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OMNIPOINT COMMUNICATIONS, INC. 2 - 2005
A-2005-292 I1WaURANCE NOT QA FILE WORK MAY NOT PROCEED LAND LEASE AGREEMENT BETWEEN CLERK OF COUNCILTHE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC. for DATE::) , 31 - t �- Madison Park 6:5'z,�40I11 t33 This Agreement, made this 5th day of December, 2005 between the City of Santa Ana, a charter city and (_ '_#ft rtfl j) municipal corporation organized and existing trader the Constitution and laws of the State of California hereinafter designated "LESSOR" and Omnipoint Communications Inc., a subsidiary of T -Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Madison Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1528 South Standard Avenue, Santa Ana CA, and being described as a 12' by 27' parcel containing 324 square feet and space required for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way, to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit `B" attached hereto and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an alternative right-of-way either to LESSEE or to the public utility, subject to LESSOR's approval of location and size of said alternative right-of-way, at no cost to LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit `B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be home by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall be abated until thirty (30) days after the issuance of a building permit or until twelve (12) months after the date of execution of this Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then -current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of three percent (3%) per year, to be increased on each anniversary of the Commencement Date. 6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon execution of this Agreement, a one-time, non-recurring, non-refandable payment equal to one (1) month's rent. 7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks Recreation and Community Services as follows: after the expiration of the original term, LESSOR reserves the right to deny any such extension, by providing no less than six (6) months prior written notice before the extended term Site#: LA02901A Sitc Namc: SC451 Madison Park Market: Califomia ends, if the LESSOR determines, in its reasonable discretion that LESSEE's continued tenancy would not be in conformity with the LESSOR's intended use of its Property at such time. LESSEE may decline its option to renew at the end of the then -current term by giving LESSOR written notice of the intent to terminate at least thirty (30) days prior to the end of the then current term. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (as defined below and in Exhibit D, attached hereto) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the Executive Director of the Parks, Recreation and Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits Site#: LA02901A 2 Sitc Name: SC451 Madison Park Market: California retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the replacement of missing branches or the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. INDEMNIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability (`Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. if LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1)name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed (`Pre -Existing Site#: LA02901A 3 Site Name: SC451 Madison Park Market'. California Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre -Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits and foundations may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in as -is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non -disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises dining this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17, QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary, and to lease Tower 2, as set forth in Paragraph 25, below. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its Site#: LA02901A 4 Site Names SC451 Madison Park Market: California own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage cause by LESSOR. This time period may be extended with written authorization from the Executive Director of Parks and Recreation. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either 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. Site N: LA02901A 5 Site Name: SC451 Madison Park Muket: California 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT. A. LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. B. LESSEE and LESSOR acknowledge and agree that LESSEE will install facilities that will consist of two separate communications towers and equipment rooms. LESSEE further agrees that LESSOR, and not LESSEE, shall retain ownership and is responsible for the maintenance and repair of the second Tower and the equipment room associated with that Tower ("Tower 2"). Further LESSOR shall retain the authority and absolute right to enter into a LEASE AGREEMENT with a second mobile/wireless communications provider ("LESSEE 2") to utilize Tower 2. The Lease Agreement for Tower 2, shall include a provision that prior to commencement of the Lease Agreement for Tower 2, LESSEE 2 will reimburse LESSEE for a pro rata share of the construction costs incurred by LESSEE in constructing the facilities. Pro rata share is defined by the number of wireless carriers on the second Tower. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Executive Director Parks, Rec. & Community Services (M-23) 888 W. Santa Ana Blvd. Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Attorney Copy to 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 LESSEE: T -Mobile USA, Inc. 12920 SE 38`h Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Atm: Legal Dept. Copy to: OMNIPOINT COMMUNICATIONS INC., a subsidiary of T -Mobile USA, Inc. (Site #: LA02901A) 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 Atm: Lease Administration Manager Site#: LA02901A Site Name: SC451 Madison Park Markct California Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime after the expiration of the original term, LESSOR shall have the one-time right, upon redevelopment of the Property, to relocate LESSEE's Facilities to alternate space within the Property, if available; provided however, that such relocation shall (1) be at LESSOR's sole cost and expense, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSEE, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have a period of not less than twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment should the Premises be needed for a governmental purpose. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non -monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and Site #: LA02901A Site Name. SC451 Madison Park Market: Califomia dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. Site#'. LA02g01A 8 Site Name: SC451 Madison Park Market California 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE / REPAIR (Not applicable to free-standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non -disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to LESSOR, or (iv) the Property or LESSEE's Facilities are, or become, unacceptable under LESSEE's design or engineering specifications for LESSEE's Facilities or the communications system to which LESSEE's Facilities belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (v) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Sitc# LA02901A Site Name: SC451 Madison Park Marko: Califomia C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. D. LESSEE shall be permitted to him the trees on the Property to the extent necessary for the operation of LESSEE's Facilities, provided that (i) any tree trimming work shall be performed only under the supervision of a licensed arborist, (ii) LESSEE notifies LESSOR in writing at least ten (10) days in advance of its intent to trim trees, and the Executive Director of Parks and Recreation or his designee approves in writing any proposed trimming, (iii) LESSEE agrees to trim any additional trees reasonably requested by LESSOR, and (iv) the tree trimming is at LESSEE's sole cost. LESSOR reserves the right to reasonably deny any request to trim trees, Sack'. LA02901A 10 Sitc Name: SC451 Madison Park Market: California IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA i ATRICIA E. HEA DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LAURA SHEEDY Assistant City Attorney LESSEE: OMNIPOINT COMMUNICATIONS INC., -�_a subsidiary Qt T-1kopile USA, Inc. By: Printed Name: Raj Tan Its: Area Di ect r, Engineering Date: Sito #: LA02901 A 11 Sitc Name SC451 Madison Park Marko Califomia EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 014-431-02 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: A PORTION O'r' THE LAND ALLOTTED TO F. W. KOLL 1N PARTITION OF 1H'E -RANCHO SAN'T'IAGO DE SAN'1A ANA, RECORD't;D IN BOOK "B" OE' . UL)GEVFINTS OF THE 17'T'H JUDICIAL COURT OF' LOS ANGELES COUNT", CALir'ORNIA, LOCA —kE D IN THE COUNTY 04' ORANGE, STAiE O'r' CALIF0E2NTA, DESCRI3E'D AS FOLLOWS: BEGINNING AT A 201141 ON THE CENTER LINE OF STANDARD AVENUE 1320.01 'r'EET SOUrHERL`1 FROM THE INTERSECTION O?' THE CE'NTE'RLINE 0r' STANDARD AVENUE AND MCFADDEN 'THENCE 89' 15' 09" 'WES'T 546.60 ^' ET''TO A POINT'; THENCE SOUTH 0' 37' 15" WEST 1127.70 "'ET T'0 A a0114I'; 1—HENCE SOL1T'H 89° 22' 45" ST 547.47 - E'1' '1'O A POINT; 'THENCE NORTH 0' 34' 10" EAST 1140.76 hEr'T TO THE POINT OF 3'CiNNING. Ae'"s 1C IS ti --REIN DESCRIBED LAND AND OTHER LAND. End of Legal De scrip'vion LESSOR INITIALS: LESSEE INITIALS: Site#: LA02901A 12 Site Name: SC451 Madison Park Market: California EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit `B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See the attached drawings dated 2/6/06, identified as Site Name Madison Park, Site Number LA02901-A, Sheets T- 1, LS -1, LS -2, C-1, C-2, A-1, and A-2. LESSOR INITIALS: LESSEE INITIALS: Site#: LA02901A 13 Site Name: SC451 Madison Park Market. California EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Siteg'. LA02901A 14 Site Name: SC451 Madison Park Market: Califomia EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on-site, parking, gates, etc. 4. For purposes of describing the Premises and LESSEE Facilities only, LESSEE is constructing two wireless/mobile communications towers and the equipment rooms necessary for each of the two towers. LESSEE is leasing a portion of the property to construct Tower 1 and its equipment room for its own purposes (as depicted in Exhibit B and referred to in the Agreement as the Premises). LESSOR reserves that portion of the Property upon which Tower 2 and its equipment room are located which shall not be part of the Premises or LESSEE'S Facilities. LESSOR retains the right to lease the reserved tower and equipment room to a second communications provider as set forth in Paragraph 25 in said LEASE. Site#: LA02901A 15 Site Name: SC451 Madison Park Markct California EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: 1. Ron Ono 2. Mike Lopez Address: 20 Civic Center Plaza M-23, Santa Ana, CA 92702 Daytime Phone No.: Ron: (714) 571-4220 Mike: (714) 571-4212 Facsimile No.: (714) 571-4209 24 -Hour Contact Ron: Cell (714) 231-6116 No.: Mike: Cell (714) 231-6112 Dispatch Center: N/A LESSEE'S TECHNICAL CONTACTS: Name: 1. Mehmet Oznar 2. Danny Bazerman Address: 3 Imperial Promenade, Ste Daytime Phone No.: (714) 850-2403 Facsimile No.: (714) 850-6620 24 -Hour Contact N.O.C. (888) 662-4662 No.: Dispatch Center: N.O.C. (888) 662-4662 Situ N: LA02901A 16 Site Name: SC451 Madison Park Market: Califomia 1100, Santa Ana, CA 92707 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2005 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications Inc., a subsidiary of T -Mobile USA, Inc., a Delaware corporation ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as Madison Park, 1528 South Standard Ave., Santa Ana, CA, 92707, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 2005, and incorporated herein by reference (the "Agreement') for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: City of Santa Ana By: Title:_ Address [FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION] Owner Initials Lessee Initials Site #: LA02901A 17 Site Name: SC451 Madison Park Market: California SCOPE OF WORK THE PROPOSED PROJECT ENTAILS: CONSTRUCTION OF A CONCRETE SLAB WITH (4) NEW T -MOBILE EQUIPMENT CABINETS INSTALLATION OF ANTENNAS MOUNTED ON A NEW MONOPALM COAX CABLE RUNS FROM EQUIPMENT TO PANEL ANTENNAS A 200A ELECTRICAL 4 TELEPHONE SERVICE TO EQUIPMENT 2001 CALIFORNIA SUILDINGT CODE 2001 CALIFORNIA ELECTRICAL CODE T ■ ■ Mobilem• AE)150N FAF APPROVALS CIVIL ENGINEER HOBART ST ELECTRIC COMPANY PRINT NAME SIGNATURE DATE CONSTRUCTION TELEPHONE COMPANY REAL ESTATE SEE DUr,. E -I m RILTE: 014) 550-3400 RF ENGINEER 11/15/05 NETWORK W PROPERTY OWNER WEST MISC. aaeorrnorsgimaririy�om Z Z SURVEYOR: SEp)OIA DEPLOYMENT SERVICES, AVC. BERT HAZE AND ASSOCIATES. R1C OTff VTITURE SUTIE 200 _b &IRVEY6 ( MAPPMG F B0 MCCOTdiICK AVTLIE, CLNIACT: FN GERST SM. NO. 10'1 SITE E BORCHARD AVE FAX: (%9)459-1555 -Bil E-MAIL: F"(114)551_1 FAWMW 551-I56S F)aul �eTet.eaYlu0le-b�r>n PROPERTY DINER E ELDER AVE", CITY OF SANTA A4bsM E ACCCMTMG R)LLERTON ENGT£ERRYa SSS W SANTA ANA BLVD, (2ND FLOOR) CQIBULTA ' 6l C. SANTA ANA. CA 91101 9100 W NIwm RD. SUITE 000 R101E: (114) 511-4200 R.06EMONT, IL 60015 CONTACT: S K*;O � PHONE: (B4l) 292-0200 X225 FAX: (%l) 252-0205 E-MAIL: e.NlleL ELECTRICAL ENGINEER ENGINEER, RILLERTON E I EWR CON9)LTANTS, NC. Q'� 0! MADISON,] K ROBEIICNT, IL 6000 CONTACT: SE 10 MA9C(Ad20 U " ' PAF21C z F FAX: ("I)292-0105 E-MAIL: e•n,Uenersgxuerxgvn SQUARE FEET OF LEASE AREA: ASSESOR'S PARCEL NUMBER: 216 5Q. FT. 014-431-02 ZONING: PROPERTY LEGAL DESCRIPTION PLEA5E SEE DUJG. LS -I FOR m COMPLETE LEGAL DE5CR E HOOD AVE,+; ADA COMPLIANCE: N/A NOT APPLICABLE FOR UEC 1103.1.1-1 OCCUPANCY CLA551FICATION: TYPE OF CONSTRICTION: N/A VN i E EDINGER AVE WZ Z NO SCALE VICINITY MAP T ■ ■ Mobilem• AE)150N FAF UTILITY APPROVALS CIVIL ENGINEER CONTACTS ELECTRIC COMPANY PRINT NAME SIGNATURE DATE CONSTRUCTION TELEPHONE COMPANY REAL ESTATE SEE DUr,. E -I ZONING RILTE: 014) 550-3400 RF ENGINEER 11/15/05 NETWORK REVISED LAYOUT PROPERTY OWNER WEST MISC. aaeorrnorsgimaririy�om CLIENT'S REPRESENTATIVE: UTILITY RECORD CIVIL ENGINEER CONTACTS ELECTRIC COMPANY TBD SEE DUG. E-1 TELEPHONE COMPANY TBD SEE DUr,. E -I 9/26/05 RILTE: 014) 550-3400 REVISED DRAWINGS PER CITY COMMENTS 11/15/05 FNCNE:(S4l) 29.Mm 015 REVISED LAYOUT 02/06/06 WEST E-MAIL: aaeorrnorsgimaririy�om CLIENT'S REPRESENTATIVE: SURVEYOR: SEp)OIA DEPLOYMENT SERVICES, AVC. BERT HAZE AND ASSOCIATES. R1C OTff VTITURE SUTIE 200 _b &IRVEY6 ( MAPPMG IRNNE, CA W60 SUBMITTAL RECORD CIVIL ENGINEER DESCRIPTI517- ZONIVIEW 9/9/05 IMPERIAL PROMENADE &)ITE 1100 FINAL 90% 9/19/05 9100 W. NIG3M5 RD. SUITE 000 CITY COMMENTS 9/26/05 RILTE: 014) 550-3400 REVISED DRAWINGS PER CITY COMMENTS 11/15/05 FNCNE:(S4l) 29.Mm 015 REVISED LAYOUT 02/06/06 WEST E-MAIL: aaeorrnorsgimaririy�om CLIENT'S REPRESENTATIVE: SURVEYOR: SEp)OIA DEPLOYMENT SERVICES, AVC. BERT HAZE AND ASSOCIATES. R1C OTff VTITURE SUTIE 200 _b &IRVEY6 ( MAPPMG IRNNE, CA W60 B0 MCCOTdiICK AVTLIE, CLNIACT: FN GERST SM. NO. 10'1 290-0602 COSTA MESA CA 92616 FAX: (%9)459-1555 -Bil E-MAIL: F"(114)551_1 FAWMW 551-I56S F)aul �eTet.eaYlu0le-b�r>n LA02SOI-A MADISON PARK 1528 S. STANDARD AVE SANTA ANA, CA 92"107 COUNTY OF ORANGE PROJECT DATA APPLICANT: CIVIL ENGINEER T -MOBILE N)LLERTON ENGINEERING ENGINEERING IMPERIAL PROMENADE &)ITE 1100 CONB)LTANTS, NC. SANTA ANA, CA 91101 9100 W. NIG3M5 RD. SUITE 000 CONTACT: TRAN5 HA^'IPICW (mBtTKTti. IL 60019 RILTE: 014) 550-3400 CONTACT: WFGIO MA9CgaF0 SOUTH FNCNE:(S4l) 29.Mm 015 SITE ELEVATIONS EAST 4 FAX, (MI)291-0205 WEST E-MAIL: aaeorrnorsgimaririy�om CLIENT'S REPRESENTATIVE: SURVEYOR: SEp)OIA DEPLOYMENT SERVICES, AVC. BERT HAZE AND ASSOCIATES. R1C OTff VTITURE SUTIE 200 _b &IRVEY6 ( MAPPMG IRNNE, CA W60 B0 MCCOTdiICK AVTLIE, CLNIACT: FN GERST SM. NO. 10'1 290-0602 COSTA MESA CA 92616 FAX: (%9)459-1555 -Bil E-MAIL: F"(114)551_1 FAWMW 551-I56S F)aul �eTet.eaYlu0le-b�r>n PROPERTY DINER STRUCTURAL ENGINEER: CITY OF SANTA A4bsM E ACCCMTMG R)LLERTON ENGT£ERRYa SSS W SANTA ANA BLVD, (2ND FLOOR) CQIBULTA ' 6l C. SANTA ANA. CA 91101 9100 W NIwm RD. SUITE 000 R101E: (114) 511-4200 R.06EMONT, IL 60015 CONTACT: S K*;O � PHONE: (B4l) 292-0200 X225 FAX: (%l) 252-0205 E-MAIL: e.NlleL ELECTRICAL ENGINEER ENGINEER, RILLERTON E I EWR CON9)LTANTS, NC. 9700 W WI m W. R11TE EZO ROBEIICNT, IL 6000 CONTACT: SE 10 MA9C(Ad20 PHOS: (%l) 292-0200 x225 FAX: ("I)292-0105 E-MAIL: e•n,Uenersgxuerxgvn SQUARE FEET OF LEASE AREA: ASSESOR'S PARCEL NUMBER: 216 5Q. FT. 014-431-02 ZONING: PROPERTY LEGAL DESCRIPTION PLEA5E SEE DUJG. LS -I FOR NA COMPLETE LEGAL DE5CR EXISTING OCCUPANCY: ADA COMPLIANCE: N/A NOT APPLICABLE FOR UEC 1103.1.1-1 OCCUPANCY CLA551FICATION: TYPE OF CONSTRICTION: N/A VN T • -Mobile: 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, CA 92107 iws omrxmT aw rrm+nnw uFram u � man w i roeitF �o mmuo �Nm+<TVH suxt ,nT ae rar nourEo. wEo ore olsaor uw Tus riaw uwr,e+Anuaera*. Iox w r-. � Fullerton Engineering Consultants, Inc. 9100 W. Higglro Rd, Sults 800 Rasa ant, I111mols 60018 Tel. 841-292-0100 Fax 841-292-0205 PREPARED BY:AG SHEETINDEX CHEOKEDBY SM -11 APPROVED BY: HMB T -I TITLE SHEET LS -1 TOPOGRAPHIC SURVEY L5-2 TOPOGRAPHIC SURVEY C-1 SITE PLAN C-2 ENLARGED SITE PLAN A-1 SITE ELEVATIONS NORTH 4 SOUTH A-2 SITE ELEVATIONS EAST 4 WEST # DATE REV16IGNS 9/9/05 ZONING50Rr REVIEW 9/19/05 FINAL 9m% 9!!6/05 CITY CCMMENT6 IV5/S REVISED DRAWINGS PER CITY COT1ENTS /06/06 FEVISED LAYOUT SITE NAME MADISON PASK SITE NUMBER LA02901-A SITE ADDRESS EDMIER 4 STANDARD AVE. SANTA ANA, CA W101 SHEET TITLE TITLE SHEET SHEET NUMBER T-1 SCALE: 1' = 30' LOT 86 A.P.N. 014-431-16 LOT 87 A.P.N. 014-431-17 LOT 88 A.P.N. 014-431-18 LOT 93 A.P.N. 014-431-23 LOT 94 A.P.N. 014-431-24 1 1 ,BASKETBALL COURTlid] - QGEODETIC COORDINATE LOCATION SEE SHEET 2 FOR DETAIL ,GRASS- MADISON ELEMENTARY SCHOOL A.P.N. 014-431-01 N8N89LM'5'W I 5o).OY _ _ — 3ATTNC CACES� J ` -GRASS , MADISON PARK E 1/2, SECTION 19 T. 5 S., R. 9 W., S.B.M. A.P.N. 014-431-02 'SDE J J _ _ _ _ EDINGER AVE._ ¢ N89]2'4VW COORDINATES: 0 LOT 89 LATIIUOE 3743'41.3' N A.P.N. 014-431-19 00 LONGITUDE 11751'27.71' W N CONCRETE ROW UNE Do OMAN LANK KENDE 04 C/A 12 CHANNEL 'ASHIECN' C.P.S. RECEIVERS AND OR1C00 �11 LOT 90 PRECISpN SOFTWARE FOR POST %tOCE531NC. BASIS OF BEARINGS: A.P.N. 014-431-20 0 THE CENTERLINE OF EDINGER AVE SONG NORM W='45' Lo ENNO N MG POE R I RECORDS OF OIMEK,E COUNTY. WIT POE I LOT 91 DO A.P.N. 014-431-21 STBX STORAGE BOX 17 1 I I EASEMEM NOTES: TDP E CURVE Z TOP OF CURVE (PENDING RECEIPT OF TRUE REPORT) TRE a LOT 92 � A.P.N. 014-431-22 ORANGE COUNTY AP.N. 014-131-02 AREA,- REA6.1 I I LOT 93 A.P.N. 014-431-23 LOT 94 A.P.N. 014-431-24 1 1 ,BASKETBALL COURTlid] - QGEODETIC COORDINATE LOCATION SEE SHEET 2 FOR DETAIL ,GRASS- MADISON ELEMENTARY SCHOOL A.P.N. 014-431-01 N8N89LM'5'W I 5o).OY _ _ — 3ATTNC CACES� J ` -GRASS , MADISON PARK E 1/2, SECTION 19 T. 5 S., R. 9 W., S.B.M. A.P.N. 014-431-02 'SDE J J _ _ _ _ EDINGER AVE._ ¢ N89]2'4VW COORDINATES: 0 I I 1 I I I I I BENCH MARK U.SC.S BENCH MARK 'BM 72' UNMI) SIMMS GEOLOGICAL. SURVEY BENCH LARK 'BM 72' AS SWAN ON THE TUSTIN' 7S NNUIE OLADBANOLE W. EUEVATON: 74.5 FEET All (NAVD55) LEGAL DESCRIPTION: (PENDING RECEIPT OF MME REPORT) A PORTION OF THE FAST HALF (1/2) OF SECTOR 19, TONINS IP 5 SOUTH, PAIGE 9 WEST. SAN BERNARDINO MERIDIAN. R THE CRY OF SANTA ANS, MAI OF ORANGE, STATE OF CNIFORNM, AS SHOWN ON RMP OF TRACT NO. 3161, RECORDED R BOO( 250. PAGES 26 THROUGH 25 INCLUSIVE O' of SAID HNEOUS MAPS. M TIE OEFICE Q ME RECOROEt COIINI'Y. DATE OF SURVEY: SENTEM6ER 2. 2005 rrF LEGEND, RIR : BIEAOERS LATIIUOE 3743'41.3' N 1RunNG BW LONGITUDE 11751'27.71' W M CONCRETE ROW UNE HAD 19M GEODETC COCRON4VMS WORE ESTABUSHEO USING Lt OMAN LANK KENDE ECAB C/A 12 CHANNEL 'ASHIECN' C.P.S. RECEIVERS AND OR1C00 EDC EDGE OF CONCRETE PRECISpN SOFTWARE FOR POST %tOCE531NC. BASIS OF BEARINGS: I EPBX THE CENTERLINE OF EDINGER AVE SONG NORM W='45' I ENNO WEST PER LMP a TRACT NO. 3161, Y.M. 250 / 26 - a MG POE R I RECORDS OF OIMEK,E COUNTY. WIT POE I OVERHANG 1111.E REPORT IDLNII1: PARAPET STBX STORAGE BOX (PENDING RECEIPT OF TIRE REPORT) 1 I I EASEMEM NOTES: TDP E CURVE TP TOP OF CURVE (PENDING RECEIPT OF TRUE REPORT) TRE UP ASSESSOR'S IDENDFICATION: I ANAL ORANGE COUNTY AP.N. 014-131-02 AREA,- REA6.1 I I 6.1ACRES PER ORANGE COUNTY ASSESSOR I I 1 I I I I I BENCH MARK U.SC.S BENCH MARK 'BM 72' UNMI) SIMMS GEOLOGICAL. SURVEY BENCH LARK 'BM 72' AS SWAN ON THE TUSTIN' 7S NNUIE OLADBANOLE W. EUEVATON: 74.5 FEET All (NAVD55) LEGAL DESCRIPTION: (PENDING RECEIPT OF MME REPORT) A PORTION OF THE FAST HALF (1/2) OF SECTOR 19, TONINS IP 5 SOUTH, PAIGE 9 WEST. SAN BERNARDINO MERIDIAN. R THE CRY OF SANTA ANS, MAI OF ORANGE, STATE OF CNIFORNM, AS SHOWN ON RMP OF TRACT NO. 3161, RECORDED R BOO( 250. PAGES 26 THROUGH 25 INCLUSIVE O' of SAID HNEOUS MAPS. M TIE OEFICE Q ME RECOROEt COIINI'Y. DATE OF SURVEY: SENTEM6ER 2. 2005 rrF LEGEND, RIR : BIEAOERS BD 1RunNG BW SAM OF WALK M CONCRETE ROW UNE CLF OMAN LANK KENDE ECAB EIECTRICA WHET EDC EDGE OF CONCRETE EP EOL OF PAVENENT EPBX ELECTRICAL PULL BOX EO ENNO R MG POE R HNIBIED SURFACE LTR WIT POE ON OVERHANG PPT PARAPET STBX STORAGE BOX S/W SPIKE AND WASHER TO TDP E CURVE TP TOP OF CURVE TR TRE UP UTIUTY PETE WL ANAL WN NOL MONUMENT YARD U( HT y00 BLOCK MAL —o —aux uNKxK REICE ^a fE MIERUTE e FOUND MOORNENT =O= UTUIY POS {I YARD UGH I/ SEE SHEET LS -2 FOR SITE T .. Mobilee 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, CA 92707 IAN ES. 11 wu�e«I c«reu�ms Inc. 9100 UL Nlggh Rd, Suite 800 P46slod, IIIYIole 60018 TeL 841-197.0200 Pax 841.292.0205 PREPARED BY: YT CHECKED BY. MDL APPROVED BY: BH N 1 DATE FEVISICR45 I MB I661ED FOR REYIEW 7 fUlm ANO ASSOCIATE% INC LAND SURVEYING 8 MAPPING 1.33 MCCOiMIM AVENUE. STT. NO. 102 COSTA MESA, CALIFORNIA 92626 714 55]-1567 MICE 714 557-IMB FAX A. 515018 SITE NAME MADISON PARK SITE NUMBER LA02001-A SITE ADDRE55 1528 SOUTH 6TANDARD AVE BANTA ANA, CA 92101 SHEET TITLE TOPOGRAPHIC SURVEY SHEETS NN'LUMB1ER L V SCALE. 1' = 10' �GRA55) ki —* \-BASKETBALL COURT ) =GRASS) Ef ASS) — ae I LEGEND: am BIEACMRS BID W OING BW BACK OF W" CEL CONCIETE ROW IME Elf MAN INN FENCE ECAR METRICAL CQWT EOE LOGE OF CONCRETE EP EDGE OF PAVEMENT mX ELECTRICAL FOIL BOX N FOUND P FLAG POLE IS IT SIF) SUIEACE LTR UGMT POLE ON OVERHANG PPT PARAPET MX STORAGE ®OX S/W OKE AND WASHER TC TOPOF CURVE IP TCP OF CURIE TR TREE UP U11UTY IDIC WE WALL T e •Mobile• 3 IMPERIAL PROMENADE, SUITE 1100 . SANTA ANA, CA 92]0] Fullerton Engineering Consultants, Inc. 9100 UL HIwk• Rd, State aw Rvseelold, 111wole 60018 TeL 841-2S2-0200 Fax 841-291.0205 PREPARD EBY: tt CHECKED BY. MDL APPROVED BY: BH • DATE REVISIONS I A16e IO6IED WOIEIEVIEW F SO AND ASSOCI ATEA IMG )AND SURVEYING AVENUE. MAPPING IXI STA MERCK CAUFOR SIE, N0. 102 COSTA MESA, -1567 FEINIA 92626 ]71 55]-158) CFACE ]I! 557-1588 FAX A. 515.018 WN WELL MONUMENT �iLrr,� I n YARD UCHT SHEET TITLE Ca am WALL —G— MAIN AN FENCE TOPOGRAPHIC SURVE ctNTERUNE • F"O MONUMENT m Y.- EIGHT vARO SHEET LS -1 FOJ BOUNDARY AND TITLE INFO SHEET NLMBER L5_2 4155RE V I AT I ONS AFF ABOVE FINISHED FLOOR AGL ABOVE GRADE LEVEL AMSL ABOVE MEAN SEA LEVEL APPROX APPROXIMATE AM AMERICAN WIRE GAUGE BLDG BUILDING BTS BASE TRANSMISSION STATION CLR CLEAR COL COLUMN C0NC CND CONCIRETE CONDUIT DWG DRAWING FT FOOT(FEET) EGB EQUIPMENT GROUND BAR ELEC ELECTRICAL EMT ELECTRICAL METALLIC TUBING ELEV ELEVATION ECUIP EQUIPMENT (E) EXISTING EXT EXTERIOR FND FOUNDATION GA GAUGE GALV GALVANIZED GPS GLOBAL POSITIONING SYSTEM GNO GROUND MAX MAXIMUM MFR MANUFACTURER We MASTER GROUND BAR MIN MINIMUM NTS NOT TO SCALE OG ON CENTER OE/OT OVERHEAD ELECTRIC:/TELCO FCS PERSONAL COMMWICATIONS SERVICES RE RIGID GALVANIZED STEEL IN INCHES) INT INTERIOR LB19 POUND(S) OF SQUARE FOOT STL STEEL TYP TYPICAL UEAIT UNDERGROUND PI ECTRIC/TELC UNO UNLE86 NOTED OTHERWISE VIF VERIFY IN FIELD W/ WITH )d" TRANSFORMER t CENTERLINE E PLATE I SYMBOLS I C'Gy UTILITY POLE Q WOW, POINT ® REVISION SR6/05 MASONRY n)B)05 BRICK /06)06 REVISED LAYOUT 0 CONCRETE EARTH STEEL GRAVEL CENTER LINE PROPERTY LINE —__— LEASE LINE — - — EASEMENT LINE —xx— CHAIN LINK FENCE —o—a— WOOD FENCE — —IE— — BELOW GRADE ELECTRIC — —UT— — BELOW GRADE TELEPHONE —OE/OT— OVERHEAD ELECTRIC/TELEPHONE SECTION REFERENCE EXISTING---, UTILITY POLE W/TRANSPORNER .1211969 M2119'10 EXISTING BUILDING r EXISTING BASKETBALL COURT i I (2) NEW PHOENIX DACTYLIFERA DATE -- PALM, SEE SHEET C-2 FOR DETAILS NEW T -MOBILE MONOPALM ❑ FOR FUTURE CARRIER CONTRACTOR TO TRIM /—EXISTING SURROUNDING TREES SACAGES G_;� Z EXISTING GRASS AREA (TY P- ) 7 Z_ EXISTING PARKING LOT NEW STORAGE ROOM NEW IT -6'X13'-6' T -MOBILE LEASE AREA NEW ECUIPMENT ROOM, SEE PUG C-2 FOR ENLARGED PLAN AEW T.MOBILE MONOPALM WKS) NEW ANTENNAS, SEE DWe,. 0-2 FOR ENLARGED PLAN NEW LANDSCAPING, SEE DUM C-2 FOR ENLARGED PLAN -—'EXISTING FIELD AREA (TYP) i EXISTING CONCRETE WALKWAY (TYP.) N EDINGER AVE. TLO WAY CONCRETE WALK SITE: PLAN SCALE:"=60'-0" Z EXISTING GRASS AREA (TYP.) 7 4 T .. Mobile, 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, GA 92707 avis xaevr am nsoraarex �m is .� rwrcmY cF Troa�s *� om+wr aro.rmNenau soca Wow. Mu�w*iw�anirs Fullerton Engineering Consultants, Inc. 9100 W. Nlgglnl Rd, Sults 800 Rmwwa, Ilhnole 60018 TeL 841-292-0200 Fax 841-292-0205 PREPARED BY: A, CHECKED BY: 5M APPROVED BY: HMB DATE REVISIONS 8FY05 ZONJN5 REVIEW 9/18/05 FINAL SM SR6/05 CITY COMMENTS n)B)05 REVISED DRAWINGS PER CITY COM LENTS /06)06 REVISED LAYOUT DATE SIGNED: SITE NAME MADISON PARK SITE NUMBER LA02SOI-A SITE ADDRESS EDINGER N STANDARD AVE. SANTA ANA, CA 9210.1 SHEET TITLE SITE PLAN SHEET NUMBER G-� NEW DRY WELL DRAINAGE — SYSTEM RIRNISHED 6 INSTALLED BY CONTRACTOR NEW ISUISIBLEIRD FROIADED By CONTRACTOR (2) NEW 40' HIGH PHOENIX DACTYLE'ERA PALMS, FURNM ID 6 INSTALLED BY CONTRACTOR _ NEW BUBBLER NEW IRRIGATION— SYSTEM TO BE TIED INTO EXISTING PARC IRRGATION SYST131 EDGE OF BASKETBALL COURT NEW UNDER3ROWD COAX — CA15LES (FOR RST)RE CARRIERS) NEW 65' HIGH MO'{OPAI- -- (FOR FUTURE CARRIERS), R)R,IISHED BY T -MOBILE 1 NSTA_LED RY CONTRACTOR - 4 INSTALLED NEW PLANTER R1RllSNED NSTALLED BY CONTRACTOR (TYP OF 2) NEW STORAGE—/ ROOM (4) NEW T -MOBILE BTI CARNETS, R)RL811ED T -MOBILE, INSTALLED CONTRACTOR FUTURE CARRIER EQUIPMENT ROOM (2) NEW BATTERY RACKS, R)RISHED 4 INSTALLED By CONTRACTOR NEW T.MOBILE LEASE LINE __ ______________14' 21 __ 1 1�1 G �1 m � = cm d) m _ CONTRACTOR i0 —� MACE AEWPORTLl FOR METER J(2) NEW 3' WIDE ® ( (! METAL DOOR FURNISHED 4 II INSTATED BY CONTRACTOR IH Ill a NEW T-MoRILE —' EQUIPMENT ENCLOSURE To MATCH EXISTING CONCESSION STAND ENLARGED SITE PLAN SCALE: tl:-2. EXISTING TREE — EXISTING PLANTER ALU'MNIUM GUTTER WDERGROIND COAX m LES, FUSINISWD 4 ' Zap BY CONTRACTOR 'D a v I F.TH . 17'61 ,�U.65' HKaH MONOPAU"I, \'FURJISFED BY T -MOBILE � - YN9TALLED BY CONTRACTOR -(3) NEW T -MOBILE ANTEMIAS R)RgISHEO BY T -MOBILE, INSTALLED BY CONTRACTOR Im E MONOPALM FONDATIOR IISHED 6 INSTALLED BY To • •Mobile 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, GA 92101 ,,,`u�rra T. ...0 - r� w +eAr uo rsomeT + :nr ae r¢�ur�o.:ee oa o:scwsea artwur ne rnuc u*m,<ry aunamunw w egeh£ JFullerton Engineering C4nsultants, Inc. 9100 W,1411 Rd, Suite 800 RDSW101 t, 1111`1016 60018 TeL 841-297-02100 Fax 841-292-0205 PREPARED HY: AG CHECKED BY: SM APPROVED BY: HMB q DATE REVI51GN8 � ZONW.IW%REVIEW 5/15/05 o 5/16/05 11/15/05 CITY COMMENTS REVISED DRAWINGS PER CITY CO:'ENTS /06/06 REVISED LAYOUT 3 w � r 3 i ALU'MNIUM GUTTER WDERGROIND COAX m LES, FUSINISWD 4 ' Zap BY CONTRACTOR 'D a v I F.TH . 17'61 ,�U.65' HKaH MONOPAU"I, \'FURJISFED BY T -MOBILE � - YN9TALLED BY CONTRACTOR -(3) NEW T -MOBILE ANTEMIAS R)RgISHEO BY T -MOBILE, INSTALLED BY CONTRACTOR Im E MONOPALM FONDATIOR IISHED 6 INSTALLED BY To • •Mobile 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, GA 92101 ,,,`u�rra T. ...0 - r� w +eAr uo rsomeT + :nr ae r¢�ur�o.:ee oa o:scwsea artwur ne rnuc u*m,<ry aunamunw w egeh£ JFullerton Engineering C4nsultants, Inc. 9100 W,1411 Rd, Suite 800 RDSW101 t, 1111`1016 60018 TeL 841-297-02100 Fax 841-292-0205 PREPARED HY: AG CHECKED BY: SM APPROVED BY: HMB q DATE REVI51GN8 %--AM ZONW.IW%REVIEW 5/15/05 FINAL 50k 5/16/05 11/15/05 CITY COMMENTS REVISED DRAWINGS PER CITY CO:'ENTS /06/06 REVISED LAYOUT SITE NAME MADISON PARK 5ITE NUMBER LAm29D1-A SITE ADDRESS EDNGER 4 STANDARD AVE. SANTA ANA, CA 52107 1 SHEET TITLE ENLARGED VV 5ITE PLAN nn SHEET NUMBER i,LRTH ELEVATION 50AIE • 1/8"•1'-0" �elou�nlNVl�Leai .. � , J SOUTH ELEVATION 2 SCALE • I/8"•I'-0" T • -Mobile: 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, GA 52107 THIS M WN 15 IIE iR(RERI61.RRLLE 1� 1pTY NT. ''SSDPO' G WiNEgMUT IW OF L-TCDLLE Fullerton Engineering Consultants, Inc. 9100 W. Wiggins Rd, Sults 800 Rosemont, Illinois 60016 TaL 841-292-0200 Pax 841-292-0205 PREPARED BY. AG CHECKED BT: SM APPROVED BY: HMB # DATE REV1510NS 95/05 ZCNNG,'I INEVIEW 9/19/05 FNAL 90% 986/05 CITY 00" IENTS IVS,05 FWASED DRALNNGS F'ER CITY Co" IENTS /06/06 REVISED LAYOUT SITE NAME MADISON PARK SITE NUMBER LA02901-A SITE ADDRESS EDW -,ER 4 STANDARD AVE. SANTA ANA, CA Wl&'" SHEET TITLE SITE ELEVATIONS NORTH 4 SOUTH SHEET NUMBER 4-1 4 -co NEW TLHOIvILE ONTErNA9 Il -ELEV. 515'-0" ACIL (3) NEW T -MOBILE ANTEW48 INSIDE GROWTH Fvp RMISHED BY T -MOBILE, INSTALLED 57 CONTRACTOR T -MOBILE MOKOFALM EXISTING CONCF5t STAND EXISTING SERVING PORTAL NVIU T -MOBILE E=IFHEgt Room NEW T -110511-r 15T6 CAIBMT (TYrJ F-7 F-1 F-7 FINEW SERVw- I I 1 11 11 1 FORTAL EXISTING CONCESSION STAND RA NEW T-MO151LE — ecurmiiw Rzol NEW T -MOBILE 15T GA51NIET (TYP-) NEW F-7 F-1 F --- 177 1 11 11 11 1 NEW LANDSCAPING3 (TYP.) (BOUGAINVILLEA) To a uMobUe or 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ASA, CA 92101 n,16 omsvn n oroaaTwi : Nis T. T. evxus Fullerton Engineering consultants, Inc. 9100 11 Higgim Rcl, Suits WO RmsTalt, 111MOIS 60018 TeL 841-2S2-0200 Fax 841-292-0205 PREPARED BY: AG CHECKED 5m APPROVED BY: NMB 777REVISIONS. "4 ZL*W =F 1;-5 0 6/m CITY IVISAV5 fR"SEV LAYOUT SIGNED: SITE NAME MADISON PAW SITE NUMBER L,402901 -A SITE ADDRESS WINGER 4 STANDARD AVE, SANTA ANA, CA WWn SHEET TIT L E SITE ELEVATIONS EAST 4 WEST SHEET NUMBER EAST EWEST EL SCALE ELEVATION A-2005-292 ci'Y RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Omnipoint Communications Inc., a subsidiary of T -Mobile USA Inc. 3 Imperial Promenade, # 1100 Santa Ana, CA 92707 Attn: Lease Administration Manager MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of December 5, 2005 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications Inc., a subsidiary of T -Mobile USA, Inc., a Delaware corporation ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as Madison Park, 1528 South Standard Ave., Santa Ana, CA, 92707, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor December 5, 2005, and incorporated herein by reference (the "Agreement') for an initial tern of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: LESSEE: City of Santa Ana Omnipoint of T-bil By: By: Title:G Title: Site#: LA02901A Site Name: SC451 Madison Park Market: California Inc., a subsidiary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 014431-02 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: A PORTION OF THE LAND ALLOTTED TO F. W. KOLL IN PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF JUDGEMENTS OF THE 17TH JUDICIAL COURT OF LOS ANGELES COUNTY, CALIFORNIA, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF STANDARD AVENUE 1320.01 FEET SOUTHERLY FROM THE INTERSECTION OF THE CENTERLINE OF STANDARD AVENUE AND MCFADDEN STREET; THENCE 890 15' 09" WEST 546.60 FEET TO A POINT; THENCE SOUTH 0° 37' 15" WEST 1127.70 FEET T'0 A POINT; THENCE SOUTH 89" 22' 45" EAST 547.47 FEET TO A POINT; THENCE NORTH 00 34' 10" EAST 1140.76 F'EE'T T'0 THE POINT OF BEGINNING. AFF'ECT'S I THE HEREIN DESCRIBED LAND AND OTHER LAND. End of Legal Description P Site#: LA02901A 2 Site Name: SC451 Madison Park Market: California State of CaliforniaCounty Of ) ss. On J / 3il zoo before me, e'e-y G- ` yG71IA15 , personally appeared Yk--�I-U r ^7T V1 � personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official CSignature: State of California County of On ) ss. before me, ERIC CHEUNG COMM. #1571589 z Notary Public - California o z.Orange County ON Comm. Expires : 22, 2009+ personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: State of California ) ss. County of On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ISS. On March 31 st, 2006, before me, Claudia M. Fernandez -Shaw, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared David N. Ream WITNESS my hand and official seal. Plea Notary Sed Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document And could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: O�ersonally known to me ❑ proved to me on the basis of satisfactory evidence 1/10 iMI �111N to be the person(o) whose name Conrrwwan s 16%m subscribed to the within instrument and Votary ruenc COwoRi1O 91M,V acknowledged tome that�slieithcy-executed Orange county Comm. Expires Jan 25,201 Jr::.n, rt+ the same in JV,ffi..� authorized capacity(ies), and that by 4a-1?FkerFtheir- signature(sion the instrument the persona /or the entity upon behalf of which the persona acted, executed the instrument. WITNESS my hand and official seal. Plea Notary Sed Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document And could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: This Consultant: p 949 874.0386 1 949.753.7204 eric.chcun�(�sequoia-ds.enm picked up all of the Originals that would normally go to The Parks & Recreation Agency as per Parks & Recreation. Eric Cheulg "`"t�SEQUOIA Sie,, 200 PLI)YW NI' ScVvlcce. ISG kvinc, CA 92618 p 949 874.0386 1 949.753.7204 eric.chcun�(�sequoia-ds.enm picked up all of the Originals that would normally go to The Parks & Recreation Agency as per Parks & Recreation. Ru3130-2006 16:01 P.02iO3 ACA disk Services,inc of Washington HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 1420 Fifth Avenue AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Suite 1200 9 `JOs 4ODuLov0n DDaDWMTIONAND ADS Bgl'6' NABIGr[Y CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE Seattle WA 98101-4030 USA B� 05/01/06 DS/01/07 ELRACRACCIDOR COVERAGE AFFORDED BY THE POLICIES BELOW, ,y d r .A o INSURERS AFFORDING COVERAGE NAIC0 rmon- 206 749-4800 PAx- 206 749-4860 , 3 1KaJ"M 1'-e enc. WSUAERA: Greenwich insurance Comoany 22322 '- itsssubsidiaries and Affiliates m3uRckU: Travelers Pro rt 25674 Pe Y Cas Co of America � �• 12920 38th street Bellevue ue w 98006 USA INSURRRn National Union Fire Ins Co of Pittsburgh '19445 g O P. INSURER D: a1 AUEOUG ma mAwmm INSUREAE: +r OS/01/D7 TO DAVE WRITTEN NO11CB tV 7}IE CBRTRICAT6��YOA BUTPAIwReID[q$O SNA71I1aorx NPO OaLIGAHjIgr 9A L�NBW�IY�ELEFi. x7 THt."OLT lS OF INSURANCE LISTED BELOW HAVE WEN ISSUED TO TIB: DISURBO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING OPANY KIND VPON iNe IN3yRE1�TBAGENTS OR RBPR6WIMAT}VET, ANY RE000WFIAENT-TS'M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPnCr TO WHICH THIS CERTIFICATE AO-,` MAY BE 15SUED OR MAY BY THE FOI.ICIS DESCRIBED HEREIN IS SUBIBCT TO ALL THE TERMS, EXCLUSIONS PERTAIN, ULE IMITSSH WN MAY AGGRBG,LTB LIMITS SHOWN MAY HAVE BBEN REDUCED BY PAID CLAIMS. AND CDNDMONS OF SUCH POLICIES. A aall LTR TYPE Or MWALANCR r Cy NUMBER POIJCY EXPIPATIM 05/01/07 cw l $1,000, Z RAT COM M MYli MTMMMIDD" LIMITS A IMIMALUA4-- ^OnM.eLIALOMNERALLUBElrY RGD5000064 OS/01/O6 0S/01/07 cuNuccDARENCE 1110001000 DAMAGRTORDMO 51.000,000 rtmes E & ww".. l f CLAINSMADE ff] OCCUR x Calc ual Lla6ilitY acl. x f Pi Penael aa°PGF—P�0" HIRM AVIOS NWOWNBDAVr PERSONAL lnDV O1m0.Y f1,000r000 �0 Q'ADOMM.LDE AOORBGAtA 55,000, x�NERnLACCREWTa 9 `JOs 4ODuLov0n DDaDWMTIONAND ADS Bgl'6' NABIGr[Y CR!'LAGGREG B ANY PRONUrICal PARTNmI/P ACUTWS rR3V114193595606 B� 05/01/06 DS/01/07 ELRACRACCIDOR S2 r00D,000 OFMCOMOM EWUMWI AZ, NA, OR, WI r LRRTAPPLIRSPER: � PGP.ICY 11IECr ❑ LOL BPOIAYii Sar000, TNI,. N a . O rRODUCrB-ODI&ROP AGO $2.000,000 PRIB'f10N OFwaa,1T10NY�6,rwY1W+SNa1nCLH&PYCWSIWi3AOOAD aY000LU ,I@fTy�pOu4 PROVISIQI3 tea` LA0307AA Site Hanle: TM010 Jerome Park Site Address- 2115 W. MCFadden Ave., Santa M A icate Moder is an additional insured dor General Liabilit solelyas respect to ]A9-050-30. The at the shove location if required by contract. y operations of the Named O P. A AUEOUG ma mAwmm RAD 5000066 05/01/06 OS/01/D7 TO DAVE WRITTEN NO11CB tV 7}IE CBRTRICAT6��YOA BUTPAIwReID[q$O SNA71I1aorx NPO OaLIGAHjIgr 9A L�NBW�IY�ELEFi. — . OPANY KIND VPON iNe IN3yRE1�TBAGENTS OR RBPR6WIMAT}VET, ANY AUTO AO-,` nUTNVAQED R[@RASENTnTIYE R�dr � �!�� CVamRaaDSINCLEL1MW . A Req 5000067 05/01/06 05/01/07 cw l $1,000, Z ALLOMNED AVI08 MA 6ODILYMUURY KINDL"l? f Pi Penael HIRM AVIOS NWOWNBDAVr BOMYMNRY _ /ROPMRTY OANnOA (NrwcMsq CARAER LLAMl1TY r' "'�'/�'/ ANY AVTO AUTO ONLY•An ACC1OENT OTHERTNAN AAACC- •. AUIDONLY: Q'ADOMM.LDE AOORBGAtA 55,000, PBXX XBL $25,000 9 `JOs 4ODuLov0n DDaDWMTIONAND ADS Bgl'6' NABIGr[Y x We SI'ATLL o1H- B ANY PRONUrICal PARTNmI/P ACUTWS rR3V114193595606 B� 05/01/06 DS/01/07 ELRACRACCIDOR OFMCOMOM EWUMWI AZ, NA, OR, WI ILL. DBeAWEA urM.baa..Wr09CLALFROV6DDWS BPOIAYii Sar000, TNI,. aL. DISBASLPOULY LISGT Sl, PRIB'f10N OFwaa,1T10NY�6,rwY1W+SNa1nCLH&PYCWSIWi3AOOAD aY000LU ,I@fTy�pOu4 PROVISIQI3 tea` LA0307AA Site Hanle: TM010 Jerome Park Site Address- 2115 W. MCFadden Ave., Santa M A icate Moder is an additional insured dor General Liabilit solelyas respect to ]A9-050-30. The at the shove location if required by contract. y operations of the Named City of Santa Ana .x,E1 U- Santa Ma Ave. Santa Ana CA 92707 VSA SNouL DEW TM�DANY �OP 77a+.� ARWEQFHQImSEDPOitltic ME CANCELLED RM99 THE MIRAMM TO MAD, TO DAVE WRITTEN NO11CB tV 7}IE CBRTRICAT6��YOA BUTPAIwReID[q$O SNA71I1aorx NPO OaLIGAHjIgr 9A L�NBW�IY�ELEFi. — . OPANY KIND VPON iNe IN3yRE1�TBAGENTS OR RBPR6WIMAT}VET, nUTNVAQED R[@RASENTnTIYE R�dr � �!�� RUG -30-2006 19:45 am ENDORSEMENT # 006 GU207 n1"► This endorsemerht, effective 12:01 a -m.,05/012006, forms a part of Policy No. RGD5000064 issued to T -MOBILE USA, INC. by Greenwich insurance Company ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies Insurance provided under all coverage parts COMMERCIAL GENERAL LIABILITY COVERAGE Section 11 - WHO IS AN INSURED is amended to include as an Insured any person or organization for whom you have agreed under written contract or agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement M other terms and conditions of this policy remain unchanged Authorized Re ntative� qUG-30-2006 19:45 T -Mobile USA, Inc. Policy IRGD 5000064 Effective May 1, 2006 b. To sue us on this Coverage Part unless an of Its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable knit of insurance. An agreed settlement means a settlerttent and release of liability signed by us, the insured and the claimant or the claim - Ws legal representative. 4. Other Insurance 0 other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or ti of this Coverage Part, our obligations are krnited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, tar cbfga- gone are not affected unless any of the other Insurance Is also primary. Then. we will share with all that other insurance by the method de- smWed'n c. below. C. b. Excess Insurance This insurance is excess over. (1) Any of the other insurance, whether- pri- mary, excess. Contingent or on any other basis: (a) That is Fire, Extended Coverage, Binder's Risk, Inshkillon Risk or similar coverage for "your woW; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (e) That is insurance purchased by you to cover your lability as a tenant for "prop- aft d~ to pretrises rented to you or temporarily occupied by you with permission of the owner, or (d) If the loss arises out of the maintenance or use of aircraft, "autos' or watercraft to the extent not subject to Exciusm g. of section I — Coverage A — Boefily Injury And Property Damage Liability. When this insurance is excess, we will have no duty under Coverages A or B b defend the in- sured agauut any "suit" If any other insurer has a duty to defend the insured against that "suir. If no other insurer defends. we wig undertake to do so, but we wig be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance woM pay for the loss In the absence of this insurance; and (2) The total of all deductible and sebfanstred amounts under all that other insurance. We will share the remaining loss. N any. with any other Insurance that is not described In tia Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If ail of the other Insurance permits contribution by equal shares, we will fnlow this method also. Under this approach each insurer oonkib- utes equal amounts until t has paid tla applica- ble limit of insurance or none of the loss re- mains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we wig contribute by limits. Under tits metlnod, each insurer's share is based on the ratio of its applicable limit Of insurance to the total applicable limits of in- surance of all insurers. 5. Premium Audit a. We will compute at premiums for this Cover- age Part In accordance with our rules and rates. b. (2) Any other primary Insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- C dorsement CG 00 0112 04 Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the big. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium compute. tion, and send us copies at such times as we may request ® ISO Properties, Inc., 2003 5 Page 11 of 15 ❑ TOTAL P.03 A o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 06/14/2012 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Seattle WA Office CONTACT NAME: PHONE (206) 749-4800 FAX (206) 749-4860 (A/C. No. Ext): A/C. No.): E-MAIL ADDRESS: 1420 Fifth Avenue Suite 1200 Seattle WA 98101-4030 USA RGD INSURER(S) AFFORDING COVERAGE NAIC 1t INSUREDINSURER A: XL Specialty Insurance CO 37885 T -Mobile USA, Inc its Subsidiaries and Affiliates INSURER B: Greenwich Insurance Company 22322 INSURER C: National Union Fire Ins Co of Pittsburgh 19445 12920 SE 38th Street Bellevue WA 98006 USA INSURER D: INSURER E: PR AGE TO RENTED ES Ea occurrence)$1,000,000 INSURER F: I.VVGKAOG.1. l.CK11r II.AIC NUMCSCK: 0/UU4O0401zf/3 KtV151UN NUMI3tK_ 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. Limits shown are as requested INSIR LTR TYPE OF INSURANCE ADDL INSR SUBRI WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS B GENERAL LIABILITY Santa Ana CA 92707 USA RGD F 'X' XM ylfitliw X"XI EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR PR AGE TO RENTED ES Ea occurrence)$1,000,000 MED EXP (Any one person) S5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY PRO X LOC IECT B AUTOMOBILE LIABILITY RAD 500025701 AOS 05/01/2512 05/01/2013 COMBINED SINGLE LIMIT $2,000,000 Ea accident BODILY INJURY ( Per person) B X ANY AUTO RAD 500025801 05/01/2012 05/01/2013 ALL OWNED r SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS MA BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident C X UMBRELLA LIAB X OCCUR 13273159 05/01/2012 05/01/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE SIR applies per policy terns & conditions AGGREGATE S5,000,000 DED XRETENTION A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANV PROPRIETOR I PARTNER / EXECUTIVE OFFICER/MEMBEREXCLUDED? N/A RWD5000301 AOS RWR5000302 05/01/2012 05/01/2012 05/01/2013 05/01/2013 X I WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) wi If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) The Certificate Holder and other entities as defined if required by written contract" are Additional Insured for General Liability and Automobile Liability solely as respect to operations of the Named Insured at the above location if required by contract. A waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability and Automobile Liability policy. General Liability and Automobile Liability evidenced herein is Primary and Non -Contributory to other insurance available to the Certificate Holder, but only to the extent required by written contract with the insured. Per Cancellation Notification to others Endorsement - In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, CERTIFICATE HOLDER CANCELLATION .,! / J 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 And '-� - , , , . _ AUTHORIZED REPRESENTATIVE Santa Ana City Fire Department. - Santa Ana CA 92707 USA F 'X' XM ylfitliw X"XI ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10616550 LOC #: A� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Aon Risk Insurance services West, Inc. T -Mobile USA, Inc POLICY NUMBER see certificate Number: 570046545973 CARRIER NAIC CODE see certificate Number: 570046545973 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: advanced written notice will be mailed or delivered to person(s) or entity(ies) according to "Blanket per List on file" - 30 Days Notification. All other terms and conditions of the Policy remain unchanged, with regard to the General Liability and Automobile Liability policy. See Attached Addendum for Site Information. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED T -Mobile USA, Inc its subsidiaries and Affiliates 12920 SE 38th Street Bellevue wA 98006 USA site List LA02024A - 1405 North French St., Santa Ana, CA 92701 LA02899D - 120 W. walnut, Santa Ana, CA 92701 �svrc AA02901A - 1528 South Standard Avenue, Santa Ana, CA 92707 XA03009C - 1825 3/4 Civic Center Drive west, Santa Ana, CA 92703 ✓LA03010A - 888 w. Santa Ana Blvd., Santa Ana, CA 92707 LA13160A - 1801 w. Segerstrom Ave., Santa Ana, CA 92704 ,ZA33321C - 4622 3/4 west Hazard Avenue, Santa Ana, CA 92703 veA33807B - 1817 w. 21st Street, Santa Ana, CA 92706 1 LA338076 1817 W. 21st street, Santa Ana, CA 92706 a, LA33835A 2302 S Raitt Street, Santa Ana, CA 92704 r LA33836B 730 E warner Ave, Santa Ana, CA 92707 r Certificate No : 570046545973 ENDORSEMENT # This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGD500025901 issued to T -MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under all coverage parts. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section II — WHO IS AN INSURED is amended to include as an Insured any person or organization for whom you have agreed under written contract or agreement to provide insurance. However, the insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain the same. (Authorized Representative) MANUS © 2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective on May 1, 2012 at 12:01 A.M. standard time, forms a part of Policy No.RAD500025701 of Greenwich Insurance Company issued to T -MOBILE USA, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II A.1. WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed under contract or agreement to provide insurance. However, the Insurance provided shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided exceed the scope of coverage and/or limits required by said contract or agreement. All other terms and conditions remain unchanged. (Authorized Representative) MANUS ©2011 X. L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER: RGD500025901 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: RAD500025701 XIC 404 1007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or work you performed under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule below: SCHEDULE Name of Person(s) or Organization (s): Any person or organization for whom you are required to waive your right of recovery under the terms of a written contract. All other terms and conditions remain the same. (Authorized Representative) XIC 404 1007 © 2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office, Inc., with its permission. POLICY NUMBER: RAD500025701 COMMERCIAL AUTO CA 04 44 03 10 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: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: T -MOBILE USA, INC. Endorsement Effective Date: May 1, 2012 SCHEDULE Name(s) Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers 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 "ac- cident' or the 'loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 13 ENDORSEMENT # This endorsement, effective 12:01 a.m., May 1, 2012 , forms a part of Policy No.RGD500025901 issued to T -MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIL 424 0605 ©, 2005, XL America, Inc. ENDORSEMENT # This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGD500025901 issued to T -MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: "Blanket per list on file". "Blanket per List on file" 30 All other terms and conditions of the Policy remain unchanged. (Authorized Representative) IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RAD500025701 issued to T -MOBILE USA, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: "Blanket per list on file". "Blanket per List on file" 30 All other terms and conditions of the Policy remain unchanged. (Authorized Representative) IXI 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. • z • 3 obile .., T -Mobile USA, Inc. 12920 SE 38th Street, Bellevue. WA 98006 May 17, 2012 City of Santa Ana Office of the City Attorney PO BOx 1988 Santa Ana, CA 92702 RE: T -Mobile Site No.: LA0290IA. Lease between Ciry of Santa Ana and T Mobile West Corporation or its predecessor -in -interest ('Lease*'). for the Premises located at or about 1528 South Standard Avenue Santa Ana California 92707. CHANGE IN NOTICE ADDRESS AND CONVERSION OF T -MOBILE WEST CORP. TO T -MOBILE WEST LLC Dear City of Santa Ana: Notice Address: T -Mobile is changing its legal Notice Address for our leasesilicensesisubleases isublicenses to the following single address for notification: T -Mobile USA, Inc. 12920 S.F. 38`h Street Bellevue. WA 98006 a�� S_- Attn: lease Compliance Site No. LA0290IA The current Lease T -Mobile has with you may have several Legal Notice Addresses for T -Mobile, including our local market office addresses. The change to a single Notice Address is intended to both simplify and improve communications. Entity Conversion T -Mobile is convertin; T -Mobile West Corporation from a corporation to a limited liability company (T -Mobile West LLC) for administrative efficiencies. This conversion will occur on or about June 25, 2012. This will have no functional effect on you and is merely an internal change. The conversion will not modify or affect your relationship with T -Mobile, including the contact information you currently use, the T -Mobile persons who administers your Lease or your rent payments. The tax identification number (TIN) for T -Mobile West LLC will remain unchanged from the one used for T -Mobile West Corporation. As a reminder. T -Mobile's preferred method of payment is direct deposit using an electronic funds transfer (EFT) service. If you wish to take advantage of this free electronic service, please contact Xign at XignGdT-Mobile.com or call 1-888-5264612 (select option 3) to complete the enrollment process. In closing, you need not respond to this letter and need only to make the change in your records regarding the above T - Mobile Legal Notice Address and the entity conversion. If you have any questions, e-mail us at propertymanagement(q)t-mobile.com. Thank you. Very truly yours, T -Mobile USA, Inc. Real Estate & Facilities ff CROWN CASTLE, January 23, 2015 Crown Castle 4301 Hacienda Drive, Suite 410 Pleasanton, CA 94588 VIA FedEx City of Santa Ana P.O. Box 1988 M- 23 Santa Ana, CA 92702 Re: 827479 SC 451 Madison Park RL Telecommunications Facility, Application 268659 Land Lease Agreement Dated December 5th, 2005 ("Lease") A — ,? 60 4 _ 2-q Z Request for Consent/Letter of Authorization Dear Landlord: Pursuant to an agreement between T -Mobile West Tower LLC and CCTMO LLC ("CCTMO"), CCTMO manages the tower site that is subject to the Lease on behalf of T -Mobile. CCTMO is a Crown Castle company. CCTMO and its affiliates and subsidiaries own, manage, and operate shared wireless communication facilities. In order to better serve the public and minimize the amount of towers in an area where a Lease is located, Crown plans to modify the T— Mobile's equipment at the telecommunication facility. The modification will not alter the character or use of the site nor will it change the nature of Lessee's occupancy of the site. Please be advised that in accordance with the Lease, Lessee is required to obtain your consent, which cannot be unreasonably withheld, prior to making improvements or alterations on the Premises. Lessee, therefore, respectfully requests your consent to T- Mobile's modifications. In addition, in order for T- Mobile to obtain zoning approval for the proposed modifications, a signed and notarized Letter of Authorization is needed. I have enclosed a Letter of Authorization which will allow T- Mobile to submit to the City of Santa Ana for approval. Please indicate your consent by executing this letter where indicated below. A self -address stamped envelope is included for your convenience. You may also scan the documents back to me at Katie. Liu.Contractorgerowneastle. com. Thank you for your continued cooperation with Crown Castle. If you have any questions concerning this issue, please contact me at Katie.Liu.Contractor@CrownCastle.com or (925) 737-1248. Yours truly, Katie Liu, Real Estate Specialist Agreed and accepted this day The Foundation for a Wireless World. CrownCastle.com Property Owner Letter of Authorization City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Re: Zoning - Plan / Design Review Process I hereby represent that I am the legal owner of the property referenced below, and I hereby give my authorization to T -Mobile, and/or its Agent(s), to act as our Agent(s) in the processing and obtaining approval for Building and/or Zoning permits through the City of Santa Ana for the modification of the facility that would be located at the existing wireless communications site described as: Crown Site ID: 827479 SC451 Madison Park RL T -Mobile ID: LA02901A Site Address: 1528 1/2S. Standard Ave., Anaheim- Santa Ana Ga, CA 92707 Legal Description: 014-431-02 Property Owner: City of Santa/Apel� By:_ David Cavazos Date: City Manager City of Santa Ana The undersigned hereby certifies to being the fee owner(s) of the real property described above and that to the best of my/our knowledge the information contained within this authorization is true and correct. (Signature) (Print name) Date State of California County of On before me, personally appeared _J, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to thp-w2thin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and thir(by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my -hand and official seal. (Seal) SIGNATURE PAGE LEASE AGREEMENT AT: Madison Park CONSENT TO MODIFICATION ATTEST: ,�- Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney V C� Lisa Storck Assistant City Attorney CITY OF SANTA ANA %s V 4 David Cavazos City Manager APPROVED AS TO CONTENT: /j �— Gerardo Mouet Executive Director —Parks, Recreation & Community Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 20, 2015, before me, Maria D. Huizar, Notary Public personally appeared David Cavazos, City Manager, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY for rrect. MARIA 0' HUIZAR. �' '- Commission M 1974202 'a Notary Public • California 3 Orange County EEM Comm. Ex aireVasA rr 5, 2015 (Seal) CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) ❑ Corporate ❑ Officers Title(s) ❑ Partner(s) ❑ General Partner of a Limited ❑ Partnership ❑ Attorney -in -Fact ❑ Trustee (s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: under the laws of the State of California that the WITNESS my hand and official seal. C Signature?) SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: RE: MADISON PARK TITLE OR TYPE OF DOCUMENT: LAND LEASE AGREEMENT WITH T -MOBILE WEST TOWER LLC ET AL. NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: _ Cuevas, Silvia From: Cuevas, Silvia Sent: Friday, January 09, 2015 9:49 AM To: Storck, Lisa Cc: Ono, Ron Subject: RE: Status update on Crown Castle BU 827429 Attachments: PRACCTG@Santa-ana.org_20150109_125508.pdf, PRACCTG@santa-ana.org_20150109_ 125545.pdf Here you go Lisa. From: Storck, Lisa Sent: Thursday, January 08, 2015 4:32 PM To: Cuevas, Silvia Subject: FW: Status update on Crown Castle BU 827429 Silvia — can you send me a copy of the 2005 Lease? I couldn't find it on LaserFiche... From: Ono, Ron Sent: Tuesday, January 06, 2015 5:38 PM To: Storck, Lisa Cc: Cuevas, Silvia Subject: FW: Status update on Crown Castle BU 827429 Lisa. ... On Dec 5, 2005 the City entered into a lease agreement with T -Mobile for the installation of a cell tower at Madison Park. Crown Castle manages the cell tower with T -Mobile. T -Mobile is proposing to change the antennas and replace equipment. This will be all within their lease area and will not change the appearance of the cell tower or equipment building. We are not opposed to the work and will approve this request. Crown Castle is asking the owner of the property to sign the attached documents and notarize it. The PRCSA Executive Director is willing to sign the documents, but is asking if he has authority to sign or should it be the City Manager? Please let me know. Thank you. Ron Ono Administrative Services Manager Parks, Recreation & Community Services Agency Learn * Have Fun * Get Fit * Be Respectful P (714) 571-4220 F (714) 571-4211 ronono,sa nta-ana. org From: Ono, Ron Sent: Tuesday, January 06, 2015 12:39 PM To: 'katie.liu.contractor@crowncastle.com' Subject: FW: Status update on Crown Castle BU 827429 Katie ... Can you send me preliminary drawings of the proposed modification, before we approve any consent letter? Thank you! 12,on Ono Administrative Services Manager Parks, Recreation & Community Services Agency Learn * Have Fun * Get Fit * Be Respectful P (714) 571-4220 F (714) 571-4211 rono(d)santa-ana.org From: Liu, Katie (Contractor) [ma ilto: Katie. Liu. Contractor(cbcrowncastle.com] Sent: Tuesday, January 06, 2015 12:23 PM To: Ono, Ron Subject: Status update on Crown Castle BU 827429 Hi Mr. Ono, What's the latest update on the Crown Castle tower modification. Do you have any questions about the process? Let me know if I can be of assistance. Thank you! KATIE LIU Contract Real Estate Specialist — West Area T: 925-737-1248 M:510-396-0854 CROWN CASTLE 4301 Hacienda Drive, #410 Pleasanton, CA 94588 CrownCastle.com How was my service? Please send your comments to my manager, Sabrina Hunter at: Sabrina. Hunter@crowncastle.com This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. ACC?R '� CERTIFICATE OF LIABILITY II SURANCE Page 1 of 2 03/24/20 5' 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 he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis of Pennsylvania, Inc. PHONE FAX C/o 26 Century Blvd. (A(C.NO.EXT). 877-945-737$ (AfC.NO): 888-467-23.7$ P. O. Box 365141 E-MAIL ADDRESS certifcatas(willis.Com Nashville, TLV 37230-5191 .. ..... ....._ _... A }[....... COMMERCIAL GENERALLIABCLITY YY 702.1-02.-28 INSURER(S)AFFORDING COVERAGE NAIL# INSURER Federal Insurance Company 202,81-005 INSURED VNSURERB North American Elite Insurance Company..... 2976.0-001.. CROWN CASTLE INTERNATIONAL CORP. MED EXP (Anyone person) S___... See Attached Named Insured List INSURERC. 1220 Augusta Dr. Suite 500 1,000,000 Houston, TX 77057 NSURERD ` - -P..t�``'-'' INSURER E _ ..F ......... ....._ _....... r; INSURER COVERAGES CERTIFICATE NIOMRER:9.2g2AF9R RFVISION NIIMRFR- 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 MOTH 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER ... POLICY EFFLTR _. POLICY EXP _... _.. __.LIMITS _. A }[....... COMMERCIAL GENERALLIABCLITY YY 702.1-02.-28 4{1%2015 4%1/2016 E4CHOCCURRENCE S__.11000.,000.._.. CLAIMS --MADE X . OCCUR �'yyqq��qq�;FFyy'pRa.ocur©ncep 5 M'FiEMIiSk ?E ,OOQ,000 1,000,000 MED EXP (Anyone person) S___... 5..,..000 .... .......... ......... __. ..PERSONAL&.ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER _ GENERAL AGGREGATE... S ,'i( .._, POLICY ECT LOC PRODUCTS - COMPIOPAGG $ .........2,000....,..000 .....2, 000:..x_.000 OTHER' S A, AUTOMOBILE LIABILITY Y 7021-02-29 4/1/2015 4/1/2016 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X ANYAUTO BODI LY I NJURY(Per person) S ALO'u1MED SCHEDULED AUTOS AUTOS BODILY1NJURY(Peraccident) 5 _. ......... .... HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE. S (Per accident) S B X UMBRELLALIAB X OCCUR Y Y UMBB 2000165-01 4/1/2015 4/1/2016 EACHCCCURRENCE s 5,000.,000 EXCESS LIAB CLAIMS -MADE AGGREGATE.... S .....5, 000_,....000 DOD X RETENTION$ 25,000 S A WORKERS COMPENSATION Y 7171-06-98 4/1/2015 4/1/2016 X PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY .... .... ANY PROPRIETORIPARTNER/EXECUTIVE N N/A.. E.LEACHACCIDENT s ... ..... 1,000,000 OFFICERIMEMBER EXCLUDED? I MandatoTy in NH)y '" E..LDISEASE - EA EMPLOYEE s 1,000,000 Ryes describe under V� ... DESCRIPTION OFOPERATIONS below 5 ,,.�'` ELDISOASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERA.TIONSI LOCATIONS I VEHICLES (ACORD 101, AdditonarRomarks Selye e, m rs space is required:) BU#8274.79 - SC451 Madison Park RL, 1528 1/2 S. Sta e, Anaheim -Santa Ana -Ga, CA 92707. If required in written agreement, the Certificate Holder is added as an Additional. Insured as their interest may appear to the liability arising out of the operations performed by or on behalf of the Named Insured. Additional Insureds: City of Santa Ana, its officers, agents, representatives, employees and volunteers. 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 AUTH IZEDREPRES ATIVE Attn: Insurance Compliance 20 Civic Center Plaza Santa Ana, CA 92702. Coll:4651802 'Tpl:1933410 Cert:22928698 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 713115 LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED CROWN CASTLE INTERNATIONAL CORP. Willis of Pennsylvania, Inc. See Attached Named Insured List POLICY NUMBER 1220 Augusta Dr. Suite 500 Houston, TX '77057 See First Page CARRIER NAIC CODE See First Page EFFECTIVEDATE: See First Page %DDiTIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUS MBER: 25 FORIVITITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability and Auto Liability policies shall be Primaryand Non-contributory with any other insurance in force for or which may be purchased by Additional Insured as required by written contract. Waiver of Subrogation applies in favor of with respects to General Liability Umbrella Liability and Workers Compensation as required by written contract and as permitted by Liability, ACORD 101 (2008101) Coll:4651802 Tpl:1933410 Cert:22928698 @) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Crown Castle International Corp. Consolidated Subsidiaries as Named Insureds 2417 Chesapeake Holdings, LLC ;eff 102V21014l Crown Castle GS Ill Corp. 2417 Vid-Atlantic Neniork of'Argiria L' -C {eff 10131)2C14) Crown Castle GT Company LLC 2417 Vid-Atlantic 1er&ork, LLC :eff 10131014p Grown Castle GT Corp AvComrn cfAj,'on 1- L 0 Crown Castle G-1 Holding Sub LLC, A,NA Sroup _U3 eff 12115114 Aloha Centauri Croup, LLC eff 1211 5114 10 ;mr Enterprises. LLC eff 12,1514 Arourus Land Enterprises. LLC eff 12215/14 Atlantic Coast Comnruri cations L-0 5lig Top Ventures, LLC eff 12,e15M4 Erick House Realty, LLC eff 1215M4 3ror,ze Property';cntures, LLC eff 12.15154 C A - CLEC 'EC LLC C'C'Cas,te Intemational LLC ,G' Finance , LC CC Holdings G X, Site Acauntions 11 -L0 CC 7M PA _LC leff 1021 *,, 12 CC Towers G uara,ntrir - L C "G Towers Holding L -C, CCATT Holdings LLC CCATT LLIC X4TT PR LI -0 HoIdrngs Core COPE Aczuis6ons L'_r ",CPR VI L -,'Q C CGS & E -LU Heb- 10,21014 21014 CGT2 Holdings LLC June 27 2014 CTM Holding f L.r, ,eff 110131121012) CCTM I L -C eff 11.13002) X702 LLC Pffccbve I V33'1 2; CTMC -L0 dell 10031 2012" CCTTA Pty Limited (eff 51131CGY I >,esapeake Fiber. LLC (eff 101 2011�, Ulninnera Holdings -L, eff 12,15114 Coastal Antenras II Comsite'Ven"VeL Inc. ,Coverage Plus Antenna -Systerns L -C CPS Holdco LLC Ptf 12;'15114 Irowr Atlanac Company LLC Crown, Castle Administralion Pty Ltd rover, Castle, AS -U,' (eff 4,)29;11;: Crown, Castle AJartic -LC Crown Castle Augusta LLC '3rowr Ca5tte Australia Holdings Pty Lid Crows, Castle Australia Pty td Cmwr, Caste BP 4;7 L -C, Crowe CAste,'CA Corp Crown Castle Irtemattoral Corp. Crown Castle Interraborrat Corp de POjerto Rico Crown Castle InterratGral LLC CH,,,An Castle Investment Corp Crown Castle Irvestmert 11 Corp Crown Castle YM Holdog Corp Crown Castle MM Ho ldirg L,'_C Crown Castle MIJ LLC Grown Castle MUPA-:LG Crown A rown Oastle,11G, Atlantic LLC (eff 5;4,112J, �ka Ne�tG NetworkS tlantic Inc Crswin Castle NG Central LLC leff 5012r, Fka NevIG lletrdvorkr of Ifincis Inc Crown Castle NG East 1-1-C teff 53112'( fka NextG Networks of Nv Inc Crown Castle NG Networks Inc. (eff 513121 1lsa NextG Netvorks tno Crown Castle !,K; 'he5i -LC 'eff S?V12; ka NextG Networks of Cal orria lrc Grown Castle Operating Company Crown Castle Operating LLC Crown Castle Orlando Ccrp Crown Castle PR LLC Crown Castle PR Solutions L ;el 911'0103; Grown Castle PT Inc Crown Castte Fuer o Rico U'arp. Crown Castle REIT inc. May 27. 2@14 Crown Castle Services -LC teff 612V2C1 1) Crown Castle -Services Pty Lld, 'Vy 8, 201-1 Crown Castle SnUions Corp Crown Castle .South L Crown Castle TSA L -C Crown Castle Towers 35 L -C Crown Castle Towers 36-2 -:LC Grown Castle Towers 39 ILL0, Crown Castle Towers L -,C G rc win Castle Towers Pt/ Ltd June ; 2014 Crown Castle 'US.4, Inc. . \1211.fie 6i Crown Commurication -LG Crown Communroaton .1-0 (fornneriv Cro,4n CommuricRtion ric eff Wil 1) Crown Ccrni-nunicallon New York, Inc Crown Mobile Systems. no Crystal Properties :-LG eff 12;15114 Cyan Prcpertes. LLC eff 1215,14 DC - CLEO LLC DEF Holdings LLC off QM5114 Deke Lard Enterprises LLC, 0 1215,14 Delta Real Estate Enterprises -L:: eff 12fl5114 Diamond Fnre LLC eff 121151'14 IF!''12111 1`1111 in � i Divame Pry :_united �,Plffprtive 1C.2@12,, T "' of 12,1 15 i 14 �urras Group �_LO Gamma VFnrutq-, LLO P-ff 121 5114 Gemlor, LLC eff 12115/14 Global Signal Acquisiftins 'I _LC Global Signal Acquis4icns 'll LLC Global Signal Acquisibcns V LU', Gubai&gnM Acquisitions LLC Globai Signall GP -1-C Global Stanat Holdirgq I LLC Global Signal Holdings V L1_0 Slobal8i.gnal Operating Partnership. L.P. Global Signal Ser ices '_L^;, GolderSlate Towers LLC' GS Savirig5 irc GSPN Intangibles LLC Haiku Group, -i off 1215'14 HH() Rea&'Ventures, L -C eff 1211504 High Po4m Yaracemert Co LLC Holy Ghost Properties, LLC off 12'15�14 Hot Corner, L-:'-,' eff 121151'14 IC.8 Towers, L -C 111 Properties, L -C eff 12116114. IL - CLEC LLC Ir, SITE Fiber of'Virainia L -C lr,13,TE Soitlilions, __C Irb-t-state Tower Communications L-0 Ini City Towers Ill Iron Rur LLC off 1215/14 Irtit, Realty, L-3 eff 12)15)14 lsoscefe5 Reki, L -C eff 1205114 jPBOM Towers L -C jreffPrson Real Estate _LC eff 1115/14 Muiex. LIC eff 12151/4 ,euro Real Estate LLC eff 12115114 Karchen Holdings LU, eff 1115114 KAVV Consulting Pty Lid (eff 12112I(0111 SPH Hbldirg,5 Ill eff 12115114 Lindy -and Enterprises LLC eff I21514 Lithium -and LLC off 12`15i14 0'33-14 LLC M,� _;CLEC Magi 'mvestments. _L(,' eff 121514 Mazaru Real Estate. -Lr, eff 1215,14 MID - CLEC, LLC 4Md7 Capitol 3ne -i-C, M etsedign Group. LLC eff 1 2:151 14 Minerva Realty _L0 eff 12°15;14 Mobile Media Calimrria 'LL',' Mobile Media National LLC Modeo LLC Molacur. LLC eff 121504 VN Cell REIT I _�_Cfeff V3 1112) WN Cell TRS I LLC ?�eff 1/31;12` Neptune Propertieg, L-',' eff IW14 New Path Netwo*,3, Inc. New Path NatwGrIkti, LLC Nickel r roup. LLC eff 1215,14 NJ - 't,LEC LLC Norce ' - and)enlures LLC eff 121151 14 NY - CLEC L_'C CH -CL G LLC (effective 7,`200111; CP 2 Ill Clo LLC P A - CL E C -_ L Pair Plus Properties LLC eff 12115/14 Perimeter Property _LC eff 12, 1514 Pirnade San Anionic Pirnacle St Louis L -C Pirnacle Towers Atquisibcn Holdings Pirnade Towers Arquisiti LDC, Pirnarle TawersAaset Holdirgr LLC Pirnacle Towers Oarada inc. Pinnacle Tavem i'I L -C Pinnacle Towers Limited Pirnade Tc,&+er3 ILLIC Pirnacle Towers V inc Prinoe-torr Ancillary Services ;I i Formed 2128/ IA Princeton Ancillary Sen, ice s ll LLI,� Formed 2,128/20014 Proarchad Group, L_C off 12�151"44 Radio Slation ',NGLD LLC RE,,'C Proper,.jeq Limited ;eff 912DX51 Right Raalt; LLC eff 921,5,14 -Scalene-ST. Realty LLC eff 121514 Sea Realty LLC eff I2II5/14 Shaffer & A.5sociates �'irc Shamrock BGM, L -C eff 1215fi'14 Sierra Towers nCL -Sixteer, Cards. -:LC eff I215114 -Spher1ri Properties, LLC eff 1215114 8tructel Pty Ltd Tarnia Group LLC aff 12,115414 Tertuhan Ventures LLC' eff 12t1�5!14 Third,State Hloldmg-5 LLC- eff 12/15 /14 i14 T � Free Way Sites LLC eff 1205M4 Thunder Towers LLC Tower Advisors LLC eff 12+1511'4 Tower Systems LLC Tower Technology Company of Jacksonville -LG Tower Ventures tel. LLC Tower0re 2012 UC' (eff 3,2;2012) Towett)re Allentown X1. L -C ;eff W!2012) TowerOre Dcylestuxr, L -'C, (eff 312.'2012) TowerOne Middletown 11103, LLC (eff 3,'2;2312; Tower0re North Goventry, LLIO teff 3.Q123121 TowerOre Partners LI -C, Jeff 312;2012; To,xerO" Upper Poft9grove O�32. L:.0 eff 3�2!2C 12) TowerOne Warminster XI, ILLC 0 3/2!2012) ToRer,One Warrington 002. LLO (eff 3,,1212012'; Tower-, Firoo ]l LLC Towers Firoi lit L' -C Towers Firco L -C Triple Play LLQ; Pff 1205114 TriStar lnvestors Inc. eff IZ15!I4 THS'lar New Site .�CQ 1. LLC eef 12.1151114 TriStar Tower Group LLC eff 121'15114 Trs8tar COS Tgwer$r LG Pf, 12115! 14 Tql ' Realty LLr eff 12(15114 'P,/HT -L" NA. - OLE! -'-G Water Properties LLC eff 1215114 'NOP Wtreles5 Lease Sulbsidiaryr LLC (eff IQL2012) ACP Wre less Site Funding LLC ;eff 1131,012) WCP 'Nir8less Sate Holdca ILLC eff 1131,Q012) P Wireless Site Non -RE Funding yeff 1431!2312) '4'Vi3 P Wireless Site 'Jon -RE Hcldc,-,)LLC' (eff 1.;31120'12�1 At,'P Wireless Sate RE Funding LLC ;eff 1/31!2012) 4CP Wireless Site RE Holdco '-ILC teff OV2012) Weidl Mgt, LSC eff 12!15114 White LightErterlonses LIL.,eff l2fl;;1114 Arele55 Funding LLC li'eff 11'3112012) &reless Realty Holdings 11 LLC effeotrve 51191 1) ffireless Reverue Properties, LLC ,eff 1 �1,12131 2; 'ffi5dorn Four, I -C eff 12115114 'Nmhbone Realty. -Lr, eff 121115j'14 Yangtze River Realty LU, eff 1211 5114 Y'RB Tea -LO A 12115114 Zeus Properties LL= eff 12M514 CHUME3 Liability Insurance Endorsement Policy Period APRIL 1, 2015 TO APRIL 1, 2016 Effective Date APRIL 1, 2015 Policy Number 7021-02-28 PIT Insured CROWN CASTLE INTERNATIONAL CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued MAY 6, 2015 This Endorsement applies to the following forms: G1-1,'NERAL LIABILITY ............ Under Who Is An Insured, the following provision is added, 0 Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are insureds', but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: 0 if and then only to the extent the person or organization is described in the Schedule-, 6 to the extent such contractor agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). with respect to any assumption of liability (of another person or organization) by them in a contract or agreement, This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement, V,eNJ . \ONOID e'J' Liability Insurance Additional Insured - Scheduled Person Or Orga%"100110 continued Form 80-02-2367 (Rev. 5-07) Endorsement Page I Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance, Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance - Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. �, "c:�'Gig''RtL`C{4::Oil: SFSSdSkiY»F:F SEx'�kk%adA.kt%fi.,ktS.LS M:Cdk:'�k:SSfYI.r:" .�;.' V': "-^.••.'aces v>wA'.;q:ci tk:£4kYd.S�A4`:f5:k§ M:Mtt; f .4f"d�Lf°.°9.4??� 2yY^'?dS:"rS.?zkhMEehYEWMf:g£ ':M Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person or organization Form 50-02-2367 (Rev. 5-07) Endorsement �ee14 SNA ��� last page Page 2 Policy Conditions iCHUE30 Endorsement Policy Period APRIL 1, 2015 TO APRIL 1, 2016 Effective Date APRIL 1, 2015 Policy Number 7021-02-28 PIT Insured CROWN CASTLE INTERNATIONAL CORPORATION Name of Company FEDERAL INSURANCE COMPANY Date Issued MAY 6, 2015 This Endorsement applies to the following forms; COMMON POLICY CONDITIONS Under Conditions, the following condition is added. Conditions Notice Of Cancellation When we, cancel this policy for any reason, other than non-payment of premium, we will notify To scheduled Persons person(s) or organization(s) shown.la the Schedule at least 30 days in advance of the cancellation Or Organizations When date. We Cancel Any failure by us to notify such person(s) or organization(s) will not: • impose any liability or obligation of any kind upon us; or • invalidate such cancellation. Schedule If you are obligated, pursuant to a written contract or agreement, to provide person(s) or organization(s) with notice of cancellation, then we will notify such person(s) or organization(s) provided that within 15 days of the date we send notice of cancellation to the first named insured, the first named insured or producer of record provides us with a spreadsheet containing the name, mailing address and, if available, e-mail address of the person(s) or organization(s), All other terms and conditions remain unchanged, Notice Of Canceliation To Scheduled Persons Or Organizations Policy Conditions (Except Non -Payment Of Premium) continued Form 60-02-9779 (Ed. 3-11) Endorsement Page i Conditions (continued) Authorized Representative Qc�---.,,�DNk,_2,ea Notice Of Cancellation To Scheduled Persons Cr Organizations Policy Conditions (Except Non -Payment Of Premium) I fastpage Form 80-02-9779 (Ed. 3-11) Endorsement Page 2 INSURER CANCELLATION TERMS NAMED INSURED CROWN CASTLE INTERNATIONAL CORP. POLICY NO. Various EFFECTIVE DATE SEE PAGE 1 Person or Organization: Person(s) or organization(s) that you are obligated, pursuant to written contract or agreement between you and such person or organization, to provide with notice of cancellation for any reason other than non-payment of premium, provided that, within 10 days of the date the producer or the first named insured receives a copy of the notice of cancellation, the producer or the first named insured provides us with a spreadsheet containing the name, address and, if available, e-mail address of the person(s) or organization,(s) to whom such notice of cancellation is to be sent. All other terms and conditions remain unchanged. Cancellation Terms: When we cancel this policy as described in the Cancellation condition, for any reason other than non-payment of premium, we will also send to the person or organization described in the Schedule a notice of at least 30 days in advance of the cancellation date., Any failure on our part to deliver such notice will not: 0 impose liability of any kind upon us; or • invalidate the cancellation. Cancellation Terms Apply to the Following Coverages: General Liability, Automobile Liability and Workers Compensation Wdlis 101