, including the AT&T C-840 (Downtown Santa Ana) Final - Stadium Lease Agreement Paso 5 of 8 Page 26 of 67 right to recover sent, additional srul, and all other amounts payable hereandor as they become due. (c) If an Event of Default by Tenant occurs, Landlord shall not have the right prior to the termination of this Lease by a cowl of competent juriadietion, to re-enter the Premises andlor remove pereona err properly from Ilse Premises. 19, Compliance With L-}Y5• Tcnam agrees that any improvements constructed by Tenant on the promises and License and the Property and all of Tenant's operations within the premises and License and the Property sbalf be in compliance with ail applicable laws, codes and regulations. 20, p t and Subletting. 'tenant has an exclusive right to doe Premism, buta no - mclasive right to the Property, Provided however, Landlord shall have the right to use the premises for emergency use and/or, incidental ("City Business'l, buinsimllbul not limited 10. minor landscaping, minor maintenance, and minor construction proximately located near the Prendsas, so long as the City Business does not unreasonably interfere with or hnpair the apemtion of Tomatoes Communication Faoility, This Agreement may be assigned or transferred by the Tenant without any approval or consent of the Landlord only to time Tenant's principal, alfiliatca, subsidiaries of its principal; to any entity which acquires all or substantially all of Tenant's assets fn the meeker do iecd by the Federal Canmmmicstions Commission in which the property is located by reason of a merger, aegmaitien orother business reorgaNsntion; or to any entity which acquires or receives an interest in the majority of tommmfcation towers of the Tenant in the market defumd by the Federal Communications Cennnfssion in which the property is located. As to other parties, ids Agreement may net be sold, assigned or hansfomed without the prim written consent of the LatdlooL An affiliate of Tenant shall roan any entity which controls or is controlled by, of is rmder cma m m control of or with Tenor. 21. Taxes. Landlord shall pay all Mal Pr%Wdy taxes assessed against the Landlord's Propurty. Termnt shall pay all personal Property taxes assessed against its equipment and all imm"m in Lardlord's real property taxes or assessments directly attributable to mso0lathra of Truant's AT&T C-840 (Downtown Santa Ana) equipment or Tenant's sac of the Pretenses of License. 22. Com>e Termination. If during the Lease Tenn, there is a determination made pursuan,. to an official tmappealable order Of comity, state or national governmental health agency having proper jurisdiction that Tenant's use of the Premises poses a human heshia hazard which cannot be remediated, thon (i) Tenant shall immediately cease all operations on the Premises, and (ii) this Lease shall terminate as of the date araueh order. 23. r ndlard�Atiaml of AmMlleturel sad H -iueerin r? rr_asyil=t Prim to cmmancemnt of any copstrucdon, alterations, modifications, or improvements, T'emot agrees to submit arehiteottual and engineering drawings ("Plans') of the equipment to he installed to the Landlord for its approval. Landlord will have a reasonable Amount of time upon its receipt of the Plans to dimpprave therrtin vrtiting. Landiord shall not be entitled to receive any additional consideration in exchange for giving its approval ofTcnaot's Plans. 24. Relocation Ctiaht. (a) Within the first five (5) years of the Term, Landlord shall have the one-time righ4 upon development of Landlord's property for cotmneroial purposes, to relocate Tenant's CarmUHiafeation Facility and any necessary utilities, at Tenant's sole cost and expense, to altemam apace within Landlord's property. Additionally, within the socond five (5) years of the Term. Landlord shall have the right to relocate Temsnt's Communication Facility and any necessary u6Eties at Landlord's sole cost and expeoso to alternate space within the Landlord's Property. Provided, however, that all such reloestian shall (1) be performed exclusively by Tenant or its agents, (2) not resolt in any interruption ofthe commmuications service provided by Teeat on Landlord's Property, (3) not impair, or in any manner alter, the quality oi'commrmications service provided by Tenant on and from Landlord's Property, and (4) be time in accmdanoe with the terms slid conditions contained in subparagraphs (h) and (c) below. Upon relocation of Final - Stadium Lease Agreement page 6 of 8 Page 27 of 67 Tenant's Coaununications Facility, disapproved each proposed relocation If Tenant disapproves such Tenant's utility cables, conduits stud Shall be relocated us required in site. relocation site, then Landlord may pipes Tenant's Salo discretion, to operate and thereafter propose another relocation by Notice to Tenant in the nu mrer maintain Tenant's Cunununicatlans Site setforth above. Tenant Shall Facility. F (b) Landlordshall exercise its relocation cooperate, in good faith, with Landlord for the approval of a relocation site, right by (and only by) delivering Any relacaton site which Landlord and written notice (the "Notice") to Tenant. Tenant agree upon in writing shall be ]n the Notice, Landlord shall propose referred to ns the "Relocation Site", as alternate site within or on Landlord's Property to which Tenant Tenant shall have a period of Out less than after execution of a may relocate its Communications Facility, Tenant shall have sixty (60) agrees abetween the mantles written agreement location and dimensions concerning the iteto days from the date it receives the Notice to evaluate Landlord" proposed re of Relocation Site to relocate (at Tenant's expense during the lust five relocation site dming which period Tenant shall have the right to conduct (5) years of the Term) its Communications Facility lu the tests to determine the technological Relocation Site. feasibility, of the proposed relocation If Tenant fails to approve ofauch (c) Upon relocation of Tenant's site. proposed relocation site in writing Facility to the Con cation Site, all Relocation Site, nil references to the period, which within said Sixty day p approval shall not be unreasonably -premises" herein shalt be deemed to Site withheld, conditioned or delayed, the be references to the Relocation Tenant shall be deemed to have AT&T C-840 (Downtown Santa Ana) Final - Stadium Lease Agreement Fags 7 of S Page 28 of 67 The parties have duly executed this Lease as of the Ef&CtLw Pete of p-.O _ at-h-L..+ 2001 set lbrth hereinabove. LANDLORD TENANT City of Santa Ana, a charter city and on of the Stale o AB CeUuW Holding, LLC, a Dolaware limited liability company dlWa AT&T Wireless Services FMi=gwj By: AB Cellular LA, LLC, a Delaware limited .ulidoliability company, d/Wa AT&T Wireless By: LIN Cellular Cgmmanicationa ATTEST Corporation, a California corporation, is Member Hy. Name: P era E. Healy 13YNa• • Jac 'e Oinabt Title: C erk of Ole Council It, Sysmm Dcvel mManager APPROVED AS TO FORM NOTICE ADDRESS AT&T WIRELESS SERVICES 12900 Park Plaza Drive �r Nama: 7oseph W. Fletcher Cerritos, California 90703-8573 Title: City AttomeY Ain: Oardel E. Smlth, Attorney AFPROVED AS TO CONTENT: ey:Aje� y Name: David N. Room 4 Tide: City Manager RECO LADED FOR APPROVAL BY: Title: Exeoutive Director -Parka, Recreation and ConanuailY Services Agenoy NOTICE ADDRESS CITY OP SANTA ANA Executive Director Parke, Roc. & Community Services 20 Civic Center Plaza-P.O, Box 1988 M-23, Santa Ana, California 92702 AT&T C:,840 (Downtown Sams Ana) Final - Stadium Lease Agreement Page 8 of 8 Page 29 of 67 F.RIDBIT A-1 ^PSCR PTION OF THE PROPEIiI'Y The property of which der Lane Area is a part is legally described as follows: Street Address 9510Street City, Stara Zip Santa Ana, Callfom3a 92703 APN: 403-191-01 &405.19t•12 All that realpmperty located in the State of California, County of Canoga described n follows: Prowl I; All that portion of die land dlmred io Julian Chows, in the City of Sara Ana, County of grange, State of California, as described in the Final Decree of Panidoa oCdre Rnache Santiago d s Sonia Ana, in the City of Santa An. County of Orange, Slate of California. which was enterrd Septumber 12, 1868 in Book "B", Page 410 of Judgements of the District Coun of the 17th Judicial Dtnrtc5 in and for Los Angeles County, California, described as fallowa: Beginning at a point ao the antorline of Eighth Street (ww Civic Center Drive, said point being 50 feet Westerly from she intersection of the extended centerlie of Flower Street. as said street edsts Northerly from Eighth Street with the ecnterlim of Eighth Street•, durme Southerly and parallel to a straight line drawn between p point an the centerline of Eighth Street, said point being-10 fen Westerly from the extended centerline of said plower gain, to a point on the centarliea ofStxdt Street, said point being. distant 309.60 fleet Westerly from the intersection of die centeram of Chinuey Street extended Northerly as shown ono map of Ron Addition 10 Santa Ana recorded in Book 3. Pages 534 and $35 of Miscellaneous Records of Los Angeles County. California with the centerline of Singh Street to an intersection with a lino drawn parallel to and distant 330 feat Southerly from the cen erlkm of Eighth Street. said ling being the Southerly Item of dint terrain pored ofland conveyed by Bertha Saekmon to John William, Saekman by deed recorded in Book 221, Page 300 of Dads, records of Orange County, Califoritht: thence Wrsledy along said last mentioned line tom Intcsation with the centerline of Oliva Street or said Oliver Straet alind prior to 1933; th®m Northerly along the concertina of 011va Street, to an i eens"tie" whh the cemmliae of Eighth Street; theca easterly along the cenrndineof Eighth Street to the point of beginning. Pamal 21 Ali that portion of the hand alloned to Juliun Chaves, in die City of SantaAna County of Orange - State of Califomla, os demdtatdintho Pinar Aectes of Panldon of the Rsewho Sambigo de Santa Ana, which was entered September 12, 1869, In Book "B", Page 4 loaf Judgmmrs of the District Court of the 17th Judicial District in and for Los Angels County, California described as follows: Beginning or the point of intersrxdon of the conterline, 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 MiserlWncma Recnrds of I,os Angola Ccunit. Cut 11bea t; dtencr Nmthcrly on dro West line of black B of for Chinon Tract, atshown Ono map recorded in Boak 34,Page 93 Miaaelianems Records or Los Angeles County. Caiifomia. 5.10 chains to rite Northerly Zinc of kind conveyed by lamb Ron to Alexander'r. Oliver by deed recorded Marais 12, 1977 in BoaR 52, Page 393 nsefif of Las Angcla County, California; thence Westerly along said North line 5 41 chains. more fir kcs to the centerline of Oliva Street, as said 04i v Strun existed Prior to 1o33; 1heM:e Southerly along said centerline 5.10 cluins to tire centerline of Sixds timcC Ihesce, Bass along rite eenterlina of Sixd Strew to the point of Beginning, _ Page 30 of 67 SXF11BIT A-1 LEGAL DESCRtMON OF THE PROPERTY no Property of which the Lease Am is aplot is legally described m follow: Street Address 9516a Sheet City, State Zip Santa Am, Cagomte 92703 APN: 405-191-01 & 405.191.12 AR that real property located in the State ofCalifornia, County ofOnall deaan'hed As follows: Forest 3: All that portion of the land allotted to Julian Chaves, in the City of Santa Ana, Count of Orsngc, Stara of California, as daalhed in that Final Deerae ofpartition of the Rancho Santiago de Santa Ana, which.was entered September 12. 1868, in Book "B". Page 410 of Judgments of the District Coun of the 17th Judicial District in and for Los Angeles County, Califomia. described as follows: Commencing at A point in the comedina of Olive Street. said point being 23.57 chains West from the Nnnhcast coiner of said land allotted to Julian Chdvas; mnning thence South 545.70 Rat to a point 25 feet South of die extended North line of Block B of Gmudard's Addition to the Town of Santa Alva, A shown on a map recorded in Book 23. Page 3a of Miscellaneous Records of Los Angeles County, California; thence Waat parallel s the North line of Sixth Street 173.76 Poet tarn or las, to a point 400 feet East of the Nest liar orBluck 0 of said Gtoudmd's Addition; thce North 25 feat to the None line of Block B of said GraudanPs Addition; silence enWest 25n fact to 0 point ISo feet Past of the Northwest comer of Lot I I in Block B of mid Groudard'9 Addition; thence North 34 fees; thence Wcat 371150 feet to the Southwest comer oFthe 2 12 acre UOx conveyed to Lottia 1. omudatd by deed recorded May 29, 191 S In Book 241. Page 2" ofDeeds, records of Orange Coomy, California; thence North 498,65 that to Northwest corner of said 212 arse each dsence East 795 feet to the point of beginning. Petal 4; All that portion ofsiie land'blotted re Julian Chams.in due City of Sunni Am County ofonwits. Stale of California, ae described In the Flood Dale of Partition of the Rancho Santiago de Same Ano, which was ens ord Sepember 17. 1868, in Book "B". Page 410 of Judgmenrsordw District Court of the 17rhJudlaid Disables in and for Los Angeles Coolly. Califamia, demrihed as follows: The Northerly 336.65�fsat of that certain Parcel l of land described as follows: Beginning 11.97 alludes West of the cemmrOf Oil" oad,plBh Streets in the Ross Addidon to Santa Aria, a shown on a map recorded in Book l,paga 534 and 535 of Miscellaneous Records of Los Angeles County. CaBfomia; thence Noedt 15,37 chains shancc West 4 chains; therms South. 15.17 chains; Chace East 4 chains to the point of beginning. Parcel 5. All shot ponlon of she land aliened to lotion Chums. in the City of Sans Anu, County of Orange. State of California, as described in the Final Decree of Partition of the Rancho Somiogo de Santa Alto, which woo entered September 12. 1869. In Beak "B", "Age 410 of judgments of the Dhorim Cost of rho 17th Judicial Dianiet In and for Los Angela Coanty. California, described as folhiws. Beginning at the Northeast coma ofConstontinu'a Addilu+n to tile town of Santa Ana. as shown an a map recorded in Book 23, Page 32 of Misaelktowus ilc :orris of Las Angeles Cuunry. California.' thence North 154.83 fore. more of leas, m a JO,;nI in rite past line of nsi distant 336.6i feat Souftely room the Northeast corner of that certain parcel 0f land desedhad 44 10110 s: Page 31 of 67 EXRLHFF A-1 LEGAL DESCRIPTION OF THE PROPERTY The property ofwhiob the Loose Area is a pact is legally described as fb1IQmc Shoot Addmm 95108treet CSry, Seta zip Saute Amy Caftme 92703 AP14: 405491-01 & 405-191.12 All that real property located In the Stare of Ca6fomia, Cmudy of omagq deacdhed as follows "Bag inning 1 L81 choice Wcat oC rho center of Olive and Fifth Succls In Ross Addhion to Santa Alm, as shown on a emp recorded in Back I, Pages 514 to 535 of Miscellaneous Rceords of L.us Angeles County, California; thence North I5.17 chaim; theme,Wast 4 chains. them South 15.17 chains; thence East 4 claim to the point of beginnings." Thence Westerly along a line drawn parallel to and distant 336.65 Ceat Southerly Rum the North line of that omfult partial of land last described above to its intersection With the West lino of mid penal last described above; thanes Southerly along the West line of said Parcet 155.07 feat, more of lass, in ire intersection with the Wastedy prolongation of the Northerly line of said Commatinc's Addition to the Town of Santa Ana: Ihetttt Bast in u direct line to the point of beginning. Parcel 6: Lou it, 12, 13, 14 and 15 ofCommntinds Addition to tha Town of Santa Ann, in iho City orSanln Asa, County ofOrunge, Stare of Calllbmin, afi shown on a map recorded is 0aok23. gaga 32 of ivliscellamous Records of Loa Angeles County, Catitbmiu, togadmr with the folkoweg: Beginning at the Southwest corner of Lot 15 of said Constantinds Addition ro the Town of Santa Ann; thence Walt to a point 17.80 loss East from the Southeast comas of Lot 27 of McFadelen- Wilson Addition on Sama Abu, as shown on a map mcardcd in Book 28. Page 9 of Mianellu mum Records of Los Angeles County, California; thamm North along a line drawn parallel veldt the Fast lhu ofsek! Lot 27 and five Northerfyprofaaption thereof to its point of imemaction with the Westerly prolongation of tlw Nor'dwdy line of said Constmsdne's Addition to the Town of Soma Arm: thence Fast In a direct rise to theNarthwasa aomor of Lot 15 of field Commntuds Addition e the Town of Santa Ana; thence Small in a ditoct Line ro tha'point ofbeginnfng. Pared 7: Lom 9, 10, It and 12 of 011dmachers Addillon m the Town of Sane Ana, a five MYOf Sane Am, County of Orange, State of CdtRmin, as shown On a mop recorded in Book 23, Page 37 PC Miscellaneous Recordsof Las Angeles CoumYXIdtlomla. 1'areo! tl: Lou I through I I in:hewd in Buck B of Gcaa boofs Addtaun m rho Town of Sane Ana. to the City of Santa An County of Orange. State of California. as shown on a map recorded in Book 23. Page 38 of Miscellaneous Records ofl.os Angeles County, CalifomW mgother with the following: Bottoming at a point in the Southerly line of Lot i in Block B 01, said Oroadanfs Addition to the Southwest comer nF said Lot I; thence Fast Town of Santa Ans. distant 15,99 feet East form the long the Southerly honor mid Lot I and the Easterly prolongation thereof 46 feet 41 a punt oil the Was, ilia of Olivo,'gMt and Ito: CRUE POINT OF 11BCi1NNING Iwrcud thence Nonlr. pamllat with the Earl line of mid Lot I. 101) font err a paint drstanl 23 feat Southerly from the Embaly anta Avm� pro longation orihe North line of Block B of anSd(iroudard's Addition to rho TQwntthereof to he tiOn thcnee West parallel with the Snutlt line of said Lnt 1 and the Easterly pro ng Ln41 line of aaid,Lor I: thanes: South Will creel ohmg acid East line Io said Sauthsdy line of mid lot. Page 32 of 67 EXMXTA-1 The Property of which the Least; Awn Is a part Is legally described ae follows: Sheet Address 95164Street City, State Dp Santa Arta, California 92703 APN: 405-191-01 & 40-191-12 All that net properly located in the State of California, County of Orange, described m follows: thence East in a direct line to the TRUE POINT OF SEGINNINti. Exempting therefrom that portion of Lou I, 2 and 3 described in the deed to the City of Santa Ana, a municipal corporation, recorded January 13, 1933 in Book 593. Pane 252 of Official Records. pamel 9: All that portion of the land allotted to Julian Chaves, in the City of Soma Ann. County ofOmnge, State of California, an described io the Fined Order of Parthion'of the Rancho Samiallo de Soma Ann, which was entared September I 1 g6B in Book "B", Page 410 of Iudgmcrtls of the District Court of the i7th Judicial Ddstda in and for Los Manion County,Californiadeecribed on follows: Beginning at the Southwest comer of Lot I 1 in Black R of Groudard'dAddition to the Town of Santa Ann, as shown on a ntnp recorded In Book 23, Page 3l of Miscellaneous Records of Los Angeles County, California; thence North along the West ]too of said lot, 125 feat to the TRUE POINT OF BEGINNING; thence courinuing North 34 feet along the Northerly prolongation of Ore Want line of said lot; thane But pamllet with thoNorh lire of Block B of said Ornudard;s Addition ISo feet; thence South parallel with the prolongation of the West line of said Lot 11, 34 feet to a point ou Wo North line of anld Block B. thence West along the North lice of said Block 11, t60 feet to the TRUE POINT OF BEGINNING, Parent 10 That portion of Olive Swett in the City of Seam Ana, County of Orange, Slate of California, bounded on Iho'13euthby Sixth Street; bounded on the West by.thm eertain land described k the deed to the City of Santa Ana =Gamed May IO, 1934 in Book $72, Page 350 of Official Records; bounded on the North by that certain land described in the deed retarded January 13. 1913 in Book 593, Page 252 ofOfficj d Records; and bounded on the Eaer'by that certain lend described In the deed to die City of Santa Ana, recorded May 5, 1910 in Bonk 171. Page 260 of Deeps. Page 33 of 67 EXIDBTT A-2 DESCRLPTION OF PREUWE..� The location of the Preadsos within the Lessor's Property togother with namexclusive access,'ogress' ogress, easements and utilities are more particularly described or depicted as follows: [Sec Attached Site ]Planl AT&T Gg4a (Downtown Santa AM) Page 34 of 67 IJ..111"� .�.�I ♦� TY'I _ �I ,4 �Ir Ilr SIB 6a!I i FIN f a a dl �b FIB fG Jf� I_ Page 35 of 67 ,tly ,I ilt, � !ag 6� i �11 t ID i t it illiA e ! t t I• ! D 1 sil=1 1 I Willi lot =i , ! '=i t A i i�i � �i ; i• i l:,,i t �: It :. t A l€ tgell1 iA.1DA1.li tilitt i s s . A y Ill ill; 11 IVA IV oil !`i if iq it o'f' =ia riB ag-'= i iiid if! II! li! It .11 III IN I•;f°e�y!!iy g' ii fttlf 9i iiyrDi!e 'Dii r=�; : i :!o(i'a1":y9tl.Bye l! DeitB dlB:e::i°!a it,pidie! ' 1'iit° llg�la;tl !i! tt"! 01111m .11 llivd B pi l • . . 111 !11 ee1 ilA i9li 19ialeBlg� ei7 l:t itAl•. I e°j^iae�li to 3- pS AIii:jtbt°'=tea IN Aii °n•ti it i tlif i . D mi i1 .1 4 11. aA . Y`1 i fallt i=t:t°i9 '° it °If!Ei li!tDliti°°!, Ott ;9'i = i17eLS IA11l. 1 f. 11lDa Ililtr. 1 ' if if : '! "Itlf 1. !D U iD j! `! 1Bt7 mitt i ...pp hilt loll °i�B11',lili oil =iAprl�ld �l '=s 1 et• all,.S:B NMI 1 i pp ill•: `llB� tl i+l� .titi Il!!la° . tl tti j Y`B let an atli 9 ,�tsii lFt'st Ai=j'iii iui Vol.1i it,A el �M!! ti �' i 8 li!!ti �1 °. IT T ii11 At!�` ai t 1l�A�s�i•I"Atli JOIN `Bppl3 1 •". `laiAA. •!i`tB NA.i1 "i 'asA §' JOIN $I If! If i.ii!di i:At:if HIM Bai/!llll it Uo.t�t :�el.r tali .. .. 1 ei .l`etl a''�tfiA' + f of ii 11 . A tqt • i° ' iai ID"!lyA1 t E Il a.i AiA ii= t B` ftlii l.ts'i! :1 tt fIA A!°pl° ei;'i 5 f as 1° A;.si Ii1Ai•liifl ,1;!!€% !:'`i �±t,•Ij ; i lttill' PIN eiii'�pi;pppii- aiaiai� ii!jt tti'i�;,a I= Bi i�l� i.�014 !! l� ait;t IliAiQC�frmill: I ! 9tl;t `e/i`e.tlj�tya! If :! i 't�DB s®iy�g 1 1g�p ! : tgafAy 't'A1 DISa ` .!°9� Di: ittt •yA�i0, it li�Ap4iijtnl t:ie Y,t� 9�9t9itlfll°.°'F as1gA ai:iti iiil! i.i!i�i II!�i9Y.aii3, gsiieti �ie6aliiaiiteBl9ff6 Page 36 of 67 Page 37 of 67 ® 1 III '1 g9311 a ii.Ir�yN fg� a brWJ UP i !fill" 1 4��d'�i alpp aA�re r�®! ®r�� `eiar"�{{jj1!l0' Will �tlek_°iw �l arr�ii6{ 09� rite r r ie.�90� a 1 r rrrr 9 la r 0 : 8 �� r �g!! r� : U: r lrrr • ° �:1• ! tlav :a9r� i t r;. r g r r9 ;lii; a"E rr Jy, iah� ' Ba I If r r ! m� 9rg91a� i°etli r7agp r�� 1 �:' a�,�•d ! 11 is rryy r Ya N d � ° IN [i r16 , 9a�pol �! rtla 9 i9 a a a r ! a�I !�a a ® r s Xr ®m Page 38 of 67 Tpo |||■!� sew. ||!.[|)� its.§ !`�•&%; Q| ill § q B .4 *` II || aw . $ �l � | , ; . �• &k[§ | || e| if |i r ■ Ml�I,fofsf r,» #@ file://C:IWINDOWS\TEMPWewPhoto SIml.JPO EXHIBIT A -Z II/8101 Page 40 of 67 EXHIBIT C Legal Description and Survey of the Premises TOWER LICENSE THAT PORTION OF LOT 1, IN BLOCK B OF GROUARD'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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH FLOWER STREET AND WEST 6TH STREET; THENCE NORTH 890 24' 26" WEST, ALONG THE CENTERLINE OF WEST 6TH STREET, 356.50 FEET; THENCE NORTH 000 35' 34" EAST, DEPARTING SAID CENTERLINE, 30.00 FEET TO THE TRUE POINT OF BEGINNING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 890 24' 26" WEST, ALONG SAID RIGHT-OF-WAY LINE, 45.00 FEET; THENCE NORTH 000 35' 34" EAST, DEPARTING SAID RIGHT-OF-WAY LINE, 20.50 FEET; THENCE SOUTH 890 24' 26" EAST, 45.00 FEET; THENCE SOUTH 000 35' 34" WEST, 20.50 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.021 ACRES (923 SQUARE FEET) OF LAND, MORE OR LESS. PROPERTY OWNER THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PROPERTY ADDRESS 951 W 6TH STREET, SANTA ANA, CALIFORNIA 92703 PARCEL NUMBER 405-191-01 [Land Survey Follows] Page 41 of 67 ) ) � 7 (Y) \�§i HERS � ƒ!%N 00 z�§E ` J 0 ... . . � g=&x«<:»mr,<a ���\�/y\ev<• x �/: ' � ©I\\2«I§\§2� Pag,a zE EB 1[ } W x 6es��]] jf[ iw yJ�yJ H �1 �i� 1 �•� w � je �ggid ti+ sis 3 i +psi z�z• +e p• di Ui Fi �� zzci e'y1 t[� t�i9 L t�si Gi 9 ni 9� m 5Y 0 0 2 G T-2i t 4 is a3Mo14 m •--- �~ g. � i q' 1 n 1 2 a I ' I f N rc 1 I 1 I w w O 1 (z u 1 1 13 p I I 1 i C® I r 19 15 Np 113N5 ry �y Page 43 of 67 ae e I zuJ o �t� i�3$ sEiaE a 1 I — I I 1 �i I$ bi ; �I Im R 00I Ix � 1 ' I 1 1 I m Y Page 44 of 67 Page 45 of 67 f ) , |10 � 1B!!�§ !/2! & !% } ! � § | 4 !! / i # m \ ®- g! § EXHIBIT D Licensee's Facilities THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS: Page 47 of 67 -Db O9OhO\\Oi a �a. 45€aE'S. a s5 SIP � r }6"Y9�ii z^a g �� iii N3 f £3p#ZtSR�OFg gY r ffiC .end -a 731 i222 �.� kl S23 3dig@ g� fjA [ Ea l v� D�xf a E ats ,:E a a rtx $y MA I -A CD uj Z JiwlQ ag mr 00 O O [Tu a J U ¢ - ' IL I fJJz _'e5 Vi 19 i; 0 W O O g ui 5 3 t Y LLJ LLA I � 3 5 U F } 3 Ifsis� u ^� plt. fy a ¢ a a Oss. fGM� 06 ]ii5(� R E Page 48 of 67 33"•x�� `e�9 s ' S 94P $:{2_ �NpVU F@4I L3E553 AI..s F'si., Lc� �;1�t4.i.IRE N 3 4 $ u 1 E i d 33£ F ' Y i I h g9114 a�y4s3't� £s'e � Y R'€ Sa b, R Y 1¢a 3c x `��'as SP€ �4 n a NO a92r 5 g3 HIM r s ka v E;ie£t '4 � Sdg u F2 #F 2i 51 4- i e A$t eb Ee a °% N a 5 y s}d asZ�rkn +ass s xE xc $ a z t�=3a �a�tt 3 9Q,� t "ae! X �` R .$ gG ]s N� K s lot '3� uh e �4 .,`� scar 6 Qui xa- U J;g S ish § pies t gg a § g€ s gee j c� as n e 3e ¢ €Y $�S d Y x� R-----.-s€ §E NMI YP 1 d 1 x a s 0e in! SSRI 10 mad S 9 a yV3 yyd � y � W jjy5 W I:.A�k7 Kk$WIJ� Page 49 of 67 a Page 50 of 67 ; ! - � � p \ . \pip \\\{�� Page 51 of 67 Page 52 of 67 »d : � ■W! / \ \ \\ \ ) ! � ± , - . q §� MAI . :ate - . .. . \� \ }!y . . Pag,e ee A � 4CYP g$ I� p C a �L► S x- - `�,i � �9p I s ! 5op f F@,5yy , hMP AA POLVq �tl 6 m56 f11 3aJU.` 3 Y I WI J Q �Y Page 54 of 67 Page 55 of 67 y P^ ary g _ y s E v E_, y 11 E {—y1�• = src �- �1 iae 63 s� 1`g r C Page 56 of 67 Page 57 of 67 Page 58 of 67 ; r `©®/� �: � y�f A-Miml5,6s! 99%2� �•2`/\\ \m/} p�\� ...... . . ...� [ m I V � ( lea #@ --\� / I \ ©-- -� \ \ (� \ ° � � � � . : � ]� IL Page 60 of 67 } \ # ■ �[ it � � I Page 62 of 67 M s 7 2 ys n k o= `d dal in 033 ;A ec s F K 3p N 3 ft§ H y s s`sia 3s�� ;�¢+ € dd6s �' xa lip k1_3 % "^x +firFg? �'kik hips lip! 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R e>q 1N3 3s Q n E` E 4 h H�� 33 a,5f 3y3 d3£ {t.. # 1 .. ar t gp a x N j 2 a €- 9 Sa{{ g} a € gs €' e9a q �=. ± t ^ a zas j L5 xn F x 3 s€ sir o- [5x { 'it d� I taF3 sa n 3 s a' ca F ^wl� xx5 bry � t �Fayyg a �� a a a � sa k 3 Hi ar9 Rj Y C new g2 1 Y Y 11 .^3 �3g2 .�E. 3E3x 3 r g g a C 3Y s ss In- ds x g I d s im a i a3."as m Sr a .� ex z ' € sa sa �' , Rg h a v s 52 ICI m e a %€ es 3 ss x 3 s._ps c d{s ass e 1 5 39a �` s ° s$ yya gg t, S - MIND 's e f € d_s 35 t 9a £ &iG �iA33{ Y_, Y { �i R3a NEW 3 n RUSH § ��# 4 �' n �}c_ 1 G -- x3k �e s a#ss € a �'te i€ £ i `'� ':a�� if 4 Page 63 of 67 � $ j\ / f ,� / � | § ]»� /z � . Page 64 of 67 m ) as Val 2 /, » { Ila its /� �������� ��� °�` s b{C d ?: \/ /\}§ I JP rj p I EXHIBIT E Minimum Scope and Limit of Insurance LICENSEE shall carry and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work performed by LICENSEE or on LICENSEE's behalf by its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles). Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Other Insurance Provisions The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status LICENSOR, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of LICENSEE including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to LICENSEE 's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, LICENSEE 's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE's insurance and shall not contribute with it. Notice of Cancellation Page 66 of 67 Each insurance policy required above shall provide that coverage shall provide thirty (30) days' prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR. Waiver of Subrogation LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or LICENSOR. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current AM Best's rating of no less than A:VII, unless otherwise acceptable to LICENSOR. Verification of Coverage LICENSEE shall furnish LICENSOR with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE 's obligation to provide them. LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location. Special Risks or Circumstances LICENSOR reserves the right to modify these requirements once per renewal term period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. Page 67 of 67 Page 1 of 2 A`oRo® CERTIFICATE OF LIABILITY INSURANCE DATE 03/27/2025 7/2025 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 Willis Towers Watson Northeast, Inc. c/o 26 Century BlvdINC.Net- P.O. Hox 305191 CONTACT Crown Castle Inc. NAME: PHONE FAX E-MAIL COIRequescicrowncaetle.com ADDRESS: INSURERS AFFORDING COVERAGE NAICa Nashville, TN 372305191 USA INSURERA: ACE American Insurance Company 22667 INSURED Crown Castle Inc. INSURER B INSURERC: Sae Attached Named Insured List INSURER D: 8020 Katy Freeway Houston, TX 77029 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: W38382427 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUSR J= mn POLICYNUMBER POLICY EFF MM/DDIYYYn POLICY UP IMM/D[bYYYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE Fx] OCCUR DAfvIAGE TO RENTED PREMISES Ea occunence $ 1,000,000 MED UP (Any oneperson) $ 10,000 A Y Y MO G40933889 04/01/2025 04/01/2026 PERSONAL S ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 GENT X POLICY JECTPRO- ❑ LOC PRODUCTS -COMPIOPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT We accident $ 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y I82k H11357131 04/01/2025 04/01/2026 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 MESS UAB CLAIMS -MADE Y Y XEUG47458262 002 04/01/2025 04/01/2026 OED X RETENTION$ 25,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNERJEXECUTVE OFFICERJMEMBEREXCLUDED? No (Mandatory in Hill NIA Y WIR C72611251 04/01/2025 04/01/2026 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 191, Additional Remarks Schedule, may be attached If more space Is required) BU#845344 - DOWNTOWN SANTA ANA, 1104 CIVIC CENTER DRIVE, SANTA ANA, CA 92703 (951 3/4 West 6th Street). Tu Tran arotlyag" APPROVED „eawn Nguyenp=,.,Tmv ByTuTranNguyen at10d5am,Apr 01,2025 ralsuauras• CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF SANTA ANA PO BOX 1988 AUTHORIZED REPRESENTATIVE PARKS RECREATION AMID CONNONITY ATTN ROBERT CARROLL SANTA ANA, CA 92702 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD sa m: 27488978 Ra,=-: 3893029 AGENCY CUSTOMER ID: LOC #: .�co ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willie Towers Watson Northeast, Inc. Crown Castle Inc. See Attached Named Insured List 8020 Katy Freeway POLICY NUMBER Sea Page 1 Houston, TX 77024 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 23 FORM TITLE: Certificate of Liability Insurance City of Santa Ana, its officers, agents, employees and volunteers are included as Additional Insureds under the General, Automobile, and Excess Liability policies as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured. General, Automobile, Excess Liability, and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insureds when required by written contract and as permitted by law but always subject to the policy terms, conditions and exclusions. General Liability and Umbrella/Excess Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds, as required by written contract. Auto Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. ACORD 101 (2008/01) All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27488978 BATCH:3893029 CERT: W38382427 CROWN CASTLE. INC. 3124R025 AlrComm al Avon. LLC Global Sgnal Operating Partnership, LP Assurable Insurance LLC GoldenStaie Towers LLC Atantic Coast Communications LLC GSSavings Inc. CC Edge LLC GSPN Intangibles LLC CC Holdings GSV LLC Point Management Co. LLC CC Site Acquedn"ns 11 LLC oveis LLC CC Strategic Investman[Corp. JI.C tate tower Communications LLc CCTMPALLC oastal City Towers LLC CCTowers Guamntor LLC Tower ClearinghouseLLC CCTowers Holding LLC Md] Capitol one, LLC CCATT Holdings LLC MIW CeIIRMt 1 LLC CCATTLLC MIW Callm l LLC CCATT PR LLC OF LLC CCGS Holdings cam. OP2 LLC CCPR Vl Tower Newco LLC Pinnacle Towers Acquisition Holdings LLC CGS & LLC Pinnacle Tawers Acquisition LLC CUM Holdings LLC Pinnacle Towers Asset Holding LLC CCTMI LLC Pinnacle Towers Canada Inc. CCTM2 LLC Pinnacle Towers III LLC CCTMO LLC Pinnacle Towers Limited CCVK LLC Pinnacle Towers LLC Coms"Venture,Inc. Pinnacleia usVInc. Caverage Plus Antennas Systems LLC PR Site Development Corporation Craven Atlantic Compary LLC Radio Station WGLD LLC Craven Castle AS LLC Shafler&Msoclares, Inc. Crown Castle Atlantic LLC Sides Networks UK Umited (UK) Crown Castle CA Carp. Sierra Towers, Inc. Crown Castle Fiber Ememrise LLC Tower Development Corporation Crown Castle Fiber Holdinha Cam. Tower Systems LLC Crown Castle Fiber LLC Tower TechnoagY Company of lecgsorMRe LLC Crown Castle US ill Cam. Tower Ventures Ill LLC Craws Castle GT Company LLC owerOne Partners, LLC Crown Castle GTCom. TdStar Investors LW Crown Castle GT Holding Sub LLC TVMTLUC Crown Castle Inc. fWa Crown Castle International Conn. WCP Wireless Lease Subsidiary. LLC Craven Castle LLC WCP Wireless Site Funding LLC Crown Castle Investment Corp. WCP Wireless Site Holdco LLC Crown Castle investment 11 Corp. WICP Wireless Site Non -RE Funding LLC Crown Castle MU LLC WCP Wireless Site Non -RE Holdco LLC Crown Castle MUPALLC WCP Wireless Site RE Funding LLC Crown Castle NG East LLC WCP Wireless SRe RE Holdco LLC Crown Castle Operating Company FiberTechnolles Nelwarks L.L.C. N Crown Castle Operating LLC Fibernet Direct Flanda LLC Crown Castle Orlando Corp. Fibernet Direct Holdings LLC Crown Castle PR LLC Flhemet Direct TEL LLC Cmwn Castle PR Holdings LLC Fibemet Direct Texas LLC Crown Castle PR Solutions LLC Fiber ech Holdings Corp. Crown Castle Puerto Rico Corp. Flbe arch Nerwrks, LLC Crown Castle Solutions, LLC Freedom Talecommun em ons, LLC Crown Castle South LLC Global Signal Services LLC Cmwn Castle Towers ITS LLC IntraSou ce FL LLC Crown Castle Towers 05-2 LLC WSIIE Fiber of Virginia LLC Crown Castle Towers 0S LLC inSITE Soulons LLC Crown Castle Towers LLC 1R(2Centeq LLC Crown Castle USA Inc. 11((2 Wilshim, LLC Crown Communication LLC JSCM Towers LLC Crown Communication New York, Inc. Lightlowar Fiber New York, Inc. (NY) Fibedech Facilities Corp. Ugt Tower Huliingg LLC Global Signal Acquisitions 11 LLC UghtTowar Management, Inc. Glog AtnVLLCuhons1 Ugt Tower Metro Fiber LLC Glob l alSignalAcqu Ughtowr Flber lnhastrUCNreCorp. Gobal Signal Acquisitions LLC Ug lower Fiber Networks 1, LLC Global Signal GP LLC Ugaower Flber Networks I1. LLC nikJa Cmwn Castle Fiber LLC Global Signal Holdings 111 LLC ILL Q1-16, LLC CROWN CASTLE, INC. W412025 Nanded Insured (coal.) LTS Buyer LLC Merged Entities to Crown Castle Fib., LLC 2411 Chesapeake Holdings, LLC LTS Group Holdings LLC Wk/a C rown Castle Fiber Holdings Com 24 Mid -Atlantic Network of Virginia, LLC LTS Intermediate Holdings A LLC 4/7 Mid -Atlantic Network, LLC LTS Intermediate Holdings B LLC Access Fiber Group Holdings LLC IS Intermediate Holdings C LLC Access Fiber Group, Inc. Mobile Media Caldomla LLC CA-CLEC LLC Mobile Media National LLC CC Castle Invur ationai LLC Modeo LLC CC Edge Solutions LLC NEON Tmnscom. I nc. CC Finance LLC NewPoth Networks Holding LLC CC FN Holdings LLC NewPath Nerwrks LLC CC Sunesys Fiber Networks LLC My- CI -EC LLC cc.rs LLC P3 CH&1. LLC CCPEAcquisitlans LLC P3 Holdings 2014 LLC CC12 HaMings LLC P3OASA-I, LLC Chesapeake Fiber. LLC P3 PBA4, LLC Coastal Antennas LLC PA CLEC LLC Cross Connect Solutions, lnc.IPAt Rnnacle San Antonio L.L.C. Crowd Castle Atlantic LLC Pinnacle St. Louis LLC Crown Castle Au dste LLC PR MC Comora0 ut Crown Castle BP ATT LLC Princeton Ancillary Seatices 11 LLC Crown Castle International Corn. de Puerto Rico Princeton Ancillary Services 111 LLC Crown Castle MM Holding Corp. Skiers Nelworks, Inc. Crown Castle MM Holding LLC Sunesys Enterprise LLC Wide Crown Castle Fiber Enterprise LLC Crown Castle NO Allanbc LLC Sunesys of Massachusetts, LLC Crown Castle NO Atlantic LLC Sunasys of Virginia, Inc. Crown Castle NO Central LLC So..,. LLC Crown Cagle NO Networks LLC Thunder Towers LLC Crown Castle NO West LLC TowarOne 2012, LLC Crown Castle PT Inc. TowerOne Allentown 001. LLC Crown Cagle Services LLC TowerOne Be ibehern 001, LLC Crown Castle TDC LLC TowerOne Doylestown. LLC Crown Castle T1A LLC TowerOne East Rockh10001. LLC Crown Mobile Systems, Inc. awerOne Mar Ie. LLC DASDevelo meat Corporation TowerOne Middletown 001, LLC POP Tower Group, LLC owerOne Middletown 002. LLC ow rrOne Middletown 003, LLC TowerOne North Coventry, LLC owid0ne Richland LLC Tows,Cne Upper Pottsgrove 002, LLC owerOne Upper Pottsgrove, LLC owerOne Warminster 001, LLC owerOne Warrington 002, LLC Towers Finco II LLC Towers Finco III LLC Towers Finco LLC WA-CLECLLC Wllcan Holdings LLC Wilcon Operations LLC Wilshire Ci nnectloo, LLC Wlrstlire Services, LLC reless Funding, LLC Wireless Really Holdings 11, LLC Wireless Revenue Properties, LLC Yankee Metro Parent, Inc. BOZO Italy Freeway Realty LLC POLICY NUMBER: HDO G48933889 1 Endorsement Number: 4 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract. prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2• 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: HDO G48933889 1 Endorsement Number: 3 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you are performing work for such Include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 3712 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: HDO G48933889 1 Endorsement Number: 5 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. 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 against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organizatlon(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Workers' Compensation and Employers' Liabilitv Policv Named Insured Endorsement Number CROWN CASTLE INC. 1500 CORPORATE DR Policy Number CANONSBURG PA 15317 Symbol: WLR Number: C72611251 Policy Period Effective Date of Endorsement 04-01-2025 TO 04-01-2026 04-01-2025 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information Is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 any one not named in the Schedule Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. 5;� � Authorized Agent WC 00 03 13 (11/05) 0 Copyright 1983-2017 National Council on Compensation Insurance, Inc. All Rights Reserved. POLICY NUMBER: ISA H11357131 1 Endorsement Number: 2 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crown Castle Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 4410 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured .Crown Castle Inc. Endorsement Number 1 Polley Symbol Policy Number Policy Period Effective Date of Endorsement ISA H11367131 04/01I2025 To 0410112026 Issued By (Naive of Insurance Company) ACE American Insurance Company insert the colmV number, The remainderottntinfo rma ion Is to be comploted only whun 6 is endorsement is Issued subsequentlo 1hb preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s); Any person or organization whom you have agreed to include as an additional Insured under a written contract provided such contract was executed prior to the date of loss_ A. For a covered "auto;°Who Is Insured is amended to include as an "Insured," the persons or organizations named in this endorsement, However, these persons or organizations are an "insured" only for "bodily injury" or "property damage' resulting from acts or omissions of; 1. You, 2, Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "empicyees" or agents. B. The persons or organizations named in this endorsement are not liable for payment o gy pre�nyu . Authorized Representative DA•91-174 (03116) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Crown Castle Inc. Endorsement Number 3 Policy Symbol Policy Number. Policy Period Effective Date of Endorsement ISA I HI1357131 04/01/2025 To 04/01/2026 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the ryolicy number. The remeinder ofthe Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to Its expiration date by notice to you or the first Named Insured for any reason other then nonpayment of premium, we will endeavor, as set out in this endorsement to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be In addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and In accordance with the cancellation provisions of the Policy. S. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule In the event of a pending cancellation of coverage, We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organizatioh(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative wlll in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Palley. You will cooperate with us in providing the Schedule, or In causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL-32686 (01/11) Page 1 of 1 POLICY NUMBER: ISA H11357131 1 Endorsement Number: 4 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement, A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Fo'rm's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured' under your policy provided that: 1. Such "Insured" is a, Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary; This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your polio provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance available to such "Insured". CA 04 4911 16 fl Insurance Services Office, Inc„ 2016 Page 1 of 1 Usage 1 of 2 ACORD RATR {€'iliMIDDlyYYY) CERTIFICATE OF LIABILITY INSURANCE 43;i5/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS PPON THE: CERTIFICATE HOLDER, THIS CERTIFICATE DOER NOT ARFIRMATIVELY OR NE ATIVRL.Y AMEND,: EXTEND OR ALTER T14E COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE Or INSURANCE DOES NOT CONSTITUTE A CONTRACT ORT'WEIEN THE, ISSUING INSORES(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IIVIPORTANTt If the cerfiflcalte holder Is an ADDITIONAL INSURED, the policy(les) must have, ADDITIONAL. INSURED previsions or be endarsed, If SUBRO43ATION IS WAIVED, subject to the terms and conditlons of the policy, certain policies may require an andorserment. A statement an this certili+rsto does not.confer rights to the certificate holder In lieu of such erldorsamen#(s . i'RbD.UCLr�CONTACT Crown Castle trio Oilli;a Tower Watacr+ Northesaet, Inc,-- 01626 doiltVry. Blvd tAlfC No. sk0 � � - _ EPa4ixC.Na):—_� 17.0. Box'90Ti191 T Cd Pe a�estL.arowrneastZs.oOm �. Naahvillo, TN 372305191 TPSA[NSUREr1(SI�A�FORIJINGCOVEIgA.q� i NA1C# 14Gm American Tnsurauce Co 1 .------ _.--- -- - INSURERA; mpany. — _._..,....I 22SiS7 INSUI18t7 ___. INSURERFII. AM! PxapeVty & 04OU4ty'Xnsurance CompanyT --2069S Cr'dwn Castle 1'na, goo Att&ohed Named insured Ust 802'Q Katy Freeway INSURCHD I nouston,. TX 17024 L:CfvVRAnIVA CERTIFICATE NUMBER.- W45074401 REVISION NUMBER! THE5 i.5 TO CERTIFY THATTHL POLICIE8 QJ INSURANCE L18TED 5eL0Vd HAVC perm ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDicKrEE). NOTWITHSTANDING ANY H4 QUIREMENT, TERM.OR CONDITION 05 ANY CONTRACT OR OTHER DOCUMItNT WITH! RESPECT TO WHICH THIS CERTIFICATE MAY M. ISSUED OR -:MAY PERTAIN, THE INSURANCE AGI=OMDEfl BY THE POLICIES :DESGRIBED HEREIN IS StJBJEi:T TO ALL THE TERMS, RXGLUiSIONS AND CON. ofTIONS OF SIJCHI POLICIOS, �LIMiTS SHOWN MAY HAVE BEEN 'I EOUCIrL BY PAID CLAIMS, UM1TS SHOWN ARE INCLUSIVE OF AMOUNTS 1 ed(JE8TED OY THE CERTIFICATE HOLDER AND MAY NOT R 0LECT POLICY I I MIT AMOUNTS IN EXCESS OF THOSE REQUESTED. `Nat Applicable in WY INSIR.... —�1'YP E i)I INSU1iANCE �_.__ � R P26 CY NU 8LR p "MY F g1YYY 61 CC Q_V. Y VI EINITs Sl1�H 00_ ' NRENCC P3PJ15 "�(E g�cur'encc ^ S 2, dOQ r 00U _S 1,000;060: X 0MMURdAL CrwgRAL LIABILITY OLAIM-S,MAC) E AI OCCt7R 3 Iw CAP (my ap4 perean) - $ 1L1 Y 00.0 Y 1100 048933809 04101/2025 05/01/2026 PFHS0NAI:.&Aoy INJURY $ 21000,0_40 iEN'LAGp11ECATE LIMIT APPLIES: PEn: PRO. f'4Lf(;Y EJECT Lar, OEN CiALACOIiEGhIL 4,006,0 0 PROL3UCT5 • GOMP;OP AGO S — d OTHER; AUTOMOBILE LIABILITY O BI G1u NCLS LI IT S 2,btlU,f}00 BODILY INJURY (Perpeeson) 8 " ANYALITO A — O'V SCHrDULED AUTiEONLY AUTOS HIRED NOWOWNkIJ AUT% ONLY AUT08 ONLY 7 y 78A H1.1351131 04/01./2025 06/01:/2026 BODILY "INJURY (Per aootdorit) IF.6rK0TVi74EfS 0_.— � I UMSRIiLLA.LIAS �X 00OUfl F400:SSUA11 Ilkltvl PAAdE Y Y, XMU.0474IB8E62 00R 104/01/2025 09/01/2026 I?ACHOGCLnFTI NCC AC1013FOnTF 5,000,000 �?,agC7.,4bt3 T DI> C7FNT1 t. 26,0gtl .� II A WORKERS COMPENSATION. AND EMPLOY�Ei6' LIABILITY . ANYPRO R F ro.rvPARINCNlf XECUTIVE YI IJ OFKUt RJEMBi I1LX0LUUE:0? No . (Mandatory in NH IIu a, dgscl to under,. f3��ORIPr N I C31 LFIATIO:N6.0DIcw N J A Y %LR C7261.2176 04/01/2.02.6 05/0112026 77. �TAT�TE �I�H B L EAGII AC�IpEidT _. ..._ ._ .._.. 8 1, 000, 00Q. f I., DI$EASE • EA EMPLOYEE y,00tl,OtiO $ _ - E.t., DI&EA85- POLICY LIMIT y r0U0,QAf] $ FAPPROVED By Tu Tran Nguyen at 8:38 am, Apr 15, 2026 DESCAWTEON OA OPERATIONS! LOCATIONS d VgfliCLES (ACOAD 101, AddIllonal Remarks 6rhedul%may be dtteahed If more space 1s required) The rallenthas extended thei:.x policies such that coverage now expires on 5/l/2026. All tezme, conditions, and endorsements have .been extended to align 'with the new extpXratd.on dates. 8IT#00344 - DOWNTOWN SAN.TA ANA, 1104 CIVIC CENTEIR DRIVE, 4ANTA ANA, CA 92703 (951 3/4 Wewst 6th Street) . ",itY oP Santa Ana, its ofi`icers, agents, employees and volunteers are included as Additional insureds under the SHOULD ANY OF THE ABOVE DESCRISI LD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. TI S411OF, NOTICE WILL BE DFLIVCRK) IN City of Santa Ana: ACCORtiANCE, WITH'T14E POLICY PROVISIONS. Parks Recreation: and. Community Attn Robert Carroll AUiWlC1�IIZEDREpRE98NTAiIVE Ed 30K 1908 Santa Ana, CA 92702 D9n 1� Q '1988.2025 ACORD CORPORATION. All rights reserved. ACORD 25 (2025112) The ACORD name and logo are registered marks of ACORD sa ID: 29626546 DATCH; 4277635 21041: 2 of 6 AGENCY CUSTOMER 1D: LOG ADDITIONAL REMARKS SCHEDULE lugs 2 of ACIEMC V NAMUD INSURIED Willis Tower8 Watson Nortboast; xnca Croun Castle Inc. -T� See Atta'W-Wd NdMed ihoured Liat POLICY NUMUR S020 ftty Irreaway S" paime 1 ft"at.on, TX 77'02 F CARRIER Sae Pages 1 MAID CODE - See Page l ±VFEGTVCOATt See V,5. I ADDITIONAL REMARK THIS ADDITIONAL REMARKS PORM IS A SCH lWC7ULE TO ACOAD FOAM, _FORM NUMBER, _., �6 FORM TITLE: CertiEiaate off' liability Xrws"ranae Genexal,TLiability as�t heir interest may appearand as regtzi.red by written agreement and µonly with respeot to the liability arisi g a it of the operations potformed by or on behalf of the Named Insured. City of Santa Ana, its agents, omploymas and vol.uni e"re are 1-noluded as Additio4al '7Xnvurad4g as x:espoct s to 3#uta Liability Cy 40 their txt real rmy appear and as required by written agreement and only with respect to the liability arising out; of they operations parf-ormod by or on behalf of the Named lnaured: C ty ok Santa Aria, its rattiCers, agents, exnploymas and voluntoerh are inUwddwd as Additioraal Insurads as speats to Wbrell.a/Excess Li abilLty their interest may appoar and as regr ixekd. by written agreement: and only with respfwot to the liability a#rieing out: of tho operations performed by or on bo'ha.l:f of the Named Insured. It is further agreed that such Inauxanue as is afforded shall be ;primary and Non-Contributor.y.wi+th any other insur^alloe in force for or wrhiols may be puroba.sed by Addltidnal :lilsuveds if agreed in written nantxsdt a4:nexal Liability, Auto ti:abil:ity, tlmbr:ello/Nxoes,s Liability and workers Co"naatlon include a wai..vvx of subrogation is favor of the Additional. Insurads when agreed in written contract prier to the lass, but always subject to the Volloy terms, conditions and exolusiona as permitted by lawn. i ACORD 101 (2008I01) 4 2008 ACORD CORPORATION. All Y.ighis reserved. The ACORD name and logoare registered marks of ACC1,HD SK sp: 29626546 l3x►TM 43776:1a CHRT: W45074401 21041: 2 of6 I CROWN CASTLE. INC. 4M2025 AirComm of Avon, LLC Global Signal Operating partnership, LP Assurable Insurance LLC GotdenState Towers LLC Atlantic Coast Communications LLC GSSavings Inc. CC Edge LLC GSPN Intangibles LLC CC Holdings GSVLLC High Point Management Co, LLC CC Site Acquisitions II LLC IC® Towers LLC CC Strategic Investment Corp. Interstate Tower Communications LLC CC TM PA LLC Intracoastal City Towers LLC CC Towers Guarantor LLC Light Tower Clearinghouse LLC CC Towers Holding LLC Md7 Capitol one, LLC CCATT Holdings LLC MIW Cell Raft I LLC CCATT LLC MIW Cell TRS I LLC CCAT r PR LLC OP LLC CCGS Holdings Corp. OP 2 LLC CCPR VI Tower Newco LLC Pinnacle Towers Acqu isition Ho Idiirgs LLC CCS & LLC Pinnacle Towers Acquisition LLC CCTM Holdings LLC Pinnacle Towers Asset Holding LLC CCTMI LLC Pinnacle Towers Canada Inc. CCTM2 LLC Pinnacle Towers III LLC CCTMO LLC Pinnacle Towers Limited CCVX LLC Pinnacle Towers LLC ComSite Venture, Inc. Pinnacle Towers Inc. Coverage Plus Antennas Systems LLC PR Site Development Corporation Crown Atlantic Con-i1I LLC Radio Station WGLD LLC Crown Castle AS LLC Shaffer & Associates, Inc. Crown Castle Atlantic LLC Sidera Networks UK Limited (UK) Crown Castle CA Corp, Sierra Towers, Inc. Crown Castle Fiber Enter rise LLC Tower Development Corporation Crown Castle Fiber Holdings Corp. Tower Systems LLC Crown Castle Fiber LLC Tower Technology Company of Jacksonvilte LLC Crown Castle G511) Corp, Tower Ventures III LLC Crown Castle GT Company LLC TowerOne Partners, LLC Crown Castle GT Corp. TriStar Investors LLC Crown Castle GT Holding Sub LLC TVHT LLC Crown Castle Inc. flkla Crown Castle International Corp. WCP Wireless Lease Subsidiary, LLC Crown Castle LLC WCP Wireless Site Funding LLC Crown Castle Investment Corp. WCP Wireless Site Holdco LLC Crown Castle Investment 11 Corp, WCP WlrelessSite Non -RE Funding LLC Grown Castle MU LLC WCP Wireless Site Nan -RE Hotdco LLC Crown Castle MUPA LLC WCP Wireless Site RE Funding LLC Crown Castle NG East LLC ° WCP Wireless Site RE Hotdco LLC Crown Castle Operming Company Fiber Technolies Networks L.L.C. N Crown Castle Operating LLC Fibernet Direct Florida LLC Crown Castle Orlando Corp. Fibernet Direct Holdings LLC Crown Castle PR LLC Fibernet DlreciTEL LLC Crown Castle PR Holdings LLC Fibernet Dire ctTexas LLC Crown Castle PR Solutions LLC Fibertech Holdings Corp. Crown Castle Puerto Rico Corp. Fibertech Networks, LLC Crown Castle Solutions LLC Freedom Telecommunications, LLC Crown Castle South LLG Global Signal Services LLC Crown Castle Towers 05 LLC Inf raSource Fl, LLC Crown Castle Towers 06-2 LLC InSITE Fiber of Virginia LLC Crown Castle Towers 00 LLC InSI TE Solutions LLC Crown Castle Towers LLC 1X2 Center, LLC Crown Castle USA inc. IX2 Wilshire, LLC Crown Communication LLC JBCM Towers LLC Crown Communication New York, Inc. Light Tower Fiber New York, Inc. (NY) Fibertech Facilities Corp, LlghtTowet Hotdings LLC Global Signal Acquisitions it LLC Light Tower Management, Inc. Global Signal Acquisitions ill LLC LlghtTower Metro Fiber LLC Global Signal Acquisitions lV LLC Lightower Fiber Infrastructure Corp. Global Signal Acquisitions LLC LightowerFibef Networks#, LLC Global Signal GP LLC Lightower Fiber Networks II, LLC n1k1a Crown Castle Fiber LLC Global Signal Holdings III LLG LL Q1-18, LLC 1 21041: 3 ° of 6 CROWN CASTLE, INC. 417/2025 LTS Buyer LLC 24/7 Chesapeake Holdings, LLC LTS Group Holdings LLC n/k/a Crown Castle Fiber Holdings Corp 24/7 Mid -Atlantic Network of Virginia, LLC LTS Intermediate Holdings A LLC 24/7 Mid -Atlantic Network, LLC LTS Intermediate Holdings B LLC Access Fiber Group Holdings LLC TS Intermediate Holdings C LLC Access Fiber Group, Inc. Mobile Media Cadfomia LLC CA - CLEC LLC Mobite Media National LLC CC Castle International LLC Modeo LLC CC Edge Solutions LLC NEON Transcom, Inc. CC Finance LLC NewPath Networks Holding LLC CC FN Holdings LLC NewPath Nervorks LLC CC Sunesys Fiber Networks LLC NY - CLEC LLC cc -rs LLC P3 CHB-1, LLC CCPE Acquisitions LLC P3 Holdings 2014 LLC CCT2 Holdings LLC P3 OASA-I, LLC Chesapeake Fiber„ LLC P3 PBA-1, LLC Coastal Antennas LLC PA-CLEC LLC Cross Connect Solutions, Inc. (PA) Pinnacle San Antonio L.L.C. Crown Castle Atlantic LLC Pinnacle St, Louis LLC Crown Castle Augusta LLC PR TDC Corporation Crown Castle BP ATT LLC Princeton Ancillary Services ll LLC Crown Castle International Corp. de Puerto Rico Princeton Ancillary Services III LLC Grown Castle MM Holding Corp. Sidera Networks, Inc. Crown Castle MM holding LLC Sunesys Enterprise LLC n/k/a Crown Castle Fiber Enterprise LLC Crown Castle NG Atlantic LLC Sunesys of Massachusetts, LLC Crown Castle NG Atlantic LLC Sunesys of Virginia, Inc. Crown Castle NG Central LLC Sunesys, LLC Crown Castle NG Networks LLC Thunder Towers LLC Crown Castle NG West LLC TowerOne 2012, LLC Crown Castle PT Inc. TowerOne Allentown 001, LLC Crown Castle Services LLC TowerOne Bethlehem 001, LLC Crown Castle TDC LLC TowerOne Doylestown, LLC Crown Castle TLA LLC Towerone East Rockhill 001, LLC Crown Mobile Systems, Inc. Towerpne Marple, LLC DAS Development Corporation Towerone Middletown 001. LLC ROP Tower Group, LLC Towerone KdWetcwn 002, LLC Towerone Middletown 003, LLC Towerone North Coventry, LLC TowerOne Richland, LLC Towerone Upper Pottsgrove 002, LLC Towerone Upper Pottsgrove, LLC s Towerone Warminster 001, LLC Towerone Warrington 002, LLC Tower-, Finco II LLC Towers Finco III LLC Towers Finco LLC WA-CLEG LLC Wilcon Holdings LLC Wllcon Operations LLC Wilshire Connection, LLC Wilshire Services, LLC Wireless Funding, LLC Wireless Realty holdings II, LLC Wireless Revenue Properties, LLC Yankee Metro Parent, Inc. 8020 Katv Freewav Realty LLC 2 21041: 3 of 6 POLICY NUMBER: HDO G48933889 1 Endorsement Number: 4 COMMERCIAL GENERAL LIABILITY CO 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(5) Of Covered Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract, prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodjly injury", "property damage" or "personal and advertising injury" caused, in whole or in past, 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 for the additional insured(s) at the location(s) designated above. However: S. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the C. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds, the following is added to Section III -- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we CG 2010 1219 U Insurance Services Office, Inc., 2018 Page 1 of 2 21041: 4 " ur61 WHI pay .on behalf of the addilional insured is the arnount ofinsurance; 1. Required by the contract.or agmernent,, or 2. Malable under the applioeble limits of insurance,-. whichever is le.s6. This endorsement shall not increa5e the applicablo limits of [mrance, Page 2 of 2 C Insurance Services Of Inc., 2018 CG.20 10 12 19 21041: 4 of 6 POLICY NUMBER: HDO G48933889 1 Endorsement Number: 3 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Narne Of Additional Insured Person(s) Or Organi—f-1—fel Location And Description Of Completed Operations Any person or organization whore you have agreed to All locations where you are performing work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations_ A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard" However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG20371219 O Insurance Services Office, Inc., 2018 Page 1 of 1 21041: 5 ` of 61 POLICY NUMBER: HDO G48933889 1 Endorsement Number: 5 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAVIER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organizations):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Lis of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG24041219 9 Insurance Services Office, Inc., 2018 Page 1 of 1 21041 5 of 6 POLICY NUMBER: ISA H11357131 1 Endorsement Number: 2 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crown Castle Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. j Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization, CA04441013 0 Insurance Services Office, Inc., 2011 Page 1 of 1 21041: 6 of 6 Workers' Comnensation and Emolovers' Liabilitv Policv Named Insured Endorsement Number CROWN CASTLE INC. 1500 CORPORATE DRIVE Policy Number CANONSBURG PA 15317 Symbol: WLR Number: C72612176 Policy Period Effective Date of Endorsement 04-01-2026 TO 05-01-2026 04-01-2026 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. { ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative WC 90 03 75 (05/18)