Loading...
HomeMy WebLinkAboutCCTM1 LLC INSURANCE ON FILE A-2025-025 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY CLER JJ14k DATE: APR 17 20 yROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND D '�fllti) CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT EL SALVADOR PARK Ju1� fur���u� This Ground License Agreement("Agreement") made this 18th day of March,2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as "LICENSOR"and CCTM 1 LLC, a Delaware limited liability company, hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties." A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement. 1. PROPERTY. LICENSOR is the owner of that certain real property located at 1825 Civic Center Drive West, Santa Ana, CA 92703, commonly known as El Salvador Park (the entirety of LICENSOR's property is referred to hereinafter as the "Property"and a legal description of the Property is attached hereto as Exhibit A). 2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 828440 and being described as approximately five hundred twenty-eight(528) square feet for LICENSEE's wireless telecommunications facilities as defined in Section 11 of this Agreement, consisting of(i) an existing four hundred thirty (430) square foot parcel which LICENSEE was granted a lease for in the Original Agreement(as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only) and(ii) an additional ninety-eight (98) square foot parcel (the "First Additional Premises"). The licensed area of the Property, referred to hereinafter as the "Premises," is substantially described in Exhibit C attached hereto and incorporated fully. 3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below),this Agreement shall replace and supersede any prior lease agreement or license agreement (the "Original Agreement") between the Parties. 4. TERM. The Effective Date of this Agreement shall be April I,2025and shall remain in effect for a period of ten(10)years (the "Initial Term"). 5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a"Renewal Term") (the Initial Term and each Renewal Term are collectively referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows: A. If LICENSOR, in its reasonable discretion determines that LICENSEE's continued use of the Premises is not in conformity with LICENSOR's intended Page 1 of 107 use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6)months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term. S. Thereafter, each subsequent renewal shall be subject to the following procedure: If LICENSEE determines that it desires to extend the term, LICENSEE shaI I provide written notice six(6) months prior to the end of then-current term. Within sixty (60) days of receipt of LICENSEE's notice, LICENSOR shall determine whether such extension is in LICENSOR's best interest and, if not in LICENSOR's best interest, LICENSOR may deny such extension request, at its sole discretion. C. In the absence of a Renewal Term,the Agreement shall continue on a month-to- month basis.The License Fee for these month-to-month periods will be the amount of the last month Renewal Term License Fee plus four percent(4.0%), and subject to a Holding Over Fee as described in Section 6 below. 6. HOLDING OVER, Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent(18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase. 7. ADDITIONAL PAYMENT. This Agreement, and any subsequent docuunents requiring approval including assignments and sublicenses, including colocations,require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement. S. LICENSE FEE,S. A. The License Fee for the first year shall be an annual amount of Fifty-One Thousand, Eight Hundred Sixty-Seven and 24/100 Dollars ($51,867,24)based on a monthly amount of Four Thousand Three Hundred Twenty-Two and 27/100 Dollars ($4,322.27) to be paid annually in full on the first day of the year, in advance,to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date. B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee. Page 2 of 107 C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent(4%) per year, to be increased on each anniversary of the Effective Date. E. LICENSEE agrees to pay to LICENSOR an Additional License Fee, as set forth in Section 28A(l) of this Agreement, in the amount of Five Hundred and 00/100 Dollars ($500.00) per month,beginning upon the first day of the first full month following commencement of construction activities within the Premises by the DISH Colocator, defined in Section 11 below(the "DISH Colocation Effective Date"), and each subsequent payment shall be due and payable on the first day of each month thereafter until the earlier of(i) the expiration of the Term, or(ii)the expiration or termination of the DISH colocation. On the anniversary of the DISH Colocation Effective Date and on each anniversary of that date thereafter(each an"Additional License Fee Adjustment Date"), the Additional License Fee shall not escalate at a fixed amount, however, such fee will be calculated pursuant to Section 28(a)(1) of this Agreement. If the DISH colocation expires or terminates for any reason, LICENSEE shall no longer be obligated to pay the Additional License Fee for the DISH colocation. F. Pursuant to Section 28A(4) of this Agreement, LICENSEE agrees to pay to LICENSOR a fee for the First Additional Premises set forth in Section 2 of this Agreement(the "First Additional Premises Fee") in the amount of Four Hundred and 00/100 Dollars ($400.00)per month as consideration for the First Additional Premises, beginning upon the commencement of installation of improvements within the First Additional Premises (the "First Additional Premises Effective Date") and continuing thereafter until the earlier of(i)the expiration of the Term; or(ii)termination of the First Additional Premises by LICENSEE, in its sole and absolute discretion, upon thirty(30) days' written notice to LICENSOR. Termination for the First Additional Premises shall be effective upon the removal of all improvements made by the LICENSEE and the restoration of the First Additional Premises to the condition it was in as of the First Additional Premises Effective Date, ordinary wear and tear excepted. On the anniversary of the First Additional Premises Effective Date and on each anniversary of that date thereafter(each a"First Additional Premises Fee Adjustment Date"), the First Additional Premises Fee shall increase by an amount equal to four percent(4%) of the First Additional Premises Fee in effect for the month immediately preceding the applicable First Additional Premises Fee Adjustment Date for so long as such First Additional Premises Fee is payable to LICENSOR as set forth herein. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, Page 3 of 107 including without limitation those by the City acting in its regulatory authority (collectively the"Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right(but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests")to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be Finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail,return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of L.ICENSEE's Facilities (described in Exhibit D), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty(30) working days ofLICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. II. USE/MAINTENANCE. .A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines,transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LICENSEE's Facilities") as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. LICENSOR hereby consents to modifications at the Premises by DISH Wireless L,L.C. or its affiliate(the "DISH Colocator") as more fully described in the drawings attached hercto as Exhibit D. All improvements shall be at LICENSEE's sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which Page 4 of 107 approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings ("Plans") and artistic renderings of the equipment to be installed. B. LICENSEE agrees that the installation and maintenance of LICENSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed,LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE's Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE's Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises. C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein. D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said set-vices and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. E. LICENSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24)hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours' notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE's Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first. F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and Page 5 of 107 federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms,covenants and conditions of this Agreement. LICENSEE acknowledges that:neither LICENSOR, nor any agent of LICENSOR,has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further,LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement. G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing"as is" "where is" condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement. H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises,that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions, I. LICENSEE acknowledges that(1)LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2)prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and " complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Page 6 of 107 Agreement. J. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods. K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to talcs all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE's period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. 12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which-may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises. 13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises, 14. HAZARDOUS MATERIALS. A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act(33 U.S.C, section 1251, et seq.), Resource Conservation and Recovery Act(42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act(42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act(42 U.S.C. section 9601, ct seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved May 18- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code(section 25100, et seq., and section 39000, et Page 7 of 107 sect.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation,manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde,radioactive materials,or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations(collectively "Hazardous Materials Laws"). B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit. C. LICENSEE acknowledges that(1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2)LICENSOR has provided LICENSEE access to the Premises for a. reasonable time and upon reasonable terms and conditions for purposes of providing to.LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and(4) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement. D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators,are.allowed. E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours' prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to Page 8 of 107 assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement,LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight(48) hours following actual notice of emergency access, inform LICENSEE of(i)the date and time of emergency access and (ii)the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub-surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods. F. LICENSEE shall, within twenty-four(24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all .Hazardous Substances placed by LICENSEE,on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations. G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE, LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property. LICENSEE shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises. H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR's directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE's use of the Premises, 1. Breach of any of the covenants,terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE's operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of., all Hazardous Substances introduced to the Premises by Page 9 of 107 LICENSEE during LICENSEE's period of use and possession of the Premises. Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances. 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract,tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE., or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE's behalf by its agents,representatives, employees or subcontrnctors as specified in Exhibit E. 17. INTERFERENCE. A. LICENSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Agreement was fully executed ("Pre-Existing Communications"), or public safety communications operations, as may be upgraded periodically, and LICENSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE'S use of the Premises or encroaches upon the Premises. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, lie ensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed,provided that LICENSEE's consent may be withheld if interference with LICENSEE's transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions. Page 10 of 107 In the event of any interference with LICENSOR's public safety communications operations, LICENSEE shall have twenty-four(24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE's Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference, If LICENSEE's Facilities interfere with LICENSOR's public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE's Facilities, LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR's public safety communications operations caused by LICENSEE's Facilities, 18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall,within ninety (90) days, remove all of LICENSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling,wiring, underground conduits,foundations and equipment/storage buildings may remain at LICENSOR's sole option, 19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following; minor maintenance, minor landscaping, minor construction, concessionaires, and City-sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE's Facilities. 20, TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LICENSOR further covenants that there are no other liens,judgments or impediments of title on the Property or affecting LICENSOR's title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above. 21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its Page 11 of 107 own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LICENSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE's Facilities on the Premises. A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE's Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven(7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs. LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48)hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services. B. LICENSOR grants LICENSEE the right to obtain utilities far the operation of LICENSEE's Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises. LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall.maintain the Premises in a good condition, reasonable wear and tear excepted. 23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE'S antenna structure and license area can accommodate LICENSOR's proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement("Tower License Agreement") with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE'S Facilities Page 12 of 107 without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE's communications operations. As to any future colorations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition,the City will be provided "power backup" by LICENSEE, if available at the Premises. 24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agrceinent is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 26. ATTORNEY'S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR'S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement,to any of LICENSEE's (i)partners,parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE's network assets in the geographic area where the Premises are located, or(iii) in connection with any financing, loan, security interest,pledge, or mortgage of LICENSEE's property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty(30)clays prior to any assignment.No Administrative Fee is required for assignments between parties listed in(i-iii) above. 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for coloration on telecommunications tower facilities and will reasonably facilitate any coloration subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for Page 1.3 of 107 additional telecommunications facilities on the Property, other than.the Premises which is already licensed to LICENSEE. A. LICENSEE—COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction,with a future tower colocation user who wishes to collocate/sublease space on LICENSEE's tower, subject to: 1) LICENSOR shall receive a fee of fifty percent(50%) of the Tower Rent, as defined below, received by LICENSEE (the"Additional License Pee"), a. LICENSEE is required to self-report to LICENSOR when their Tower Rent from any source increases. b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE's sublicensee rent obligations for the cellular tower ("Tower Rent")that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE's receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement. c. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty(60) days, or such business summary is not satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have the right to: i. Upon reasonable notice, review LICENSEE's records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE, ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE's books and records related to the Tower Rent to verify the accuracy of the reported amounts. d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for information and access to records in connection with the verification of the Additional License .Fee. 2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s)running coterminous(all starting and expiring on the same date)with the primary or original Page 14 of 107 LICENSEE Agreement. 4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below: Additional Space Required Amount due Licensor per Month Up to 100 ft2 $400.00 100 to 200111 $600.00 200 to 300 ft2 $900.00 Over 300 f12 $1,250.00 The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (41/o) per year,to be increased on each anniversary of the Effective Date of the Amendment to the Agreement. B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR's review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE's submission, or as multiple colocatees, only one colocation non-refundable additional payment shall be required. 29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier,provided the courier's regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows: LICENSOR: City Clerk 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702 With Copies To: Public Works Agency 20 Civic Center Plaza(M-21.) P.O. Box 1988 Santa Ana,CA 92702 LICENSEE: CCTM1 LLC Page 15 of 107 c/o Crown Castle USA Inc. Attn: Legal -Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317 A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days alter it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded, 30, SUCCESSORS. This Agreement shall extend to and bind the heirs,personal representatives, successors, administrators and permitted assigns of the Parties hereto. 31. RELOCATION RIGHT. A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE's Facilities to alternate space on the Property; provided however,that such relocation shall (1) be at LICENSEE's cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter,the quality of communications services provided by LICENSEE on or from the Property, and (5)be done in accordance with subsections B and C below. Upon relocation of LICENSEE's Facilities, the access and utility rights of way will. be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE's facilities. B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the "Notice")to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE'-,Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR's proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the "Relocation Site." LICENSEE shall have up to twelve (12)months after execution of a written agreement between the parties concerning the location and Page 16 of 107 dimensions of the Relocation Premises to relocate LICENSEE's Facilities to the Relocation Site, Upon relocation of LICENSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 32, DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice,the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty(30) days in which to cure any non- monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty(30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30)day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. 33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty(60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than sixty (60)days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty(20)days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adj ustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use. 34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for Losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date Page 17 of 107 originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution ofthis Agreement by the Parties 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement, Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. TERMINATION. A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE's operations that LICENSEE's use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non-appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that .LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days' notice to LICENSEE, B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if(i)LICENSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively "Approvals") reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or tei-rninated without any fault of LICENSEE, or(ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or(iii)LICENSOR fails to cure a default pursuant to Section 32, Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination. is pursuant to (ii) above or(iii) above. C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Page 18 of 107 Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR. 39. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn. S. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows] Page 19 of 107 SIGNATURE PAGE FOR GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES AT EL SALVADOR PARK IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SAN`['A A - r cnnifcr Hall Alvaro Nunez erk City Manager APPROVED AS TO FORM LICENSEE SONIA R. CARVALIJO CCTM1 LLC, City Attorney a Delaware limited liability company By: ��� By: Wra'ndon Salvatierra Name: MaUMWNOrWOOCI Deputy City Attorney Title: ---fir Nat'l RE Qps Date: �7 RECOMMENDED FOR APPROVAL Digitally signed by Nabil laba Nabil C S a b a Datte:2025.03.03 17:13:23 -08,00, Nabil Saba Executive Director Public Works Agency Page 20 of 107 EXHIBIT A Legal Description of the Property THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 545, PAGE 55 OF DEEDS OF ORANGE COUNTY, CALIFORNIA., 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET);THENCE NORTH ALONG THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED BY BENJAMIN WALKER AND WIFE TO DEBORAH CARTER TRUMAN BY DEED DATED NOVEMBER 5TH t924 AND RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA THENCE WEST ALONG THE SOUTH LINE OF THE LAND SO CONVEYED TO DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POINT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET(NOW EIGHTH STREET)245 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL B: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL L: BEGINNING AT A POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MAP OF THE FAIRLAWN PARK TRACT, RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, 125 FEET FROM THE NORTH LINE OF EIGHTH STREET(FORMERLY HICKEY STREET)SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO WALTER G. DAVIS AND WIFE, BY DEED RECORDED AUGUST 24TH, 1923 IN BOOK 486, PACE 184 OF DEEDS OF ORANGE COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID EIGHTH STREET 101.5 FEET; THENCE NORTH 184 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET TO A POINT IN TIIE SAID EAST LINE OF FAIRLAWN STREET, IF Page 21 of 107 EXTENDED; THENCE SOUTH ALONG THE WEST LINE 184 FEET TO THE POINT OF BEGINNING. ALSO A RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES. PARCEL 2: BEGINNING AT A POINT WHICH IS 401.6 FEET WEST OF THE WEST LINE OF ARTESIA STREET (AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1 ST, 1924, BEING 50 FEET WIDE) AND 355 NORTH OF THE NORTH LINE OF HICKEY STREET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET,A DISTANCE OF 46 FEET;THENCE WEST ON ALINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET;THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING, PARCEL C: BEGINNING AT A POINT 125 FEET NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN STREET AND THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO G. A. DEMETRIOU APRIL 22ND BY DEED RECORDED 1N BOOK 423, PAGE 16 OF DEEDS OF ORANGE COUNTY; THENCE NORTH ALONG THE SAID CENTER LINE OF FAIRLAWN STREET, AS SHOWN ON A MAP OF FAIRLAWN PARK TRACT RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF THE SAME WERE PROJECTED, 230 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO F. H. LINDEN AND WIFE BY DEED RECORDED MAY I7TH, 1929 IN BOOK 278, PAGE 1.02 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO LINDEN AND WIFE AND ITS SOUTHERLY EXTENSION TO THE NORTHWEST CORNER.OF TIIE LAND CONVEYED TO L. E. GOFFMAN, AND OTHERS, BY DEED RECORDED DECEMBER 1 ITH, 1929 IN BOOK 335, PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND SO CONVEYED TO THE SOUTH-WEST CORNER THEREOF; THENCE WEST ON THE NORTH LINE OF SAID DEMETRIOU LAND AND PARALLEL TO THE NORTH.LINE OF SAID EIGHTH STREET 142.4 FEET TO THE POINT OF BEGINNING. PARCEL D: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHED BY DEED TO THE CITY OF SANTA ANA, DATED DECEMBER 19TI-1, 1924 AND RECORDED IN BOOK 545, PAGE 55 OF DEEDS, WHICH POINT IS 125 FEET NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE OF Page 22 of 107 EIGHTL-I STREET (FORMERLY HICKEY STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIGHTH STREET 125 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID ARTESIA STREET 46 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET 125 FEET TO THE WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE 138 FEET MORE OR LESS TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; TI4ENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH I11NE OF EIGHTH STREET 271.6 FEET TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18TH, 1923 IN BOOK 473,PAGE 73 OF DEEDS;THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET,271.6 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING ITHIN TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. PARCEL E: PARCEL ]: BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF THE INTERSECTION WITH THE CENTER LINE OF HICKEY STREET,RUNNING THENCE WEST PARALLEL WITH THE CENTER LINE OF HICKEY STREET, 832.39 FEET, MORE OR LESS,TO LAND CONVEYED TO J. H. YOUNG BY DEED RECORDED DECEMBER 10, 1903 IN BOOK 98, PAGE 198 OF DEEDS; THENCE NORTH 318 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND; THENCE EAST 542.52 FEET; THENCE SOUTH 292.71 FEET; TIIENCE EAST 289.87 FEET TO THE CENTER LINE OF ARTESIA STREET; TIIENCE SOUTH 26.89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: BEGINNING AT A POINT 36.90 CHAINS WEST OF THE EAST LINE OF SECTION I1, TOWNSHIP 5 SOUTH, RANGE 1.0 WEST, SAN BERNARDINO BASE AND MERIDIAN AND 6.165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA STREET AND RUNNING THENCE WEST 4.392 CHAINS; THENCE, NORTH 4,435 CHAINS TO THE LAND NOW OR FORMERLY OWNED BY BEN FALLERT; THENCE EAST 4.392 CHAINS TO THE CENTER OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND G AND LOTS 12, Page 23 of 107 13, 15 AND 16 OF TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO. 521,AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL F: THE NORTH 145 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.&M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1 ST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET;THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING. PARCEL G: THAT PORTION OF THE JACOB ROSS ALLOTMENT,.DESCRIBED AS FOLLOWS: .BEGINNING 803.2 FEET WEST OF THE WrERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH;RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A POINT; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 70 FEET TO A POINT;THENCE SOUTH 355 FEET TO `THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL H: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE LOWEST, SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: Page 24 of 107 BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST 130.8 FEET THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 75 FEET TO THE SOUTH 150 FEET; ALSO EXCEPTING THE, THE SOUTH 125 FEET THEREOF; ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF. PARCEL 1: THAT CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH 25 FEET OF THE EAST 75 FEET OF THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.& M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1ST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET;THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO TINE POINT OF BEGINNING. PARCEL J: ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I: COMMENCING ON THE NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET;THENCE EAST 200.8 Page 25 of 107 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET OF THE WEST 150.8 FEET. PARCEL 2: THAT PORTION OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHING BY DEED TO THE CITY OF SANTA ANA, DATED SEPTEMBER 19, 1924, AND RECORDED OCTOBER 17, 1924 IN BOOK 545, PAGE 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING 125 FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET(FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG SAID WEST LINE OF ARTESIA STREET 134 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3, 1924 IN BOOK 552, PAGE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE NORTHWEST CORNER OF TIIE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18, 1923 IN BOOK 473, PAGE 73 OF SAID DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE, BY SAID DEED,230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 125 FEET. PARCEL K: THAT PORTION OF THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, DISTANT THEREON 677.4 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS. SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE OF EIGHTH STREET, 65.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH SAID NORTH UNE OF EIGHTH STREET, 65.8 FEET; THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING. PARCEL L: THE EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING: Page 26 of 107 THAT PORTION OF THE JACOB ROSS ALLOTMENT,DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTH LINE OF HICKEY STREET; (NOW 8TH STREET) 401.6 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING. PARCEL M: THAT PORTION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 300 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID STREETS, AS SAID STREETS EXISTED ON NOVEMBER 20, 1906; THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 101.6 FEET; AND THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING. PARCEL N: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I ST 1924,BEING 50 FEET IN WIDTH; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 50 FEET; THENCE SOUTH PARALLEL WITH TI-IE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH; THENCE EAST ALONG SAID NORTH LINE, 50 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE TRUE POINT OF BEGINNING. PARCEL O: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET(FORMERLY HICKEY STREET) 150.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH, PARALLEL WITH TIIE WEST LINE OF ARTESIA STREET 125 FEET TO THE Page 27 of 107 NORTI LINE OF EIGHTH STREET;THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 88 FEET TO THE POINT OF BEGINNING. PARCEL P: THAT PORTION OF THE JACOB ROSS ALLOTMENT,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET(FORMERLY HICKEY STREET) 238.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIAN STREET EXISTED PRIOR TO SEPTEMBER IST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE- NORTH LINE OF EIGHTH STREET, 61.6 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 61.6 FEEF TO THE POINT OF BEGINNING. PARCEL Q: THE EAST 75 FEET OF THE SOUTH 125 FEET OF THE SOUTH 125 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, S.B.S.&M., AS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LN THE NORTH LINE OF WEST EIGHTH STREET, 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO SEPTEMBER I ST 1924;. THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.8 FEET; T HENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 355 FEET TO THE POINT OF BEGINNING. PARCEL R: TIIE SOUTH 125 FEET OF TIIE WEST 150.8 FEET OF THE FOLLOWING: COMMENCING ON THE NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET;THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING. Page 28 of 107 EXHIBIT B Original Agreement INSURANCE NQJ CV FILE A-20os-290 WORK MAY MQT MOCEED CLERK OF COUNUL LEASE ACREEMENT BETWEEN nhTE; '3f204M THE CITY OF SANTA ANA AND T-MOBILE REGARDING COMMUMCATION TOWER FACILITIES AT EA,SALVADOR PARS( This Agreement,mnde this 17s'day of November,1008,between the City of Santa Ana,a charter city and municipal corporation organized and existing under the Constitulion and laws of the State of California hereinafter dcsignatctl"LESSOR"and Onimpoint Communications,Inc., as subsidiary of T-Mobile USA Inc.,a Dolawarc corporation hereinafter designated"LESSEE". 'Me LESSOR and LESSEE are at times collectively referred to hereinafter as the"Partlee'. I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property conunonly known as Sal Salvador Park (the entirety of LESSOR's propetty is re€erred to horcinaltar as "the Property"and a legal description of the Property is attached hereto as.Exhibit"A"),located at 1825 Civic Confer Drive West,Santa Ana CA,92703,APN:405-121.11,and being described as a 15'0"by 2210"parcel containing 330 square feet including space for LESSEE'S Equipment Shelter and access for the installation of a Monapine Communications Towo Structure located on the Property,and access for the notation support structure for cable runs to connect LPSSEE'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-Pour(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(I2')foot wida right-of-way extending from the nearest public right-of-way,to the demised premises,said demised premises and right-of-way(hereinafter collectively rdferred to as the"Prcanisea')for access being substantially as described herein in Exhibit"B"attached hereto and made a part hereoE 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 than become Exhibit"B"which shall be attached hereto and made a part hereof,and shall control to the event of boundary and access discrepancies between it and Exhibit"A". Costs incurred fbr such work shall be tome by LESSEE, 3. IYAR, This Agreement shall be effbelive as of the data of execution by both parties,provided, however,the intial term shall be for ten(10)years and shall commence on the Coltmaenecrnent Date(defined below). 4. RENT. After the Commencement Date,rental payments will be due.in on annual rental amount of twenty eight thousand eight hundred($28,800.00)to be paid in"out monthly installments of two Ihouiand four hundred dollars($2,400,00)per month on the first day of the month, in advancC„to LESSOR or to such other person,firm or place as the LESSOR may, from time to lima,designate in writing at least thirty(30)days is advance of any rental payment date. Rent shot[commence upon ilia issuance of the building permit for I-ESSEE's Facilities(its defined below),or twelve(12)months after the Aril execution of this.agreement,whichever occurs first ("Commencement Date), (front 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"/e)of the Chen-curront monthly rent. Retilal amounts atirllnnable to partinl months shall be prorated on a daily basis, All Rent and Deposits shall be deposited according to the directions outlined in Exhibit"O". S. ANN JA_L_..R NTt1I {NCRCASES The rent payments shall be subject to an annual rental inercaso of four percent(49/6)per year,to be increased on each anniversary of rite Commencemcnt Date. 6. In recngnitiens that the Commencement Date:mny not occur concurrent with the execution of this Agreement by all parties,LESSEE hereby agrees to pay to LESSOR a one time,non- recurring,non-refundable payment equal to one(1)months rent,within thirty(30)days after the Commencement Dale. Notwithstanding the above,Lessor shall refund Lessee the initial payntent in the event Lessee is unable,due to the sole fault and unreasonable delay of Lessor,to obtain all Approvals necessary to construct Lmoa's fneflitles, within 6 months after the Aill oxecutten of this agreement. 7. EXTENSIONS. no Lease Agreement mny be extended for up to three(3)additional live-year (5)terns(each a Renewal Term ). Each Renewal Tern shall be on the terms and conditions as set forth herein Sire Vo: 11age r of:23 QcAddmw rB2,-OvieCtnt¢rl)*OWast,SminATKCA42703 Page 29 of 107 as follows; (!)six months prior io lho expiration of the initial term,if LESSOR,in its reasonable discretion determines that LESSEE's continued tenancy is not In conformity with LESSOR's intended use of the Property,LESSOR shall provide written notice to LESSEE that the Lease will not be extended, (ii)Thereafter,each subsequent renewal shall be subject to the following procedure:If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six(6)months prior to the end of the then current term,; Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If Lessor does not respond within sixty(60)days,the lease is deemed renewed far an additional Renewal Term. If neither party provides notice asset forth above,the lease shall continue an a month-to-month basis, R. GO N P V LS, It is understood and agreed that LESSEE's ability to Ilse the Premises is contingent upon its obtaining.all of the ecrtifieates, 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 asset forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain sash 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 riot the obligation)to enter the Premises for the purpose of making necessary inspections and engineering surveys(and soil tests.where npplicable) and other reasonably necessary tests(collectively"Tests")to determine the an liability of the Promises for LESSEE's Facilities(defined below)and for the purpose of pMparing for the construction of LESSEE's Facilities. Iu the event that any of such applications for such Governmental Approvals should be finally rejected or arty Governmental Approval Issued to LESSEE Is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring Nests 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 LESSEH's exercise of Its right to terminute shall be given to LESSOR in writing by certified mail,return receipt requested,and shall be effective upon the mailing of such notice by 1,85SEF, All rentals paid to said termination date shall be retained by the LESSOR. Upon such ternination,this Agreemont shall became null and void and all the Parties shall have no further obligations including the payanent of.money,to each other, 9, APPROVAL OAF AI', Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LFSSEE's work plans, which approval shall .not he unreasonably, withheld, conditioned, or delayed; such approval shall be issued by the City Manager or Wier designee. LESSOR shall give such approval or provide LESSEE with its rcqucsts for changes,which changes must comply with all applicable building codes, In writing within fifteen (15)working days of L"SOR's receipt of LESSI~E's work plans. If LESSEE door.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. LFMR s€tall not be entitled to receive any additional consideration in exchange forgiving its approval of LESSEE's plans. 10. UM,UA1lj{,r:1�tLANCE. LESSEN may use the Premises for any lawful activity in connection with LESSEE'. provisioning of .its tnobil0wirolc6s communications services, Including without limitation, the transmission and the reception of radio communication signals on various licensed frequencies. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises its 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 structuros Find improvements O LESSEE's Facilities"), All improvements shall be at LESSEE's sale expense and the installation of all improvements shall beat the discretion and option of LE831713,.with LESSOR approval,which approval shall riot be unreasonably withheld, delayed or Conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterailons, 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 he effoctcd with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing,once(he initial improvements are installed,LESSEE may replace,substitute; upgrade and expand its equipment,cables and antennas vvhtch comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of I,PSSEE's Facilities,with notice to LESSOR,so long as the equipment,cables or SitoNO:L403009CIElSityWtVwk Psge10(23 Site Address: I S2S Civic Conter Drive wesi,Ssa:ta Atia,CA 92703 Page 30 of 107 antennas remain within the original physical parameters of the Premises. LESSEE shall not make any submantive physical and/or aesthetic changes to the Promises 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. LUSSRE shall be responsible for the cost of any and all damage 10 the property Including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or roplace said damages or contract for said services and bill LESSEE. Vie cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE,shall have the right to install any warning signs.on or about the Premises required by federal,state or local law. LESSEE's Facilities shall be constructed and maintained in a tnannor and with materials that arc consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic roaderings. LESSOR.shall provide LESSEE,LESSEE's employees,agents,contractors,subcontractors and assigns with access to the Premises twenty-four(24)hours a clay,seven(7)days a week,at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress fmm the Premises,and hereby grants such rights to LESSE13 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 Promises 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 repainting of LESSEE's Facilities,such maintenance must be completed by LESSEE within thirty(30)days. 11. INDEM1EKA tom. A. I,ESSEF.'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 Promises.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 w.illf►il misconduct of LESSOR,its officers,agents,employees,successors,assigns,.or contractors;(ii)violation of late by LESSOR,its officers, agents, employees, or contractors; (fit)the breach of any duty or obligation by LESSOR under this Agreement;or(iv)any condition relating to the Promises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, saccesgors and assigns harmless fran and against any and all less, cost, claim, liability ("Claims")occurring on the Premises and arising,out of or connected with the negligencc or willful misconduct of LESSOR,its officers,agents,eruploym,or contractors,including,but not limited to City Business as defined In Section 17 below,except for Claims arising out ar(i)the negligence or willful misconduct of LBSSHE,its officers, agents,employees,or contractors;(ii)violation of law by LESSEE,its officers,agents,employees.,or contractors; (ii€)the breach of any duty or obligation by LFSSEE 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 hag any employees.it is required to he insured against liability for worker's compensation or to uadcrlake self-insurance. Prior to commencing performance of this Agreement,LESSEE agrees to obtain anti maintain cmploycr'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—wic cost,a.polity or policies of commercial general liability insurance,or equivalent form,with a combined single.limit of not Less than$1,000,000 per occurrence. Such insurance shall. (1)name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds{see sample Exhibit L;);(2)be.primary with respect to Insurance or sett insurance programs maintained by LESSOR,except claims resulting frorir LESSOR's negligence or misconduct;(3)contain standard separation of insured's provisions;and(4)give to LESSOR prompt and timely notice of claim made or suit Instituted arising oot of LESSEE'S operations hereunder. SitoNq. LAa3009C11331$aYadorPark Pege3❑r23 lkc Addrosr: U25 Ovir.Canter chive West,5nnrn Ana,CA 92703 Page 31 of 107 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 aid 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. Ia. ffEWIRENCE. LESSEE's Facilities shall not disturb the conummications configurations, equipment,and frequency,which exist on the Property on the date this Agreement is fully executed("Pre-Existing Communications"),or public safety communication operations, as may be upgraded periodically,and LESSEE's Facilities shrill comply with all rion,interfarence 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, LESSER shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference andlor immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the some tuanner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants,assignccs,licensees,or accupanls 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 unmosonably withheld, conditioned, or delayed, provided that USSL'E's consent may be withheld if interference with LESSEE's transmissions,roceptions,operations,or use of frequency will tesult due to such use,whether or not such interfcrenc:e is.with LESSE>'s frequencies or otherwise, The City Manager shall determine whether consent is unreasonably withheld and may require LESSER to consent subject to the above conditions, in the event of any interference with LESSOR's public safety communications operations,LESSEE shall have twenty-four(24)hours after receipt of notice to cure time interference,and ifIXISSEE fails to do so,LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for Intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If.LLSSEE's Facilities interfere with LESSOR's public safety cornmonications operations during an emergency,LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE His to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities: LESSEE shall reimburse LESSOR far any actual,reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. UPON `fERMINA 'ON. LESSEE, upon expiration or earlier termination of the Agreement,shall, within ninety (90) days, remove LESSEE'S Pixturos and all personal property and otherwise restore the Premises substantially to its original condition,at LESSEE's sole expense,reasonable wear and bear,and casualty excepted. Underground conduits,faurdations and structures may remain at LFSSOR's option. LESSOR agrees and acknowledges that all of the equipment and personal property of LESSEE shall retrain the personal property of LESSEE and LESSEE shalt have the right to remove the same,excepting the building structures erected on the property, If such time for removal causes LESSEE to remain on the Premises past the atbrcrnienticned ninety (90)day period after the expiration or canker termination of this Agreement,LESSEE shall pay rent at the then existing monthly rate or on the axisling monthly pro-rota basis ifbased upon a longer payment term,until such time as the removal of Lite building,antemra structure,fixtures and all personal property are completed, Antenna support structure and all utilities cabling and wiring shall remain at I-ESSOR's option in its as-is condition. 15. REC:ORDINO AND QUITCI,ATM(�( _ Ifrequcsted by LESSEE,LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit VF . LESSEE agrees to execute and record a quitclaim deed or other Inshument evidencing time termination of LESSEE's interest in the Property upon the expiration or termination ofthis Agreement. 16. RI(�l1"t'S UppNJ aU. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the property to a punpltaser 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-disturbancc agrectnetnt from.the present and any future mortgagees) or holdcr(s)of a deed of trust confirming that i.CSSI E's right to quiet possession of the Prernisas during this Agreement shall not be disturbed,so long as LESSEE Is not in default under this Agreement. Site No. L403069Cf nil Savad"r Park Page 4 of 23 Situ Address; 1925 CSvlc Center Dtiuc West,Siam Am,CA 927113 Page 32 of 107 17. IET EN7 YMENT. LESSOR covenants that LESSEE,on paying the rent and perrornahsg the covenants shall peaceably and quietly have,hold and enjoy the Premises, provided however,that LESSOR shall havC the right and privilege to conduct City Business on the Property,as necessary, "City Business"shall include, but not be limited to the following: minor maintenance,minor landscaping,minor construction,concessionaires, and City sponsored events,looted 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, ND LLU S. LESSEE w€II not permit any mechanics'or materinimcn'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 awn expense. If LLSSf FB desires to contest any such lien,then prior to commencing such contest, it will post a bond,where necessary,to release the lien. 20, M15("1 LLAIVEGIUSLFSSHF KESPONS113141TIES, 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 Fnsdtute (ANSI)standards. Without limiting the provisions of LESSEF's indemnity contained herein,LESSEE,on behalf`of itsolfand its successors and assigns,shall indemnify LESSOR from and against all claims of personal injuries duo to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Promises. B. LESSEE~shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Promises safe. LESSOR may require LESSEE to make repairs.to and/or replace damaged equipment of LESSEE'&Facilities and/or any parts thereto regardless of fault(including bill not limited to damage caused by vandalism or acts of gad not later than one(1)week after said damage is reported to LFSSFFE except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization Is not given and repairs are not made in 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 LESSEN for the cost of said services. Damage caused by graffiti shall be removod within forty-eight(49)hours notification to LESSEE by LESSOR, If said graffiti is not removed within the 48-Lour period,City may remove said gratTili and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly agahul its equipment and all increases in LESSOR'S real property texas or assessments directly attributable to installation of LESSEE'S equipment or LESSEE's;Ise of the Premises, within sixty(60)days after receipt of satisfactory documentation indicafing Calculation of LFSSHE'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 LESSER 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 Willi LESSFF In its efforts to obtain utilities fr am any location provided by LMOR or the servicing utility, including signing any easement or other instrument reasonably requind by the utility company. E. LFSf>EE 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. Situ No: IAD3009C 1 R.I$avador Paik Pap S 023 Site.Address: IUS Civk Ccator Oriw Wrs Santa Ana,CA 92703 Page 33 of 107 2L EMERGENCY USE OP SITE, LES$EF shall make available to the police,Ere and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities,subject to stnictural analysis. The City of Santa Ana is responsible for maintaining its own equipment. "rho space to be made available will not create interference with LESSEE's colnnrunicalimis operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause inter&rence with LESSEE or LESSOR and the Chy'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. INTEGRATIOM It is agreed and understood that this Agreement contains all agreements, pronlses and undarstandings 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 Patties, in the event any provision of the Agreement is found to be invalid or unenrorceable, such finding shalt 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, 23, GOVEiRNiNG LAW. This Agreement and the performance thereof shall be governed, interpreted,construed,and regulated by the laws of ilia State of California,with venue in Orange County, 24. ATTORNEYS' FL ES 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. 23. MIGNMENT AN0 Co-LOCATION. a. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withhold, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement,to any of LESSEE's(i)partners,parents, subsidiaries, affiliates, or successor legal entitles, (ii)In connection with the sate, 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 financbig,loan, security interest,pledge,or mortgage of LESSEE's property. b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on cantmunication tower facilities and will reasonably facilitate any co-location subject to the coaditions outlined in Paragraph 13(IN f3RFERENCC). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect.to space for additional communication facilities on the Property. Further,LFSSFF shall enter into-a TOWER LEASE AORUMENT,subject to all permits and approvals fkom all governmental agencies having jurisdiction thereover,with a future tower W-location user,subject to LESSOR receiving fifty percent(50%)of the tower rent received by LESSEP. LESSI E shall provido for LESSOR'S consent on any TOWLR LHASH AGREEMENT and copies of the executed agreement.The Patty's Intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup Its cost of construction and maintenance of said tower facilities on a pro-rata.basis with subsequent users. The Parties intend that LESSOR,and not LESSEE,should benefit financially, from any future tower co-location agreement. Additionally,LESSEE shall deliver to LESSOR a copy of any Inter. carricr Co-location Agreement which relates to the Pretnlses. 26. NOTICE-S. All notices hereunder must be in writing mid shall be deemed validly given If sent by certified snail,return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it gueranlees 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 Marty to be notified may have designated to the sender by like itutice)_ Site No, IA07009C I TH Sayw6r Park t'age fi nrZ3 Sift Addttm 1825 Ovte Center Drive West,Soma Ana,CA 92703 Page 34 of 107 LESSOR: City of Santa Ana Executive Director Parks,Rec.&Community Services(M 23) 998 W.Santa Ana Blvd. Santa Ana,CA 92702 Courtesy City of Santa Ana—Office of the City Attorney Copies to 20 Civic Center Plata(M-29) P.O.Bar 1988 Santa Ana,California 92702 and ATS Communications 22642 Lambert Street,Suite 402 Lake Pored,Caliromia 92630 Attn:Tony Ingcgneri LESSEE: T-Mobile USA,Ina. 12920 SE 38ih Street Bellevue,WA 98006 Attn: PCS Lease Adminisltatorl LA03009 Willt a copy to: Attn: Legal Dept.f LA03009 And with a c2gy Lt.: Attn!Lease Administration Manager/LA03009 Notice shall be effective upon mailing or delivering the same to a.commercial courier,as pennitted above. 27. S�TICCESSORS, This Agreement shall extend to and bind the heirs, pemonai represenlativas, successors,administrators and assigns of the Parties hereto. 28, EU AT1C O N MGM . A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE, to relocate LESSEE's Facilities to ahernate space on the Property,provided however,that such relocation shall(1)be at LESSOR's cost and expense which shall be limited to reasonable expenses ofmoving and re-installing the lower structure and accornpanyiug equipment,including the cost of Clly permits and fees which LESSOR may legally pay, (2)be performed by LESSEE or its agents,(3)not result in any inlermpticm ofthc communications service provided by LESSEE on[be Property,(4)not impair,or in arty manner alter,the quality of communications service provided by LESSEN on and from the Property,and(.5)be done in accordance with subsections B and C below, Upon relocation of LESSEF's Paeilities,the access and utility rights of way will be relocated as required,in the sole discretion of LESSOR,to oper-atc acid maintaht.LESSEC's Tacilities. B. LESSOR shall exercise its relocation right undix subsection A above by(and only by) dellvering written notice(the"Notice")to 1;E5SER In the Notice,LESSOR shall propose an altemate rile 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 or Dee proposed relocation site. If LESSEP.fails to disapprove of such proposed relocation site in writing within the sixty-day period,LESSEE shall be deemed to have approved such proposed relocation Site, If LESSEE disapproves such relocation site,then LESSOR may thercaflcr propose another relocatlon she by Notice to LESSEE In the matter 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 up to twelve(12)months attar 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. Site He: I AOA009C I RI Savatur Fetk Page 7 of23 Site Address: 1921 Civic Center Vrtx'a west,Srmle Ana,CA 927a3 Page 35 of 107 Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to he references to the Relocation Site. LESSOR and LBSSEF,agree that the Relocation Site (including the access and utility right of way)may be surveyed by a licensed surveyor at the sole cast of LESSFF and such survey will thon replace Exhibit"S"and bticome a pall herzof 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 aoy part thereof,under subsection A above,affect,atter,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,based on a ten-year lease period. 29. DBPAULT. 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 ally monetary default and thirty(30)days in which to cure any FlOn-monetary default,provided the defaulting party shall have such extended period as may be rcgaired beyond the thirty(30)days if the nature ofthe cure is such that it reasonably reiluires more than(]kitty(30)days and the defaulting patty commences the cure within the thirty(30)day period and thereafter continuously and diligently pursues the cure to completion. The ttou-defaulting parry may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting patty 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 wide this Agreement,the prcvniling party shall be entitled to have and recover from the losing party reasonable atlomey's fees and costs of suit. 30. FNVIROIVMENTAL A. LESSEE shall not bring any Hazardous Materials onto the Premise0roperty;except for those contained in its back-up power batteries and common materials used in telecommunications operations, "Hazardous Matcrlals"shall mean any substance,chornical 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 disposo of any Hazardous Materials brought onto the Premises/Property by it In accordance with all federal,state and local laws and regulations. 13. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including nay 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 concerts as may now or at any time hereafter be by 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 agsnno.all duties,responsibility and liability at LESSOR'S sole cost and expense,for all duties,responsWitles,and liability (including but not limited to payment of penalties, sanctions; forfeitures, losses, costs, or damages) and for responding to any action,notice,claim,ardor,summons,citation,directive,litigation,investigation or proceeding which is in any way rotated to; (i)failure to comply with any environmental or industrial hygiene law, including without limitation envy regulations,guidelines,standards,or policies of any governmental anthoriting regulati ip or imposing standards of liability or standards of conduct with regard to any environmental or Industrial hy�ienc concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEiF.;and(ii)any environmental or Industrial hygiene conditions arising out of or in any way rotated 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 ba ropaired 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 trt disrupt LESSEE's operations ut the Premises for more khm►sixty(60)days,then 1,P SSEE may at any time following such:tire or other casualty,provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises,terminate this Agreementupon twenty(20)days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire will, the same force and effect as though the date set forth in such.notice were the date originally set as the expiration date of Ws Agreement and the parties shall make an appropriate adjustment,as of Site NO:1AW0 C1141SavetlorPark Page aor23 Site Address: 1925 Civic Center Drive ltesi,Santa.Ana,CA 92703 Page 36 of 107 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 nbated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises,LESSEE may terminate this Agroomunt upon fifteen(15)days written notice to LESSOR. LESSER 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 apptopriato adjustment as of such termination date with respect to payments due to the other snider this Agreement. 33. SUBIVII j N bQ__P M_M The submission of this Agreement for examination dues not constitute an offer to lease the Premises and this Agreement incomes effective only upon the full execution of this Agreement by the Parties. If any provision heroin is invalid,it shall be considered deleted from this Agreement and s.lrall not invalidate the remaining provisions of this Agreement. 34. APTLICAIILE LAWS, LESSEE shall use the Promises for the tisc 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 respeel to its use of tine 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, 36. CAPILQNS. Tba captions contained in this Agreement are inserted for convenience only and are not intended to be part ofthe Agreement. They shall not uffect.or be utilized in the construction or Interpretation of the Agreement, 317. F PBR,rY SPECIFIC ACCESS RU_LESIREQUI ATIQNS To the extent that such Files are not inconsistent with or do not interfer@ with LESSFE's rights heroin, LESSEE agrees to abide by all rules and regulations of the Property and Premises Imposed by LESSOR as set forth in Fxhibit D,attached hereto,as the same may he changed fhm tine to time upon reasonable notico to LESSEE, These ntles 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. 3$. [' LN'CiRMO-DQ URING 141A TENANCE 1 REPAIR. LESSEE agrees that during all maintenance on the Communications facility by the LESSOR or other lessees or uses of the Facility, while following the procedures and guidelines set forth by the Occupational Safely and Health Administration(OSHA) and the FCC implementing the National ]environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel(based upon standards promulgated by a governmental authority having jurisdiction over LESSEE)duo to radiation,the off+ected trausmitiets of LESSEE will be turned off until the unsafe conditions no longer exists. The earliest practicable notice will bo given to LESSEF using the information in Exhibit E,as applicable. 39. TFI MAT-JON, A. Compelled Termination: If, during the lease term, there is a determination made pursuant to Eon 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 hoalth hazard which cannot be remedied and that LESSEE must cease all operations on the Premises,then LESSE13 shalt immediately cease all operations on the Premises and this Agreement shall terminate w of the date of such order. In the event the Federal Catmmunications 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 I ESSEB's use as silt forth in this Agreement presents a material risk to the public health or safety and that LESSEE, most cease all operations on the promises,LESSOR may terminate this Agreetnent upon fourteen(14)days notice to LESSEE. Site No: EA03009CI Gt Savador Palk Page 9 ar23 Site Addregs: 1825 Civic Certrer Drive West,Swat Ana,CA 92703 Page 37 of 107 13, 'Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if(1)LESSEE does not obtain all permits, Consents,easements,non-disturbance agreements or other approvals(collectively"approval")reasonably desired by LESSEE or required ttam any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities,or ifany such approval is canceled,expires or Is withdrawn or terminated without any fault of LESSEE, or(it)LESSOR falls to have proper ownership of the Premises or the authority to enter into this Agreement,or (III) LESSOR fails to cure a default pursuant to Section 29. Upon termination,all prepaid Tent shall be retained by LESSOR,unless termination is pursuant to(ii)above or(iii)above as the result of LESSOP's default. C. Terminnflon by LESSOR: LESSOR may terminato this Agreement if LESSEE falls to perfUrm any of its ohligations pursuant to this Agreement(including all atfaobod Exhibits/Attachments)after giving written notice to LESSEE and reasonable time to cure.as set forth in Section 29, Au. MINCELLANBOUS 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 attoraey'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 Agreeinenl. C, LESSOR shall not have unsupervised access to LESSEE'S equipment and LESStiE's FaOlilics,oxvept in cases of exigent eircumstances or emergency situations. IN WITNESS WIIEItEQF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA �1 PATRWIA 9,HEALY Q DAVID N.REA Clerk of the Council City Manager APPROVED AS TO FORM-. JOSEPH W.FLL-rCHER City Attorney By: LAL] SIA 1EE11Y -- LESSEE: Assistant City Attorney . Omnipoint Communications Inc., a subsidiary off-Mobile USA Inc. Approvw is to n'erm By; Toni$B.0$e Printed Nerve. CHILI OPHF ;LDRICII3 Corporate Counsel Its: Rcglonil Development Director I)ato: —f-� '05 Siae h'n: I.A03009C JEI Savndor Pwk Pae 10 of 23 Sib Address: 1825 Civic Cenlcr uric Wesi,Saran Ann,CA 92703 Page 38 of 107 EXHIBIT A LEGAL,DESCRIPTION OF THE,PROPF,RTX APN:405-121-1 l All that certain real proporty located in the County Of Orange,State of California,being inure particularly described as follaws: PARaL A. ALL THAT REAL PROPERTY SITUATED 1N THE CITY OF SANTA ANA,COUNTY OF ORANGE, STATE OF CALIFORNIA,DESMSED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET,AS SAID LINE WAS ESTABLISHED BY DEED RECORIIED IN BOOK 545,PAGE 55 OF DEED$OF ORANGE COUNTY CALIFORNIA,217 FEET NORTH OFTHE NORTH LINE OF HICKEY STREET(NOW EIGHTH STREET),THENii NORTH ALONG THE WE5T LINE OFARTESIA STREET92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OFTHE LAND CONVEYED BY BENIAMIN WALMA AND WIFE TO bEBORAH CARTER TRUMAN BY DEED DATED Nov"bo STH 1924 AND RE:COADED December$RD, 1924 IN 800K 552,PAGE 227 OF DEEDS,RECORDS OF ORANGE COUNTY, CALIFORNIA;THENCE WE57 ALONG THE SOUTH LINE OF THE LAND 5OCONVEYEDTO DEBORAH CARTER TRUMAN AND THE EMNSION THEREOF 245 FEET TO A POINT;THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET NORTH OR LESS TO A POINT 21.7 FEET NORTH OF THE NORTH LINE:OF HICKEY STREET(NOW ENGLISH STREET);THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET(NOW EIGHTH STItEU)245 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL Bf ALL THAT REAL PROPERTY SITUATED IN.THE CITY OF SANTA ANA,COUNTY OF ORANGE, STATE OF CAUFORNIA,DESCRIBED AS FOLLOWS: PARCEL I, BEGINNING AT A POINTIN THE WEST LINE OF FAIRIAWN STREET,AS SHOWN ON MAPOF THE FAIRLAWN PARK TRACT-,RECORDED IN BCOK 4,PAGE 46 CF MI,SMLLANEOUS MAPS,RECORDS OF ORAME COUNTY, CALIFORNIA,IF SAID STREET WAS f»KTENDED NORTHERLY,125 RETPROM7HE t4ORTH LINE Of EIGHTH $TREJET(FORMERLY HICXEY STREFM SAID POINT BEING IN THE NORTH LINE OFTHE LAND CONVEYED TO WALTER G:DAVIS AND WIFE,BY DEED RECORDED AUGLIST24TH,1923 IN 0OOK4B5 PAGE 1H4 OF DEEDS OF ORANGE COUNTY,THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID FGHTH STRE T m4 FEET,THENCE NORYH 189 ROiTHENCE EAST PARALLEL WITH THE SAID NORTH LINP OF EIGHTH STREET 101.5 FEET'TO A POINT 1N THE SAID EAST LINE OF FATRLAWN STREET,IF EXTENDED;THENCE SOUTH ALONG THE WEST LINE IB4 FE[TTO THE POINT OF I1IaCaMING. ALSO A RIGHT OF WAY OVER A STRIP OF LAND 25 FRET WIDE IMMEDIATULY ADJOINING THE ABOVE DESCRIBED LAND ON THE CAST FOR STREET PURPOSES. PARCEL 2: BEGINNING AT A POINT WHICH 15 401.6 FEET WEST OF THE WEST LINE OF ARTESIA STREET(AS SAID ARTESIA STREET EXISTED PRIOR TO Septeaftbo IST,1.924,DING So f=EET WIDE)AND 355 NORTH OFTHE NORTH LINE OF HICKEY STREET;THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF I€tCKEY STREET A DISTANCE OF 1.00,5 FE LrT;THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET,A DISTAN"OF 40 MET;TH04M WESTON A M—PARALLEL WITH THE Molly"LINE OF HICKEY STREET.A DISTAANM OP 100.5 FEET;THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DWANa OF 416 FEET TO THE POINT OF BEMNNING. Site Ve:14%430WC I U Sava der Park Nn$e 11 of 23 Si[e Addmw 1$25 CtvieCentcr Dmc Wesa,Staata Ann,CA 427A1 Page 39 of 107 PARCEL C: BEGINNING AT A POINT 125 FEET NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN STREET AND THE NORTH LINE OF EIGHTH MPFT(FORMERLY HICKEY STREET)SAID POINT BEING IN THE NORTH UNE OF THE LAND CONVEYED TO G.A.DEMi fRIOU APr(I 22ND 6Y DEED RECORDED IN BOOK 423, PAGE 16 OF DEEDS OF ORANGE COUNTY;THENCE NORTH ALONG THE SAID CENTER LINE OF FAIRLAWN STREET, AS SHOWN ON A MAP OF FAIRLAWN PARK TRACT RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOl1S MAPS,RECORDS OF ORANGE COUNTY,CALIFORNIA,IFTHL SAME WERE PROJECTED,230 FEE E;7HE_NCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH ST'REET,142A FEET,NORE OR EE=56 TO THE NORTH-YYF-ST CORNER OF THE LAND CONVEYED TO F.H.LINDEN ANI)WIFE BY DEED RECORDED MAY 17TH, 1929 IN 800K 278 PAGE 102 OF OFFICIAL RECORDS;THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TF LINDEN AND WIFE AND ITS SOUTHERLY EXTENSION To THE NORTH-WEST CORNER OF THE LAND CMVEYED TO L.E,GOFF MAN,AND O HERS,BY DEED RECORDED D&mmHer 117H, 19291N BOOK 335,PAGE 104 OF OFFICIAL RECORDS,THENCE SOUTH ALONG THE WEST UN1E OF THE LAND SO CONVEYED TO THE SOUTH-WEST OORNER THEREOF;THENCE WEST ON THE NORTH LINE OF SAID DEMETRIOU LANDAND PARALLEL.TO THE NORTH LINE OF SAID EIGHTH STREE7142.4 FWT0 THE POINT OF BEGINNING. PARCEL 0: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE:, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: COMMENCING ATA POIRr ON THE WEST LINE or-ARTESIA STREET AS SAW STREET"WAS ESTABLISHED BY DEED TO THE CITY OF 5AN1'A ANA,DATED DtmtA Wr ATM,1924 AND RI C0110M IN BOOK S45,PAGE: 55 or DEEbs,WHICH POINT IS 125 OUST NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE Of EIGHTH STREET (FORMERLY HICKEY STREET)- RUNNING THENCE WESTERLY PARALLEL WITH THE NOR71.1 LINE OF EIGHTH STREET 125 FEET TO TEE"TRUE POINT OF.BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY UWE OF SAID ARTESIA S'['REff 46 FEET;THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET`12S FEET TO THE WE STVALY LINE OF SAID ARTESIA STREET;THENCE NORTHERLY ALONG SAID WESTERLY LINE L30 FEET MORE OR LESS TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DecCtti w 3RD 1924 IN BOOK 552, PAa 227 OF DEI:I)S,*THENCE WESTERLY ALONG SAID SOM LIME:125 FEET; THENCE:NORTMERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET 46 FE T;THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TQ THE NORTHWEST CORNER OF'01E LAND CONVFYED TO IIENMTAMIN WALKER AND WIFE BY OEED RECORDED MAY I87H, 1923 IN BOOK 473, PAGE 73 OF DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO MNNAMIIN WALKER AND WIFE BY SAID DEED 230 FEETTO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET,THENCE EW PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET,271,E FEET`TO THE TRUE POINT&BEGINNING. EXCEPTING T"EAEFROM ANY PORTION OF SAID LAND LYING WITHIN TRAC>r NO,$21 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23,PAGE;32 OF MISCELLANEOUS MAPS,WORDS OF SAID ORANGE COUNTY,CALIFORNIA, PARCr!l E: PARCEL 1; BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET,W FEET NORTH OF THE INTERSECTION WITH'THE CENTER LINE OF HICKEY MEF 7,R1I[VNING THENCE WEST PARALLEL W"M THE CENTER LINE OF HICKEY STAW, 032.39 FEET, MORE OIL LESS, TO LANE) CONVEYED TO 3, H. YOUNG E3Y DEED RECORDED t3eoemher 113,1003 IN WOK 98,PAGE 198 OF DEEDS,THENCE:NORTH 318 FEET`,MORE;OR LESS,TO THE NORTHEAST CORNER OF SAID YO(JNG'S LAM);THENCE EAST 542.52 FEET;THENCE SOUTH 292.71 FEET;THENCE EAST 28 W FEEF'TOTHE CENTER LINE OF ARTESIA STREE E`;'I HENCE SOUTH 26.89 FEET',MORE OR LESS,TO THE:POINT OF BEGINNING, Site No: LAMOUC/tlSnvadorPark Pap 12of23 SitvAddms: E82S CIAO CenterDriveWeat.Santa Ana,CA92703 Page 40 of 107 PARCEL 2: BEGINNING AT A POINT 36.90 CHAINS WEST OF THE EAST LINE OF SECTION 11,TOWNSHIP 5 SOUTH, RANGE 10 WEST,5AN BERNARDINO BASE AND MERIDIAN AND 6.165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVE5 ALLOTMENT IN THE RANCHO SANT IAGO DE SANTA ANA SAID POINT WNG IN THE CENTER OF ARTESIA STREET AND RUhNdING THENCE WEST 4.30 CHAINS;iiHENCE,NORTH 4.435(3-IAINS TO THE LAND NOW OR FORMERLY GOWNED BY BEN PALLERT,THENCE EAST4.392 CHAINS TO THE CENTER OF AW NSIA STREET AND THRICE SOUTH 4:435 CHAINS TO THE POINT DF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND G AND LOTS 12, 13, 15 AND 16 OF: TRACT NO. 521,AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23,PAGE 32 OF MISCELLANEOUS MAPS,A5CORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO.524,AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23,PAGE 32 OF MISCELLANEOUS MAPS, SEte No: I,A43009C/Ei Savaador Durk Page 13 of 23 Slid Address: 1.S25 Civic Ctittter Drive West,Sontrr.Ana,CA 92103 Page 41 of 107 RECORM OF SAW ORANGE COUNTY,CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYEDTO TlHE SANTA ANA UNIFIED"SCHWL DISTRICT IN THE DEED RECORDED Januarf 29, 1073 AS INSTRUMENT NO.23886 IN BOOK 10533,PAGE 194 OF OFFICIAL RECORDS. PARCEL F, THE NORTH 145 FEET OF THAT POItnON OF THE SOUTHWEST QUAMR OF SECTION 11,TOWNSHIP 5 SOLFTH,RANGE 10 WEST,S.9,B.&M.,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET"WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA.STREET,AS IT EXISTED PRIOR TO LANE.OF RTESIA STREET 355 FEET;THE CE T 130.8 EAST PARALLEL W WITH THERTH PARALLEL WITH THE WEST NORTH LINE OF WEST EIGHTH STREET 130.8 FEET,THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF OEGINNING. PARCEL G: THAT PORTION OF THE JACOB ROSS ALLOTMENT,DESCRIBED AS FOLLOWS: WINNING 803.2 FEET WEST OF THE INTIERSECTION OF THE WE5T LINE OF ARTESIA STREET WITH 1HE NORTH LINE OF 141CM SIR ET AS SAID ARTESIA STREET EXISTED PRIOR TO September 1,1924,BEING 50 FEFT IN WIDTH*RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT;THENCE WATH PARALLEL TO ARTESIA STREET 355 FEET TO A POINT,THMCF WEST PARALLEL Willi THE NORTH LINE OF HICKEY STM",70 FEET TOA POINT,THEWE SOUTH 355 Ft ET To THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED REODRDED.7anuary 29, 1973 AS INSTRUMWr NO.23W6 IN BOOK 1D533,PAGE 194 OF OFFICIAL RECORDS. PARCEL H: THAT PORTION OPTWE SOUTHWEST QUARTER OF SECTION 11,IN TOWNSHIP 5 SOUTH RA11E 10 WEST, SAN 9ERNARDINO BASE AND MERIDIAN,COUNTY OF ORANGE, STATE OF CALIFORNAr DESCHIVEO AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE PAINT OF INTERSECTION OF SAID LINE WITH THS WEST LINE OF ARTESIA STREET,AS 17 ElQ$ ED PRIOR TO Sapt4mber 1,1924;RUNNING THENCE WEST 130.8 F€ETTHENCE NORTH PARALLEL.WITH THE WEST LIMY OF ARTESIA STREET 355 FEET;THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FtE FS 7;THENCE SOUTH PARALLEL WITH THE LINE OF AKW:WA STREET 355 FEETTOTHE POW OF I*GINNIXG; EXCEPTING THEREFROM THE EAST 75 FEET To THE SOUTH M fEn- ALSO EXCEPTING THEREFROM TIME SOUTH 125 FEET THEREOF, ALSO EXCEPTING THEREFROM THE NORTH 145 FEET TIHERT:OF PARCEL I, THAT CERTAIN REAL PAWt-RTY IN THE CITY Of SANTA ANA,COUNTY OF ORANGE,STATE OtACAUI-ORNIA, DESCRIWO A$FOLLOWS: THE NORTH 2S FEET Or THE EAST 75 FEET OF THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOLI MEET QUARTER OF SECTION 11,TOWINSWP 5 SOUTH,RANGE 10 wm, S&B.&M.,DESCRIBED AS FOLLOWS: Site No- 1.A03009C1 TI Savader Park Page 14 or23 Sate Address: 1825 Civic CemcrIMve West,Santa Ann,CA 92703 Page 42 of 107 BEGINNING AT A POINT IN TIME NORTH LINE OF WEST EIGHTH STREET 602A FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE;WEST LIME OF ARTESIA STRMT,AS IT EXISTED WITH THE WEST LINT;OF ARTI;SIA STREET,AS IT EXISTED PRIOR TbS ter IST,1924,RUNNING THE WEST L30.8 FEET;THEENCE:NORTH PARALLEL WITH THE WEST LI E OF AIITESIA SIREE"I'355 FEET,THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET'130,8 FEET;THENCE 9C1M PARALLEL WIT"THE WEST LINE OP ARTESIA MEET 355 FEET"TO THE POINT OF 5E:GINNING. PARCEL]; ALL THAT REAL PROPERTY SITUATE IN THE C" OF SANTA ANA, WuNTY OF ORANGE, STATE Of CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL I; COMMENCING ON THE WADI LINE OF HICKEY STREET,NOW EIGHTH STREET,AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET,NOW EIG"Ill MEET,WITH THE WEST'LINE OF ARTESIA STREET,AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 19Z4; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET,NOW EIGHTH 200 8 FEET,THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTEBIA SM58T,355 FEET,THENCE EAST'200,8 FEET;THENCE SOUTH 355 FEETTO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 50 FEES'OF THE SOUTH 104 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOM'H 125 FEET OF THE WEST 150,8 FEET. PARCEL I THAT PORTION OF SECTION 11 IN TOWNSHIP 5 SOUTH,RANGE 10 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN.SAID GRAN aGE 66UNTY,DESCRIBED AS FOLLOWS, BEGINNING AT A POINT IN THE WEST LIME OF ARTEM STTWAS SAID STREET WAS ESTABLISHING OY DEED TO THE CITY OF SANTA ANA,DATED September 19,1924,AND RECORDED Odober 17, 1924 IN. BOOK 945,PAQE 55,REDS,RECORDS OF SAID ORANGE COUNTY, POINT BEING 125 FEEL'NORTH OF THE INTERSECTION OF SAID LINE WITH THE:NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET);THENCE NORTHERLY ALONG SAID WESTLIKE OF ARTESIA STREET 134 FEET;MORE OR LESSr TO THE SOUTH LINT;OF THE LAND CONVEYED TO DEBORAH CARTERTRUMAN BY DEED RECORDE:DDe"lar 3,1924IN BOOK 552,PAGE 227,DEEDS,RECORDS OF SAID ORANGE COUNTY OF SAID ORANGC COUNTY) THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET;THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE Of ARTESIA STREET,46 FEE ;THENCE WESTERLY PARALLELTO THE NORTH LINE OF EIGHTH STREET,271.6 FEET TO THE fiCATHW,VE5TCORNER OF THE LAND CONVEYED TO BENIAMIN WALKER AND WIPE BY DEED RECORDED MAY 18,1923 IN BOOK 473,PAGE 73 OF SAID DEEMS,THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENTAMITV WALKER AND WIFE,BY SAID DEED,230 FEET TO A POIN7125 FEET NORTH OF THE:NORTH LINE OF SIGH I H STREET;THENCE EAST AND PARALLEL WP1'!T SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT OF WGiNNING. E}CCEPTTNG THERE PROM THE EASTERLY 125 FET L PARCEL K: THAT PORTION OF THE.IAC:O$ROSE ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE.NORTH LINE OF WEST EIGHTH STREET,DISTANT THEREON 677A FEET WEST OF THE INTi±A=TTON OF SAID NORTH LINE WITH THE WEST LINT;OF ART%IA STREET',AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, BEING 50 FEET IN WIDTH,AND RUNNING T"MCE WeST ALONG THE SAM NORTH LINE OF EIGHTH SMET,65.8 FEET;THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET'THENCE EAST PARAUFI WPM SAID NORTH LINE: OF ETGWH STREET,65.8 FEET,THENCE.sovrH 12S kFT TO THE POINT OF BEGINNING. PARCEL Li THE EAST 50 FEET OF THE SOUTH 194 MET OF THE FOL1.OWWNG: Sitc Na LA03009C1 El Savador F;irk A;ge t5 ol'23 Site Addrm: 1825 Civir C:CnLV'r Ddwc Wea4 SHAM An,CA 92703 Page 43 of 107 THAT PORTION OF THE JACOB ROSS ALLOTMENT,DESCRIBED AS FOLLOWS; COMMENCING AT A POINTON THE NORTH€.INE OF HICKEY STREET;(NOW ST H ME 401.6 FEFr WEST OF THE INTERSEC ON OF SAID NORTH LINE OF HICKEY STREET(NOW 8T H STREET)WITH THE WEST LIME OF ARTESIA STREET,AS SAID ARTESIA STREET EXIS O PAIOR TO September 1, 104, RUNNING THENCE WEST ON SAID FORTH LINE OF HICKEY STREET(NOW PH StREET)200.8 FEET;THENCE NORTH PARALL L WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET`;THENCE EAST 200.8 FEET;THENCE SOUTH SOUTH 355 FEET TO THE POINT OF BEGINNING. PARCEL.M: THAT PORTION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A POINT IN THE NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET,30D FEEL WEST OF THE INTERSECTION OF DIE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET,AS SATR STREETS,AS SAID STREETS EXISTED ON Narember 20, 1906,THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET,THENCE NQRTIFI PARALLEL WITH THE WEST LINE OF ARTIT;,SIA STREET 125 FEET;'THENCE.EAST PAI d!!L WFM THE NORT"UNE OF HICKEY STRW,101,6 FEET,-AND THENCCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING. PARCEL.N: THAT POR71ON Of THE 3AC013 ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET,WITH THE WEST LINF OF ARTFSIA STREET,AS SAID ARTESIA SMIE T EXISTED PRIOR TO September IST 1924, BEING 50 FEET IN WIDTH;THENCE NORTH ON THE WEST LINE OF SAID ARMIA STREET, 125 PEET; T FIENC E WEST PARALLEL WITH THE NORTH LINE OF HICKEY S rRJ EI',100.4 FEET TO THE TRU E POItdT'OF BEGINNING;THENCE CONTINUING WEST PARALLa WITH THE NORT"LINE OF HICKEY STREET,50 FEEL; 11HENCE.SOUTH PARALLEL WITH THE WEST LINE OF AR MSIA 5TREET, L25 FEET 1-0 A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH; THENCE EAST ALONG SAID NORTH LINE, 50 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA'STREET,125 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 0: 7HAT PORTION OF THE JACOB ROSS ALLOTMENT OESC fUEV AS FOLLOWS: BEGINNING ATA POINT IN THE NORTH LINE OF ElWTH STREET(FORMERLY HICKEY STREET)I50.4 FEET WEST OF THE WEST LINE OF ARMIA S7REEET,AS SAID ARTESIA STREET EXISTED PRIQR TO September 15T, 192% DING 50 FEET IN WIDTH;THENCE NORTH, PARALLEL WITH THE WEST LINE OF ARTESIA STREET`125 FEET`TO THE NCNZTTI LINE OF EIGHTH STREET;THENCE EAST ALONG THE NORTH LINE OF EIGHTH STRFFT,BB FEET TO THE POINT OF BEGINNING. PARCEL P. THAT PORTION OF THE JACOB BOSS ALLOTMENT,DESCRIBED AS FOLLOWS: BEGINNING ATAPOINTIN THE NORTH LINE OF EIGHTH STREET(FORMERLY HICKEY STREET)238AFEET WE5'r QF THE WEST LINE OF ARTESIA STRWr,AS SAID ARTESIAN 5TREE I"EX15rW PRIOR To$epWMber 1S , i924, BEING 5p FEET IN WIOTIi;TIiF.I'ICE NORTH f'ARALLEI WITH THE WEST LINE OF ARTESIA STREET, 1?5 TEST, THENf�WEST PARALLEL YVITH THE NCIRTT I LINF C}F EIGHTTH 51 REET,G1.6 FEl T; THENM SOUTH PARALLEL WITH THI;WTI LINE OF ARTESIA STItfET,325 FEET TO TNE'NT�RTH LINE C1F EIGHTH STREET;THENCE EAST ALCMlG THE NC9RTH LINE OF iTIGHTII ST REfT,61.6 FLET T C1 THE POINT OF EiCGTNHING, PARCEL C: THE EAST 75 FEET OF THE SOUTH 125 FEET OF'THP SOUTH 125 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION F EVEN,7OWNSHIP FIVE SOUTH,RANGE TEN WEST,S.1I.0&M.,AS DESCRIBED AS FOLLOWS; Sito No: LA0300CJEl Savedas Pwk Pop 16af23 Site Address; 1825 Civic Center Drive Wesk Sam Ana,CA 92703 Page 44 of 107 86GINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET',602.4 FEET WEST OFTHE POINT OF 1NTERSEMON OF SAID LINE WITH THE WEST"LINE OF ARTESIA STREET'A5 IT EXISTED PRIOR TO SipWmARTESIA STREET 355 r 1ST FEET;THENCE FAST P THENCE WEST 1M.8 ARALLEL WITH YHE NORTHCE NORTH NELOF WEST EI[�H LINE MEET, 130.8 FEET;THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET,130.0 FFFT, THENCE SOUTH PARALLEL WITH THE WEST LINT: OF ARTESIA SMET, 355 FEET TO THE POINT OF BEGINNING. PARCEL R: THE SOUTH 125 FEET OF THE WEST 150.8 FEET OF THE FOLLOWING: COMMENCING'ON THE NORTH LINE OF HICKEY STREET,NOW EIGHTH STREET,AT A POINT 401.6 FEET" WEST OF THE INTERSECTION OF&M0 HICKEY STREET NOW EIGHTH STREET,WITH THE WEST LIN E DF ARTESIA 5I`REET,AS SAID ARTESIA STREET EXI5TED PRIOR 70 Septerrer 1, 1924,RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET,200,6 FEET;THENCE NOM PAIiAL.l,iy1.WITH SAID WEST LME OF ARTESIA STREET,355 FEET; THENCE EAST 240.E FEET,THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING, End of Legal Description LESSOR INITIALS: LESSEE MrVALS: Silo Mn:. LA030MC1 Hi Snaky Parkk, Page 17 OC23 Silo Address: 1825 C ivie Center>:7 W Wcsl,Smia Ann.CA 92703 Page 45 of 107 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 LESSEB's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction aver 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 andfar zoning approvals, and any kind 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 aincnded Exhibit"W'(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. .LESSOR INITIALS: LESSEE INITIALS- Sire 1Jv, LA034(tEJC-I J31 Savmlor Vwk Page 18 01`33 Site Address: 182S Civic Center Drive west,Satua Ana.CA qzm Page 46 of 107 �# 6 p fe k Lij R,( TIPg � � aF O dpjig yygea ..� p oC 14 i Page 47 of 107 lit I � x RI[7 TH W i�UMI., � asw � � ae agp tat NCMilli. I J s ��a6y � RII�q �I 14,541� E�� s �� �' d c g �v. � gg ���� 8qh l. ��� 1,1 �� N` 0 a"g 2N1 ■��� � e gg R g afr5 �E -e k M R ig- x k g ��` m � 's b �saR"a�F`� � � I -jig p.M; ;i!h MINA ip ����,6�ff `r tt � ��. ��� ��• g ���3�� x � 3��q�6� 4 y F s` ae_Eq Gei Nkk e � Y .1. S �-�ea � S."..�� � . a� a e yx OI 0411i §1 Jea . erp4l a ti � i eI�e � Y F . a liulh e.R a N a ad�sk asJBIJ � � s5 § b6bad�ka66a ti€ g k v s g e sc e� E' Nae �9 4 c- 5 ..`31ffi1B'°'g J 1 2.s2 : A Fed $ ` 3+� � 1 F gg y gg Cg, 4 $ Bxw cR e n n .s y 'i� gpS 'a � Via. �� n k R '1s gn sN $$ign llp; j i g Ny _e€� �Y aR 5� - a� 8t t S e § �33 43h i�5 F. 9 •k g 'g k _ "! SQH s R gk L'P� '� g YS xKiy h ° E k`E}1i ay R` m i ee g k b gs p n s� ka' k Z j.)yfl p 3!n e6;y a= a hut. 3 Yg� 8. 9 e e "�o�a pF1• o' 3' FAY a sxc PIP 1 �1 e" N$�� a���,'� �.. � § lS�k� Mali gegLY� f � e �� � � big Page 48 of 107 0 10 1 x 1h A gill 0 01 > HL W w -=J PI is im 1 11 1 11 i fill I I 1 11 o 0 a(Dee eacs 00 00�a (Doe Page 49 of 107 A LU r r[ 1 d` 1 ��iy� Yg ti � _'.e� ✓ to A1t � �. d'"y�-__--.•.-r y�� -r a �, Y.� a 01.3 pHer, i jj Ij III,I q Ito I 1 111 mu - Q o 209 o o 9 o �o o(i� oC.) c- Ooo 09 000000 aCS) 0(i)a 0 Page 50 of 107 r § I ale a A k 4 a a ' lu OR la I$w I fit 411 HOW � I sit r lit � 8a $ � O r Page 51 of 107 ga pia E+D . � . °` e-NIP oil fell — _ � 5 $ a.ra 1 14i - g9 I IM H K, Pat IMP Page 52 of 107 LU YJ , si i n F [w Oil ap tiff r ills I � a R 6 IPA �� t$ P # oil Call Page 53 of 107 =- 0 all . �, � tl � r _ E ' F - [ '�� � -SK..-...•Yi.....,:tom !WO�Il:..•�....-.1../f--._ ;py Y tr , 12 FA lilt 0 I d I R ~' -- - �- � 0 1 HIM ea �� �1, 01111 If tijq lilt lot i� iNi o e o 00 e 0. se)e 0 o 0 0 0 00 0 0 Page 54 of 107 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement moditics 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 benetit 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 ruake this endorsement effective.) Effective _ -- — _-- this endorsement form as a part of Poky# issued to _ — - blamed Insured m - Cowrtersigned by Authorized Representative: Situ No, LA03MC I M Savador Perk Pose 19 01723 Sirc Address: 1925 Civic Center DrJVC Wgsl,Sarrle Tina.CA 92703 Page 55 of 107 EX IMIT n Rt1'L+R VSPECI S tE lfL 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 alter any such event, LESSOE will obey any procedures set by LESSOR regarding notification before visiting; the Premises, checking in on-site,parking,gates,etc. MwNo: LA03009C!EISavodcrPnrk pie20Of23 Site Addtess: 1925 CiviaCantvr Drivo WosL Smite Ana,CA 9270 Page 56 of 107 EX14101T E CONTACT INFORMATION: LESSC)R'S TECHNICAL CONTACTS: Name: City of Santa Ana Administrative Services Address; 888 W. Santa Arta Blvd.,2"d Floor, (P.0, Box 1988) Santa Ana, CA 92702 Daytime Phone Noy: 714-571-4220 Facsimile No.: 714-571-4209 24-Hour Contact N/A No.: Dispatch Center: N/A 2. A"f S Communications Tony Ingegneri 22651 Lambert Street,Suite 101A Lake Forest,CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACT'S: Name: Operations Center Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.: Dispatch Center: Site M: IA03Q09C 1 Ct Saved"Peck PeSe 21 of23 Site Addwm IS25 Civirs Center t3rivv West,Senta Auk CA 92703 Page 57 of 107 EXHItMIl I' NEMQHANP-VN OF LAND MSE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMEN'r is made and entered into as of —,2008 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 Om nipoint Communications,Inc.,a subsidiary of T-Mobile USA,Inc. ('Lessee'). W ITNI S SETH; That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor it portion of that certain real property(the"Property")in the State of California,County of Orange,City of Santa Ana cn:ninonly known as 1825 Civic Centor Drive West, Santa Ana,CA, 92703,a legal description of which is shown in Ex ibit A attached hereto and incorporated hercin by reference, under the terns and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor-- _—,200_,and:incorporated herein by reference (the "Agreement") far an initial term of ten (10) years, commencing on the Commencement Date,as defined.in the Agreement, and three(3)subsequent optional extension tcrns of Eve(5) years each,pursuant to the terms of the Agreement. The Agrmment provides for grant of ton- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN Wl`[`l ESS.WklCltEOF,the parties have executed the Memorandum as of the day and year first above written. LESSEE, Omnipoint Communications,Inc,a subsidiary of T-Mobile USA,Inc. By• C'•HRISTOPHER ELDIUDGE Regional Development Director LESSOR: City of Santa Ana By:__ Title: Address 20 Civic C;cater Pl=(M-29),P.O.Flax 1988,Santa Ant,Califurnift 92702 [FORM DOCUMENT,PLEASE MITIA L ONLY-NOT FOR FXECUTION] Owner Initials Lessee Initials Situ No: LAWWW/El Savador Park Page 22 af2S Site Addmess: 1925 C"ivit Omtcr Wvc WcA Santa A[ta,CA MW Page 58 of 107 EXHIBIT 5c N Please have the remittances sent to the fallowing address: Pacific Southwest Really Services Attn:Mary F.Nauert 8840 Complex Drive,Suits 101 San Diego,CA 92123 Account Name Neitic Soutinvest realty Services I TF I ATS Communleations-Munlet sl Lrackboa Account Account Number 2460052935 Baulk Contaot Name Mary F.Nauort mnauert@psrs,coin phonO 858-522.1420 �Y FAXft 858-514.2105 Owner Initials Usset Initials Site No; LA03009CI El Savadot Patk Page 23 01'23 Sita Addres$: 1825 Civla Center Ddve Wpm Santa Ana.CA 92703 Page 59 of 107 RECORDING REQU13STBD DY AND WJIFN RECORDED MAIL,TO: T•Mobile USA,Inc. 12920 S>3 38tb Streat �`•G'�? ��:�� Bellevue,WA 98006 Attu: PCS Tease Administrator Site#LA03009C Q9AW=,011 LAND LTA9V—A_GREEMFENT This Memorandum of Agreement is entered into on this day of,2009,by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and.laws of the State of California,with an office at 20 Civic Center Plaza(M-29),Y.Q.Box 1998, Santa Ana, California 92702 (hereinafter referred to as "Lessor"), and Onuupoint Communications Inc., a subsidiary of T-Mobile USA,Inc.,a Delaware coTporation,with an office at 12920 SE 3811 Street Bellevue,WA 98006(hereinafter referred to as"Lessee"). W!TNISSSET"fT: 'Fiat Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real proporty(die"Property"j in the State of California,County of Change,City of Santa Arta commonly known as 1825 Civic Center 17rive Wcst,Santa Ana CA,92703,a legal description of which is shown in Exhibit A attached bereto and incorporated herein by ref nee,under the terms and conditions of the unrceordcd land Lease Agreement by and between Lessor and Lessee dated by Lessor 2009,and incorporated heroin by referooce(the"Agreement")for an initial term Of ten(10)years,commencing on the Commencenwat Date,as defined in the Agreement, and three(3) subsequent optioust extension teru�s of five(5)years each,pursuant to cite terms of the Agreenu;nt. The Agreement provides for grant of non-exclusive right or way for rights of access to the property and to electrical and telephone facitities serving the Property. Page 60 of 107 IN WITNESS W IMF,aw parties havo oxecuted tho Momorandum as of the day and year first above written. A ST"llEALYY CI']'Y OF SANTA ANA y PA ICIE. DAVID N.REAM , "Clerk of the Council City Manager / "PROVED AS TO FORM: JOSEPH W.FLETCH8It City Altogcy By: �(Lt- .. h LAURAShEEDY Assistant City Altura )LESSEE: Omnipoint Commuoioaiaom ino., a subsidlai o =Mobilrs A,line.,x Dolaware corporation By: fixated Naune: I RIDGE Approved as to corm Its: _ Re8jonal Deyelo meat jreCtnr Tonla 4,oao Corporate Couneel Tate: Page 61 of 107 EXHIMIT A EXGA.L DESCIttI'TION OF TIIE PROPERTY All that certain real.property located in the County of Orange,State of California,being Mare particularly described as follows: PAROEL A: ALL THAT REAL.PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,STATE OF CALIFORNIA,DESCAIl3Ef]AS FOLLOWS, BEGINNINS AT A POINT ON THE WEST LINE Or ARTESIA STREET AS SAID LINE WAS EST'ARI5HEa BY DEED REOORDPO IN SW- 10545 RAGE 55 OF DEEDS C F ORANGE C:6MTY CALIFORNIA,217 PST NORTH OFTHE NOPTH LINE 6F HIC1K0 Sf`FtEET(NOW EIGHTI•T ST WT),TH9d Nglttki ALONG TH5 WEST LINE OF ARTESIA SMEEF 92 FEE f"fv OW OR LESSTO A POINT IN WE SOUTH LINE OFTHE LAND COME`M BY BENJAMIN WALKER AND WIFE TO DEBC)W CARTER TRUMAN BY DEED DATED Nowni bar STH 1924AND RECORDED December 3RD, 1924 IN BOOK 552,PAGE 227 Of DEEDS,RECORDS OF ORANGE COUNTY, CALIFORNIA;THENCEWEST ALONG THE SOUTH LINE OFTHE HE LAND SO CONVEYED 70 DEBORAH.CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A Poll f TI.ONCE SOUTH PARALLEL WITH THE WEST"LINE Of ARTF..SIA STREET 92 FEET MORE OR LESS TO A POINT 217 FEET NORTH OF THE NORTH LIEGE OF HICKEY STRW1'((NOW ENGLISH STRF THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET(NOW EIGHTH STREET)245 FEET MORE OR LESS TO THE POINT OF BEGINNING. PARCEL 0, ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,STATE OF CAI:WFOPNIA,DESCRIBED AS FOLLOWS: PARC1wL L: BEGINNING ATA POINT IN THE WEST LINE DF FAIRLAWN SrREE!T A55HQWN ON DEAF OF THR FAIR AWN PARK TRACT,RECOF OED IR T3"4,PAG5 46 OF MI RI-ANEOUS TAPS,RECDRDS OF ORAtr-COUNTY, CALIFORNDA,IF SAID S M-ET WAS E NDED NORTHERLY{125 FEET F om THE NOFil'I-1 LINE OF LIGHT" STREb7(FORMERLYHIMVST ET)5=POINTBEINOIryTHENC}RTIt1-MEl.QFTp1ELANDCONVMTG WALTER G.DAVIS RAID WIFE BY DEED REMPDED AUE Sr 24'TH,1923IN BOOK486 PAGE1840FOEEDS OF CRANGS COUNTY;THIN WEST PARALLEL WITH THE.NW RI H LINE OF SAID&HTH SrRMr I01.5 FEET; THENCE NORTH 184 .T;THFNCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET•"PO AI POINT IN THE SAtf?EAST LIMIT OF FAIRLAWN MEET,IF EXTENDED;THENCE SOUTH ALONG THE WEST LINE 184 FEET TO THE POIATI.OF DEGINNING. ALSO A RIGHT OF WAY OVFR A STRIP OF LAND 25 FEET WIDE IMIEDIATErLY ADJOINING THE ABLVVE DESCRIBED LAND ON THE LAST FOR STRM PURPOSM !PARCEL 2: BEGINNING AT A POINT"WHICH 15 401.6 FSET WEST OFTHE WEST LINK OP ARTESIA 5i'REE TF(AS SKD ARTESIA STMT EXISMI)PRIO,RTO Sr:ptetnber 15T,1:924,35NG 50 FEEf'ME)AND 355 NORTH OME NORTFI LINE OF HICKEY STREET,TiiE*M EAST ON A LINE PARALML WfM THE NORTH UNE OF HICKEY STREET A DISTANCE OF 100.5 FEET-THER E SOUTH ON A LINE PARALLEL wrrH THE WEST LINE OF Alt1 MASTAE"AD]STANCEOP46SET;THMMWIrSrONALINEPARALLULWIl1-1THENORTHLINEOP 11ICM SIRBBTA DISTANCE OF 10D.5 FEET;TI 0101 NORTH ON A LINE PARALLEL WITH TliE WEST LINE OF ARTESIA S REEr A DISTANCE OF 46 YEff To TEED POINT OF BEGINNING. Page 62 of 107 PARCEL C; DEGINNING AT A PAINT 125 FEET NORTH OF THE INTERSECTION:OF THE;CENTER LINE OF FAIRLA'WN STRE:E1'ANDTHE NORTH LINE Cif:EIG-Ei"FM$IReU(FORMERLY HICKRYSTW M'}M P Nr BEINGIN W NORTH LINE OF THE LAND C ONVEYED TO G"A.DE<WMOV Agri!22ND BY DEED RECORDED iN.BO ►EC 423, PAGE 16 OF IZEDS OF ORANGE COLIMY"THENC8 NORTH ALONG THE&4D CENTER LINH OF FAIRIAWN STR EE AS SHOM .UN A MAP OF iAIRLAWN PARK TM a FIND IN BOOK 4, PAM 46 OF MISCELtANFSQU5:E4Apk REcows w ORANGE Lx uhly,CAUFC7 WA,IF THE SAME WEE PROJECTED,23D FEET,THENCE FAST PARALLEL WLTH THE NORTH LUTE OF EIGHTH Mrxr,142 4 FEET,MORE CAR L15S TO T NORTH-WE&T OURNER UFTHE LAND CON VEYM TO F,H.UNDEN APO WIFE BY DEED REODRDED MAY 17TH 1929 IN BOOK 276,PAGE M OF OFFIQk REMS;1MiENCE SOUTH ALONG THE 1l MT LINE OF THE LA D COM"YMI)TO LINDk$M AND'WIFE AND ns SOE3TNERLY eousioi TO THE:NORTH-WriS E' CORNER OF THE LAND C DNVEYEII TG I,.M GOMW,AND OTH�,BY I?f:ED REa)RDFD D%2MberlITH, 1929 IN BOOK 335,PAGE 104 OF OFFICIAL FtEQI,iRDS,-THENCE SMITH ALONG THE 1' M E NEB OF THE LAND 90 CONVEYED TO THE SOUTH-MST'CORNER THEREOF;- MENC.E WEST ON THE NORTH LINE OF SAID DEME MOU LAW D AND AARALLELTO THE NORTH LINE OF SAID E IGHTIM$lWEr 142.4 FEErToTHE POINT OF Mfa NNING. PARCEL D: ALL THAT REAL PROPER7Y SCMIIA11�0 IN THEY CITY OF SMTA ANA, COlE M OF ORANGE, STATE OF CAIJFORNIA,DMRISE D AS FOLLC)Ms COM"MENCINO AT A PQINT ON THB WEST LINE OF A4TSIA MEET AS&RID STREET wAS 159TABLf5HECY E3Y C Eyi]TC]THE C3rii gE=SahC1 A AiPiAr L?A►TE 13e ►I r#9T4i,1929 l Iq RECORDEe DIN BOOK$45,PAGE 5S F tJEEbS,WHICH M PCIINT I$123 FEE"IVDRTH C►P THE POINT CyF IN7ET35EC RON Of SAM LINE W17H 1TME NOECTFM LIA[E: C}R E3GiCRt STREE# EE=ORMEMiLY 14IUCEY " RUNNING THENCE WESTERLY PARALLEL t+E►IT#M THE MVC7M�'iH L Of=�G}fiTH STR T FEEf`C�E TREIE POD OF BEGINNM:EsMG; T#f S RWE T-16 FW;THENCE E A,"T t1 Y PARALLEL�►VI IH TIC IV4R9 TaE=E1LYLrtsEE tJF EIC,M FET 1 S7 E ET 12a PEE'CTO`E"FME WESTERLY LINE~ OF LIt3ELMfWrMOAEORMSTO "MIR! UT H L IMF Of THU LAND C[NVEMD TO DEBORAH CARTER TRUMAN BY DEED R MRDE D December 3RD,1924 IN BOOK 552R PAGE 227 OF VEW.S,'THENCE WEYTERLY ALONG M SOUTH LIME 125 FEET; 7HE+fCE NORTHERLY PARAUXL.To Tfle SAID WEB]"LIME OF AMTMA SiMU 45 F1E' -THENCE WEST PARAI.d.R TO THE NORTH MIME OF glGM IN STRMT 211.G fWrTO THE NOMLIH-WE ST CORNER OF THE E AND C€'SNVI~ D TO DEI`MANIN WALKER AND WIFE BY DEED RECORDED MAY IM,1923IN 300X 473, PAGE 73 OF DES THENCE SC>EPfFM ALONG T ME ftST LINE OF THE LAND CC)NVEYED TO$MMAM N W LKeR AND WIC SYS=DEW 230 FEEI-T O A RXNT"125 FEET-MO l7MIE NOKIII LINE OFE;IG3TiH STREET,,THENCE F,AiSr PARALLEL 191',M'f 4 SAID NORTH LINE?OF EIGHTH SSE M 271.6 FEF.T TO THE TRUE POINT OF BEGINNING, lrX=NG'THEREFROM ANY POMITION OF SAID LAND LYING yEfMMI(d TRACT-NO.521,AS SHOWN ON A hMAP THEREOF RECORDED IN BOCK 23,PAGE 32 Of MrSGELLBEPf MS:N#APS,REOORDS OF SAID t}MNGE COUNTY,CfKLIE7p4 MA. PARIZEL E1: PARCEL it BIGNNM AT A POINT.IN THE CENTER OF ARTESIA S`REE r,380 FEU NORTH OF THe INTEE�SFMC}W WITH 71HE CENTER LINE OF.HtMY STREET,RUNNING-fHF XE:WEST"PARALLEL 4EVT1"H THE CENTER LME OP HlaMY ST'RE IE G 1332.39 FEET, MOMS OR LESS, TO LMD CONVEYED TO J. H. YOUNG BY DEED R&MRDE0 Doomb a 10,1%3 IN ROOK 98,PAGE 190 4F OMDS;THENCM:NORTH 31.0 FWP MORZ Cut LEiSS,TD TI JE NORTHEAST CORN elk OF SAID YOUNG'S LAND;THENCE;CAST'S#2S2 FEET"THi Kd SIJE.nH 292,`71 FEM-THENM BAST" ,ET7 M�f TQ THE CE N`MR LINT OF ARTI STA,STRE E r,TH DICE SOUTH 26,89 F4V,MORE OR LESS,TO T14E POINT OF BEGINNING. Page 63 of 107 PARCEL 2: BEoINNING AI"A POINT 36.90 CHAINS WEST OF THE EAST LINE OF SECTION 11,TOWNSHIP 5 SOUTH, RANGE 10 WEST SAN BERNARDINO BASE'AND MERIDIAN AND 6.165 CRAM NORTH OFTHE NORTH LINE OF THE CHAR ALLMENT IN THE RANCHO SAN IA80 DE SANTA ANA,WD POINT BEING IN THE CENTER OFART89A STREET AND RUNNING THENCE WEST 4.392.CHAINS-,TIILNC E NORTIt 4A35 CHAINS TO THE LAND NOW OR FORMERLY OWNED BY DEN FALLERT,THENCC EAs`T4.392 ChAINSTO'ME r MTER OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS TO THE POINT OF DEGINNM. EXCEMNlG THEREFROM THAT PORTION INCLL OED IN LOTS F AND O AND LC rm 12 13, iS ANb 16 OF TRACT NO,521,AS SHOWN ON A MAP THEREOF RECORAED IN BOOK 2.3,PAS 32 6F MISCELLANEOUS MAPS,RCCORDS OF SAID ORANGE COUNTY, ALSO EXCEPTING THEREFROMTHAT POfi30N OF PARCEL 2 N€]W SUDDIVIDED AS LOT 14 OF SAID-TRACT No.S21,A5 SHOWN ON A,MAP THEREOF RECORDED IN BOOK 23,PAGE 32 0 MISCELLANEOUS mAP9, Page 64 of 107 REMRDS OF SAID OMGE COU Y,CAl.IFORNIA. EXCEPTING THEREFPO49THATPORTIONOIL S9D LAND CONVEYEEDTOTHESAE4TAANAUNEIFIEIaSCHt % DNMCT IN VE DEED RECORDED January 29,1073 AS INSMUMENT NO.238%IN BOOK 1058.3,PAGE 194 OE:OFFl=RECORDS. PARCEL P. THE;NORTH L45 FEET'OF T RAT'PORTION OF THE SOU.NWW QUARTER OF SECTION 11,TOMSHIP S SOUTH,RANGE 10 WE$T,5.10 M.,DESCRIBED AS FOLLOWS, HEMMING AT A POINT'r IN TNV NORTH LIME:Ot:WEST EEGHT H SME ET 6D2A FEET WEST OF THE POINT OF INT ERSi<CTTON OF SAID LINE*WITH THE WEST DINE OF ARi SnA$MEE:T,AS IT"EXIM PRIOR TO SepWmber 1ST',1924,RUNNING THIEK9 WEST 130,8 FEET,TH34CE NORTH PARALLEL WITH THE WEST LINE OF ART MA SMMT 355 I'EET';THENCE Rl1ST PAIRALLEI.WITH THE NORTH LME OF WEB"UGHTH BEET 130.8 FEET;-MMM SOUTH PAR4LEL WrrH THEE WEST LINE Of ARTL5IA MVZE7355 FED TTq 7119 POIEVEI"01;8EGINNINt3. PARCEL 0. THAT PbR ION OE THE JAC OD ROSS ALLOTMENT,DESCRIBED AS FOLLOM. BEGINNING SM.2 PEET WEST OF THE Mn4M5C;1'tQN OF TFEE WEST"tINEOP ARTESIA STTREET WITH THE NORTH LINE OF HICKEY 9MET;A$SAM AREA SMELT EXIMD P#IORTO Seplmwr 1,1024,BEING SO FEET IN WKDTF8^RUNNING THENCE EAST'ALONG THE NORTH LINE"OF HICKEY STRFiRT 70 FE[FrTQ A POINT'THEWN10EWRTH PARAE XL TO ART ESIA SMIST'355 FEETTOA Pown THENCE wEST PARALLEL WMI THE NORTH LINE;OF HICKEY SITT VE 70 FVTr7O A PONT;lllr- CEw SOI N 355 FEET'TOME POW OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND MWgEYEDT0 7HE SAEYPA ANA UNiIUD SUROOE. P7STRIC'IN THE:OEM RECORDED Jarstmry 29,1973 A5]NSTRUW-Nr NO.23W6 IN BOOK 10533,PAGE: 194 OF Of FTCAL RECORDS, PAEERCEL.H: THATPOI27I0N OFTME SOE.!'E'HWE�TQUAIRTFR OF 5E MON 11,IN TOWNSHIP 5 SOS PANEGE W WEST, �BE RNfARDIN O BASE AND MERIVIAN,€OUNIW OF ORANGE,STATE;OF C:ALIMRN7A,DESCRIBEO A4 BEGINNING AT"AMWI'INTHE;NORTH LINE OFWMTE 13MSMEE-rGOZ4FEETWEST'OFTHEPOINT OFIN'TT xSC MON OF SUD LINE WET H THE W55 E`LINE OF ARTE5IA MT EET,AS IT WIMD PRIOR To S, #M w 1,1924 iRUNN;INO THEM W 1 LV'a FEET-THENCE NORTH PAITALLE L 1itl1THTEE WW LIEGE O AE TESTA SIEtEEr355 F EET)THENCE EAST'PARALLEL WITH THE NORTH UNE OF WEST EIGHM 5rREEE'E' 13018 FEET~THMCEI SOUTH PARALLEL WITH THE WILT LIME OFARTESFA STREET 355 E-EaTO THE POIN OF BEGINWIN G, FXCEPT'�IHG THEREFROM THE EAST 75 Ff h7 TO THE SOE m:150 pea; ALSO E3CGWMi3 TTiEREr0O.M THE 901UTH.125 raT TT EERr-op, ALSO E XCE RTINO'MaEiFROM YME:NORTH 145 FFEr7HER' OE=. PARCEL I: TTHiAS/Ty.-���C.��Tppi�����TryAIN REAL PROPERTY M HE CM CC,SANTAAN A,MUNTY OFORANGE,STATE OF CALEFORNETA, AS POLLOW& THE NORTH 25 FEEFr OF THE E- s-r 75 FEET of THE Soum 19Q FEET OF THE FOLLOWING DEDMWED THAT POR-UONf OFTHE SOUTHWEST QWIJ7 R OF 3EC:E OM 11,TOWNSHIP 5 SOUTH,RANGE 10 Wr;ST, 5.EI.0.&NE.,DESCRTBEO AS FOLLOWS! Page 65 of 107 BEGINNING AT A 1xOiNT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEEL"WEST 4.F TYPE POINT OF INTERSECTION OF SAID LINE VATH THE WE�$r LINE Of'ARTESIA S R T,AS IT- W WI M THE WEST LINE OFARTFSTA SME ET,AS IT[-7CISTED PRIOR TO Sepb tuber 1.ST,1.924 RUNNINGTHENCE WEST 130.8 FEET;THENCE NORTH PARALLEL WITH THE WEST LINE OF ART�IA ST`FRFST 355 EMI-THENCE EAST PARALL ELWITH THE NORTH LINE OF WEST EIGHTH STREET 13D.6 FEET;THENCE SOUTH WALLEL WITH THE WEST LINE OFARTE,SIA STREET 355 FEET'TO THE POINT OF BEGINNING. PARCEL l ALL THAT REAL PROPERTY SITUATE W THE CITY OF SMTA ANA,CDUI"EY OF ORMGF6 STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS; PARCa i, COMMENCING ON ITIE NORTH LINE OP HOCKEY STREET NOW EIGHTH smf F,AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY MEET,NOW EIGHTH STREET,WITH THE W T LIKE OF ATE$IA STREET' AS SAW ARTES(A STREET EJEtS"PRIOR T(1 EwnE1er 1`J2AE RUNNING THENCE WEST ON SAID 46 Tli LINE OF HICKEY!$ RWET, NOW EIGHTH 2�.8 PEF T,,THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTEMA STREET,355 FEF I' THENCE EAST 200.8 FEET;THENCE SOUTH 3S5 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE EAST 50 fiEET OF THE SOUTH I"BEET THEREOF; ALSO EXCEPTING THE Rt FROM THE SOUTH 125 W r OF THE WM 1SO.8 FELT. PARCEL 2: THAT PORTION OF SECTION 11 IN TE3WNSEEIP 5 SOUTH RANGE 10 WEST,SAN BERNARDINO BASE AND MF..RIDIAN,IN SAID ORANGE E6UNTY,DESCRIBED AS FKbWS: BEGINNING AT A POINT IN 114H WEST LINE OF ARIVS1A STREET AS SAID STREET WAS I TABLTSHING 9Y DeED'TQTHE CITY OF SAN TA ANA oATCD September 19, 1424,AND RECOROW C cwber 17, 1924IN, BOOK 545,PAGE 55,DEEDS,RECORR OF SAID ORANGE Ct�il,lNTY,SAID Pow BEING 125 A oRrH OF THE INTERSECTION OF SAID LINE"WIM TIME NORTH LINE OF EtG rH STREET FORMERLY HICKEY STREET),THENCE NORTHERLY ALOM35A7D WEST LINE OFARTEM STREET 134 fEEt,M095 OEt LC55,v THE 50 LINE OFTHEr LAND CONVEYED TO DEBORAH CARTER TRUmAN BY DEED RECORDED Daminh®r 3,1924IN BOOK 552,PAGE 277,DEEDS,RECORDS OF SAID ORANGE C OUNTY OFSAID ORANGE C4YJNIY, THENCE WESTi:RLY ALONG SAID SOUTH LINE 125 PEST;THENCE NORTHERLY PARALLEL To THE SAID 1dWESTLTNEDFART)ESIASTREHT 16ffZT;THENCE WE',. RLY PARALLEL TOTHENORTH LINE DFEIGHTH ET,271.6 FEET'Tt?THE NC>hTIEWESTCOEtNEp OE=THE LAND GONVEYEDTO SENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 1�,1923 IN BOOK 473,PAGE 73 OF 5AID DEEDS THENCE SOUTH ALONG THE WESY LINE:O€�THEI.AND CONVFYED TO BEN3AMIN WAE:E(FR AND WIFI_,By SAID DM,230 FEES'TO 'A POINT 12'S FAT NORTH OF niE NORTH LINE OF EIGHTH STREErj THENCE EASC AND PARAE.,M WrtH SAID NORTH LWE OFEIGETTH STRE:ET398,6 FEET Tc)THE POINT OF BEEGINNING. EXCEPTING THEREFROM THE EAStEiRL.Y 125 FEET, PARCEL K; THAT PORTION OF THE JAODS ROSE ALLOTMENT DESCREBW AS FQtLOWS: MINNING AT A POINT IN THE NORTH LINE OF WTI'EIGHTH STREET,DISTANTTHE REoN ET77.4 FEET WEST OF THE INTERS-=ON Or SAID NOM LIME WITH THE WEST LINT*OF ARTFSIA STREET,AS SAID AR TESIA STREET ESOS TED PRIOR TO SepEember 1, 1924 TIEING SO FS[Ir IN WIDTH, AND RUNWNG THENCE'1h ESTALONG THE SAID NORTH LINE OF EiG iii 5E imT,65.8 FEET;'THENCE NOEtrPH PARALLEL W 114 cAID WEST LINE OF ARTESIA STREET,125 FEET;THENCE FAST PARALLEL WITH SAID NORTH LINE OP EIGHTH STREET,65A FEET,THENCE SOUTH 125 FMT TO THE POINT OF BEGINNING. PARCEL L: THE EAST 50 MiT OF'WEr SOUTFf 194 FEET OP'THE FOLLOWING: Page 66 of 107 THAT PORTION CF THE 3ACE,3 ROSS ALLOTMENT,-DESCRIBED AS FOLLOWS: COMI+'IEEVaNGAT'AFaNTON THE ORTH LINE OFHICCEYSTRE~Er,(NOW.E9ETHME 401.6FEETWE6T OF THE INT1it5ECTION OF SAID NORTH LINE OFF HICKEY STREErINOW MEM WITH THE NEST LINE OF AETTESIA STREET AS SAID ARTESIA STREET EXMTED PA OR TO Sft*mbar 1 1924,WANING TmCE WESTON SAID N6kN LINE OF HICKEY STREET(NOW 8 t'HSI F 5 FiR;THENCE Nf7M PARALLEL WITH SAID WEST'LINE OF'ART'ESIA STRW,355 FEET;'i'ilENa EAST 200,8 FEET,THENCE SOU FH SOUTH 3S FEET TO THE POINT OF EiIEGINNING. PARCEL M: THAT PORTION OFTE-EE)ACCSB ROSS AU.OTWW BEGINNING AT A POINTlN THE hIC!KM LINE CF HICWY STRE'Er,NOW E MHTH ST'REQET,30R FEET WEST'OF'THE INTE:RSE MON OF THE WMT LINE OFARTESIA S TREEr WMi THE NORTH LINE OF HICK'STREET,AS S D STREETS,AS SAIEa"WETS.Omm ON November 20, 1006;THENCE WEST ALONG THE NORTH LINE OF HICK'MREE;T'10L.6 FEET;THENCE; NORTH PARALLEi.WUH THE WEST LINE OF AR TESCA STREET 125 FEET,THE NM TAT PMALLEL WITH THE ROM LINE OF HlgC P-Y STREEr,.1W.6 FEEi'j.AND THEE SOUTH PARM.EL WITH IM WEST L-ME OF ART ESIIA STREET 125.O D fEET TO THE:POINT OF BE GINWNG, PARCEL.N: THAT PORRTION-01-THR-JAGO5 MSS ALI.F MENT E)ESCRIM-AS FOLLOWS., OECaIEVNING AT7HE INTERSEMON OFTHE NDR111 LINE:OF HI'CKEYSTMET,14CW MT H STREET;1NI17i THE WEST LINE:dF A SRA MV�EF7,AS SATES ARTESIASTRECTEMM PREOR'TO SeAmber IST 1924 TIEING 50 FEET IN WIDTH;THENCE NORTH ON 71hEE,W07 LINE~OE-WD ARMfA SMEr 125 FiF T'giix WLs"T PARALLEL WI`ETi'T a NORTH LINE OF Army a''Titl»ET',ica.4 FE: r TO im TRIBE ADil+ir6P BEGINNING;THENa 0=7NIILNG WESTPARALLEC WITH THE NORTH LINE:OF MCXV SI'Rt;E'1',So Feer YHENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTT;STA STREET, VSFT»ET TO A P{IMF IN T4 NORTH LINE QF HICKEY SME:T', NOW MW'E7-E; THENCE EAST`ALREVG smo NORTH LIM, SO FEET'; THE NCE NORTH PARMSL Wfi Tl-I T'Hl=WW LINE OF ARTESIA MEJ- E',12$FI11 O THE TRIA POV OF Bi*GTi�gJTE�ic. PARCEL 0: `THAT PORTION OFTHE 1A008 ROSS ALLOTMENT Wl:AO ED AS FOLLOWS, BEGINNING ATA POINTIN THE NORTH LINE OF0GHTH STREET(FORMERLY HICKEY STREET}150.4 FE-Er WEST GF`HE WEST LINE OFAE SIA TMEtir,AS SAID ARTMIA SMET EXUTED PRIER TO St�pLemk� IS 1924. BEING 50 FE T IN WIDTH,-THENCE[UKrH PARALE.If=L WIT"THE<WEST LINE~QF ARTESTA ffiti T 05 FEET TO THE.NORM LINE€F EIGHTH STiiki;THENCE E PFST ALONG TIME NORTH LINE OF EGIfM,STREET,88 FEh7 TO THE POW OF BEzGE NNING. PARCEL P: THAT PO tTIGN OP THE 7ADOS R AUJDTMMr,DE SMSED AS TAWS: BEGINNING ATA POINTIN THE NOR'EI E LINE OFFiGHi'T'H ET(FORMERLY Y Hja MY.STM 235.E FI WEST W 'T'OP"THE:WEST LINE OF ARTIEWA S'1'iE.EEi"T" ,AS SMD AEiMIAN STREET EGSTED PREOR.T September 1ST; 1924i BEING 50 FEE7IN WIDTH;TH5RCEr NORTH PARALLEL WITIi THE WET LINE€'3F AMW STREET, 125 FE(T,T T"HE NC E WEST'PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 61,6 MEL, THENCE!SOUTH PARA!L&WITH THE WE$T LIEGE OF ARTERA SET! 125 FEETTO THE:NORTH LIEF E� EWH TH S1"FIEJ•T;TH E=NCE EAST ALONG TH E E+N R-M LINE OF EIGHTH 9T EL:f,61.45 FEET M THE PCTINT OF BE:{�VWIhEG, , PAXEL Q: THE EAST'75 FEET OF THE SOUTH 12S WE-r OF THE SOUTH 95 FEET'OF THAT PO TION OP THE SOUITFWS QJART'ER Cr-SEMON ELEVEN,TOWNSHIP FIVE SOUTH,R ARM TeN WE!7,9,EXAM.,AS Page 67 of 107 UGINNING ATA POINT INIfIE NORTH LINE OF WEST EIGHTH STREET, 6014 FEk7WEST'f]FTHE POINT' OF INTERSECTION OP SAID UN WITH THE WEST LINE OP ARTESIA ET AS IT EXISTED PRIOR TO S trobel'1ST 1924'THENCE WEST 130,9 FL�1-THENCE NORTH PARALLEL WITH THE WEST'LIN5 OF ST'AR SIA id 3W FE5t;THENCE EA5T'PARALU wrril THE NORTH LINE OF WET E(WF l STRUT; 130,$.FEET,THDKX SC7M PARALLEL WITH THE WEST LINE OF WE6T EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST UNE OF ART S ET, 35a FEET TO THE POINT'OF BEGINNING. PARCEL.R, THE SOUTH 125 FEET OF THE WEST 150 PMr OF THE POL,LOWING; COMMENCING ON THE NORTH LINE OF HICKEY MEET,NOW EIGHTH STREET,AT A Pow 401.6 FEET AR�7A { ,AS-MID INTERSECTION OF SAID MEET EXISTIE PRIG t TO twW.M.r 1 19�AUNNTHE W[�Na TH NCE WEST ON.SAID NORTH LINE OF HICKEY STREET', NOW EIGHTH= f",j66,R mji'1;-rkem I=NORTH PARALLEL WITH SAID WMT LINE OF A11 ESTA MEET,3%FEET;THENCE MT 200.E PEET;THENCE SOUTH 355 FEET TO THE POINT OF BEGINMfNG, End of Legal Description Also known as:El Salvador Park .Assessor's Parcel Number: 405-121-11 Page 68 of 107 �tdte bi fx�� owFti � 0j, - OW � t r— - WOfr , d to 1 ihap ¢i Alt xQf. E�aatn��oE nvrvtrs �F&wi tf f�loft- ONW&W60 1 7 Qf G 4r &tE it A i laf iS Nq*"lw.cp3t[omfa ttt fd otr ,, Colra Ogsta COuJ* . tviycom r. rx=��: tarA 2010 is xv aueh tl lnomlry, �f4iu7 j ! + ar�ab �r: �ri urs dac„ h� sub'dti� �addrde�,�t�Ir►�?v� �t�l'at tlt�s form R?• .¢qy�{m 9:0ilter than3?Y!E£4 '1s1! Cap�� � � Oupor--.1.l+1 St refs hlarrlsaii M d Il).wividuaE i `drfir�tti(r14 ] —' mw�i. lipro . Y� rttl :s CLYmm;'O cl 6.4r+F(at po— -. - L�,(aar--. Yn16 GIreri�ral U.Atroqw fn caret 3' 9 8 -ar lint,`04 Ci Traa*o TgP Iu_Q6 ' f uattdlan t9r is�si rVst�Sr GuraedWi 6r Ro iserva oC F'J C7t#taiE: �Oilir�r:._„�, slgEt�.ts I�eprasentEnga�, 5ignpr 1�Ae�re�elitlr��:_ 020:?�afFinnr h4�la�y auaiw�,n•D3sa Oa SaroAva.,raE}m[Zac2�Chashartls ca eraiazSA2 mrn.7aa�arat�;ap Bern�7 qeu dnr3{�vARfItF4r+.soaa:g.erd� Page 69 of 107 CALIFORNIA ALL-PURPOSE ACKNOWL151 OMENT ftte of California County of all beforr¢rne, o eAlt gMl.dnd TkfS oi[ .Al wer ""'•""""'""" personally appeated. Who proved to mb on#kte baslo,0l:'SgUfacturyeutdenee fo he tho persibh(4)in&de eame(s)i subberibw to the wlthin Instruf0e tt and ixonow1bd9ed to me that heTshe/thay jxecuted the same hi tiiGJher/tl 0 oythorizert aciCY(ler=j�ancf. ;�It by IiistherXPfielr aioriatu_re(s 06 the IMtruTtoot:tt}e.poso"W, or tfti�tht€fy riOon""behalf of �1h"tl e:p,wi ss)Yi(aa adted,:OXeculod(he lnsttumsnt, l Certify under F'EN6�T Y'OF f-.EF ):1ijY uhdpr tyre taws bf the staid-of Gal€inrksla.that iliaigi�plag pafagraph.is true and 4 06ep#s WfTNC-G$tity hand and ofifalal goal. hfac4Nri�rYsa�l�Aova uigrFatutr�®-.,,�_ slA�alwe•mvl�acq+rli .. M00901 this hitora. ..- ..below 14 r?of,,*lred by IpW 8 msy,vrpva.'valusbde V Pgrsvt*i0611 g-on the dom msar and6=Aypteuentlrauduleit?;rama t-at[r reaLaa$rrtd$lallh�skim1c wfoiheroku;p9hl; OeaCrifrfitini.of Att0nii0d.0QrU t Lnt Tille-Or Twe 8f Document. Docurne:W Date, Number of Pages-_ SkOs4s)Other Thar.)Nane4 Ahovgt C41110:ity(fes)Clafined by 9t ner(C) 5ign0t4s UOMO. Signer's Name., 0 IndividuaP � C i tynrparats C3ftiGor— Corporalcr'fker--•Title(sy L1 partnor-•-0 limited CJ(30nor€t! Penner—l t irrrniiad t#Genertti t Aftorrtr3y Ifi FactU Aftorney in FatCt ,- i;7 Tiuslee Tolr�l 16i°1°n� -0 Trusted, Top of U�umb nmre CJ Guardian or Cnnservator M Ouardim or Conservator Cllher, ___ mm L!Other:—_ Signer ly Representing.— Signer Is Representing; R BI Natar 35fF Ve 8alnAa.RQBa+24M•CFn!ricomeeA Gi338ive�wxw ��p apk "` Wa�Ctrp gem M-'�7 Ra�e"i Cal TLW-FPwt Page 70 of 107 EXHIBIT C Legal Description and Survey of the Premises TOWER LICENSE THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 89" 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 00" 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 890 34' 16"EAST, 15.00 FEET TO TIIE TRUE POINT OF BEGINNING; TIIENCE NORTH 000 25'44" EAST, 22.00 FEET; THENCE SOUTH 89" 34' 16"EAST, 15.00 FEET; THENCE SOUTH 000 25' 44" WEST, 22.00 FEET; .THENCE NORTH 89" 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.008 ACRES (330 SQUARE FEET) OF LAND MORE OR LESS, TOGETHER WITH.THE FOLLOWING DESCRIBED AREA: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 890 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 00" 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 890 34' 16"EAST, 15.00 FEET; THENCE NORI'H 00° 25'44" EAST, 22.00 FEET; THENCE NORTH 03" 05'29"EAST, 26.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 25'44" EAST, 10.00 FEET; THENCE SOUTH 89" 34' 16" EAST, 10.00 FEET; THENCE SOUTH 000 25' 44" WEST, 10.00 FEET; THENCE NORTH 89" 34' 16" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (100 SQUARE FEET) OF LAND MORE OR LESS, CONTAINING A COMBINED TOTAL OF 0.010 ACRES (430 SQUARE FEET)OF LAND MORE OR LESS. FIRST ADDITIONAL PREMISES LICENSE THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS Page 71 of 107 FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 89" 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET; THENCE NORTH 000 25'44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE CONTINUING NORTH 00" 25' 44" EAST, 15.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 000 25' 44" EAST, 6.50 FEET; THENCE SOUTH 89" 34' 16" EAST, 15.00 FEET; THENCE SOUTH 000 25' 44" WEST, 6.50 FEET; THENCE NORTH 890 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (98 SQUARE FEET) OF LAND MORE OR LESS. NON-EXCLUSIVE ACCESS & UTILITY EASEMENT AN 8.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE; THENCE SOUTH 89" 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 711.33 FEET; THENCE NORTH 000 25' 44" EAST, DEPARTING SAID CENTERLINE, 470.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 25' 44" WEST, 22.52 FEET; THENCE NORTH 89" 34' 16" WEST, 33.60 FEET; TIIENCE SOUTH 41" 03' 33" WEST, 21.50 FEET; THENCE SOUTH 000 25' 44" WEST, 60.60 FEET; THENCE SOUTH 70"26' 04" WEST, 16.70 FEET; THENCE NORTH 890 01' 52" WEST, 175.00 FEET; THENCE NORTH 630 45' 31." WEST, 15.50 FEET; THENCE NORTH 890 11' 05" WEST, 41.60 FEET; THENCE SOUTH 000 56' 20" WEST, 31.40 FEET; THENCE SOUTH 89° 58' 19" WEST, 84.20 FEET; THENCE SOUTH 470 44' 41" WEST, 61.50 FEET; THENCE SOUTH 01" 01' 12" WEST, 250.10 FEET TO THE POINT OF TERMINUS ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER DRIVE AND CONTAINING 0,150 ACRES (6,514 SQUARE FEET) OF LAND MORE OR LESS. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE, ADDITIONAL LANDS,AND NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER Page 72 of 107 DRIVE. PROPERTY OWNER THE CITY OF SANTA ANA,A MUNICIPAL CORPORATION PROPERTY ADDRESS 1825 '/a Civic Center Drive West, Santa Ana, CA 92703 PARCEL NUMBER 405-121-11 [Land,survey Follows] Page 73 of 107 dil333l= n r ; e ! T ` ti 5�c Y e z Q - 5.! Lll r SiegE.e 4g Un r// qt.{. 7 U U 0 V Q U CO 2aw - F a N � Mz � HIV U) t1 n Y f ce) f • " S 4 8w r W � < Y d 2 I �t!CJ • y Y � G E - a Page 74 of 107 2 ! : ! : � \ 2 a { \ { / § ` !■ it it q Z ! S @ G + @ @ @ a � § ;■§;■ |!$ | E | § \ ■ |� . �li f ,!«,. , � | � | z,�■ z Q i § | § \ § # \ R ■ { \ • §§ [ K & « §| § § \ # a � ' ■ J, 2Saa9@@0- 0MW ; � a w, -N 3 ■ ' @ C « 9 2 8 $ + m , ul i . t : | ' �\ , | / ! ' �a. | ' aa-,wa7.qDN — � | (! | ,. . - , a , Page 75 of 107 .zea�e-a.nosz-aoM ii �� AB'lZt-3.94 S2,OON �- yJF l 1 I I I w u J u �g I � I w I 2 , I w W 2.1 I o I y I I I Page 76 of 107 `r Yt I 1i 1 I W ki --- H= ~ ; Ji -•1 iA4l t+ 1 1 t 1 Page 77 of 107 £ , cs zs3a 4 - s g - - - c W ,. 3 �Qj IS o m ; � I :,• I� Id i I I a — f CY' I Page 78 of 107 a�4 Roa jig �_ Q5 N1 H age Ci$ e�eeelE'pp66e`ir� �• � lilt ��B 6�iie��eRaerB g�eppg �;9 %a pp%oA%se_ii%s i°aa Willy 8d4 Z s FOP I 111 OUR lid 3g a .tl 4�tl� ! pan, n w YQG ps-p-Q O e se Zhu =iiYYYa ��¢� �d a3 8i 9i J 7 � d'o 3n ir�8 fB a�R? � CYO e C C -yn lmi y tliQR ilm w ' i§fig ais�g �+ 8.g ,,;N MCI � s�Y�YY 9gyi� Q R AaA RAIRAa 1111" kin%a u e �YaY 9i u g kYeisa 3iiaE a 6 � S d► A ib SLT�i' W s ]] 9y{{ fb� HIML�gli Page 79 of 107 EXHIBIT D Licensee's Facilities THE LICENSEE'S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS: Page 80 of 107 !/11 s � �� 1 � u e� a I U11 I I zu VO o gg - wcc 6 cc • e a is cn zt Z Sig" :s 8 Y ¢t F y1 ! z54 plE MIN Mliml:l I - 3: g @q Y �Mr111 4111IEE1111 F �...... �.......... ➢ � MO LD R fill S 3 Iiitgslli d f�$� Page 81 of 107 v I 1 - 1 c � i !I'til.__ i ._;i i _._1i1J" } _ I 1 Page 82 of 107 �i a9 2�i EI- W� 3 „3����� n5c cJ ` ono--� keg Ali .as �n 4 Page 83 of 107 eeaeal e' g u i wi, a Ilk 8 _ Elba G4 Yi � Y i� c - - ' r- h 5� Page 84 of 107 ! u 5 ac av Cl 1 1 t€ f Jwl a gtt 3 RR� R a oil fi 4€ tit f _ lax a toy a Page 85 of 107 La .� LLE L oZ S $7 y\}4 i UI ALJJ ,s file / � b I 1 .NINFNI51 I` � I a� I� rLk 3M1 Page 86 of 107 a li-n E MCI 6.RE 1193 "¢ w ._�i q. Lis 51 5° gg A - CEO Page 87 of 107 MC\ � � ��| ! »` k ,WO I . \ ! k: m «4 4 / } , ° \ � , . . . . . y�. . . y . . . . . . _ Ito . � } . 4 . M-T- ) } ; &)\ \ »�■\[� . |`|| maw 88 of 107 dl���� 3. 4 a. 67 �a -3 R 4E s _ h S. MR - 6 � $ - s — 9 t it l : Es Page 89 of 107 i €Y 44 ril � h e a3 F o R �33i�pavi E s eaealail Page 90 of 107 ja tl 4 Z WFK 1 ai fill4 r � k. `j ]ISM top Al�y .I.M i �r — Page 91 of 107 1�i�i s� a Eli is lill frig it N g 4 � qq54 mill � 7H! �g�7� f 1 € Y d' ., th Ia � Ail Page 92 of 107 r awe JP s AA r F p'S R W.': og go W g> Ott `eo N 1. 11fl 11 NOR 5 r 5 4 @ A p y a tip Ego d Page 93 of 107 oil i dH004 a , SIB® H 00 ❑ ❑ � F; o _I{ � a p g TS C} a a a 8 s pp SS g 4.1 a w NI.1.! 4LS 43 tY23 �� V L�-fyj • wk2 ma �h =fib PEP I i L� 19mx I 21 �55 =PMR �NF'�5 Cm4.AI r]a[FA2lVi.L4�brv.till.trnife,Af..atr_L Wage 94 of 107 r;�LL ron`ild WOO'3Os*SD2dON uY3o4P1 woruIsm Dim m-04d MD'dDSOSaddON-1-dsul-Inn.tg Pun t.nd 11z'�ubJi•r ,on eryxegRoi .fe: LO B ii xlldnllfwE.xyy P MM+'Ef dwdvx',e.afA3 FWaNw wM W'-A bvwa.u ' .e:a'n•'�IPn a srw+l w aawu w"Hw•A•I w r vN++wrw^.Nxe aA Ek•Ne w�vm•a wm+mi Pad NDII?1JOE PI N=o�Pmvw NYI Nsm Aind.m0 xs wNd.NVPpp q w wlwmro ao vv�»xq Awn 3+°mdaa. xa x N 3 �Wna WY w•P-uN lb deuadm 4Jupy P 1N.¢41=PWqe((4+R41e'mM n}Rldl„b,pP xW w'IeN PW e U pp F w:ml�eN Au•afebaj rq W Ix• 11Mu•N a,axa erv°fi'mr 1�I•p ump wa(•m aya<, P^ rd x. � �R[] �E lal°die P gWgP�k 10.wl mdE Parvawlr Own gx,wM 4a yusuey,au e�,� T S4��a S S ems! {[ wroJ�s°wva a••n'ns NN H:^•+aw,N m xm dyyna�wna w+mnn�^r a I e.on d Tii � +, ,aFNlgAfd IYPlfew 4 Paw w•Fe<r P Pw NauN+fd Y4E yd IHtI Ilwba Pve=luxe�i H ,ew,I ;,6-zi R q' rP ywa r.wWn m.-F-li 10-.vwy ew<•P.IH9P^M P Jaen-*-W).0 el 1^uP uI II tkWnn gg O�a mAAPI bf ��aw _ o� f liudwua eyl.i Pm an PNP i" q 4•W m-0 J -T +ml••^Y xrr.Y-1 Yem�P°o Juoeurw em�NNx Y0 nr PePlr4 M x•n1 MeN nP r,m oop ao�4'd°I'A mi.Pc�d x1et�IxennlY VI N gPN1AeW Nxp WeJlPAdd xt.nroe 91 W W1W-F'� �x �^ ef4+eMa.InpY aMJ9 Jaxmwu�adS7,oAN'rsY•Ja,uNlw�dd+eYlo aYPyIY.^Mef'IWW%nW aaJL' '�stl9 � Ali '.pox+w ww Inl fa mgxado 1 otl N111<µ imbl.1•Eu•>P N•^wa q Npm al}wwdoPw S p pp 1 Qp a4 NhN dyy.s.uawoN,m e.^30e n'll dWwo WIOiWno`i NN °�0.•NPera w.il wW�dNueY eq S. u i o5 x a � U)MILM OW MLYrOOk"YI iR S dA 'Hm4aPFC9w ioeyP RW'YPYr xMM p lie ffR J3+ekutl Poe rwn pp !! 3 #� 3 weP3 E4 wdeedd;Rn��y9w�lf4 YY 6W emraw all yoPlum PYd xklo°w 4kCAo W 6 J.e 9Wp 'WPPPS,4 e41 le Wr oPl a Jrd PNPA/Wu Army, PW A%°iAm'd d4 34w wynml Wm,#9a'p �M $11 Z�M fit 7 W •AJPP+Ya�k eW+N 4hrArvJ"lp tyo�d Pa4FNl'ml laE Ya.oe A3mdN1'ElWwxaHUE IeEOa P Y,4+a}a5 E' -P $ 1 AJAYf6 MI .�'gyS]�$��,Sa � � �� 'CCLe AO Wn Pm l- 00 5MI'Slit R15MI M Ri .0"h E1 'xlPNeld4 rIAA NrM el+APd et"-w,&Pm nu^FWR m m ewvla Pm watw x1W1 x uWwYr7 31 k ! 5"P uNl%4'Id0 IE 89x Pd9'1BIibAYO] 11� . 5- 6 .. ax w xHNF'°O+Ie°•P°d%Kim,, r°1nb JPea'ev1tl9 e.on YK13x'•Y.°Ye P•mliesol P^Ar.l 5 pF g. nl ZZ i^Meea'1W RI.Sy��ie•°6 .+I�'1'MJ oW r91++�1'0 leal'n Po3Ywwd 91M xatl^F,I Pe='+old r41'mi E pp g�g SO�1■±�¢. dJN 'd a ayY^AeP 44 94u.A OWYme••A x uegp m sA re'A'AVo]P{,arrgfMd im,uy}mnve P-IIK'%NpJ'YJIa3'll $a 5E +JSe,.tlh'owJui►V Taal{3 pWAndb P'c Cv]rtvlFn dnW clVgFko NA P�cxv Y,a9 Anw rWSi E ,aw'w,PAaY wws IAwxr,YaYPJ rur rtlW°o dPra r=»+m°Pn a>d� s bus«'n'a.,c�Asel.ar 1>tiwav Pride jig P P iw x trlEll xbys.la 'enwm atlw a: 'm0eryeoa/,Vb55 J rya df WW✓vJ s9 P4r mAanio zl xmerm,r flPu�+d W $.^�]f.;B�/5 d�Irlf! J xrdgiJd'B 1 sd}uorym 5+9fe1 P%N'YP ANSux•nw wMf rM49 Idllap�n4'sa Ifq'Q '4b SkIM'MD W'04 WYU 3JOA wua ey^M a S P mmlm u P nelno Wo^^�°•Y6 a svyrxl+a{I weP•oynq nl roVl uew 03 03P1MF03a$1 1arJP139Yo}n I-W aeY P ,,y,emyq PilrtJil em xPM'NPMNO dw 64 WfMPrd d9 ePY:N++O'i�9N•+'R+Irow m!Y silnilNOO LYM W 33UFli slrn,ttaArJltl d' J.'iN0 FUNK NaaY&16 6401INU 'mNIWm]f�[,}gpP4 Sao daq^N el µA gl�Wk hyA,nd dr s n P u03(IMM 3u$I 1N3�OWW-1Y13S tyYl slPa WN•°+avbNew pi1PW>ivuJro d'eP tdW 4MfEd '• nF•°6•N.e pi.4 NEoq el P°^"k"•°•^4 pgrt...rp RB 6ft 6011 wd r+M•pV my>oyatl Y>iuy'i! SJ Irlaraa OJAP Lu 3N0.1110 HIVh mall 1wb 4or9J aF YaYOp±ie W»iNua a4 mSr r>,1'iMRr7a<W Naww..s�UI wd Lod 31MMIOO i BriYV.]Aali'P 913NEIRMV'31J31110}uw 3Inowm PIa I �9P3%i49daa V O+PF P'm u:Mn9�b F°7 dl!•W4n+WP n YSuro;'I NYP�4`^IS KA e 1 olPimlN&yL6L le unf60M 5lpytrlx IdW Klwq�$cW °r'W'yu'a%IMi e4 W 4.8�1 'vhMM01103 3HI SILORM i 4p1Nw4'+Yl^9.41}i+•'�'4wH IaYI Aan=i a w'u u vwoH a4 Pw'w+vlmr oeu+. . nwrp li r AD R1K0130J 'wmA^,ir 610QR15 3%OW 3HA J�AHY 3 °e'AI'Li eYl to»rPA9N.lYIN YM P anllnlaya A IIN.w dVl edwNq Pr lie id•Y NumA¢b N rPAd e9 IPN 11,tixuNa'Ax,.po P auwlPx PeN Paaeea n}wm of pryeEum aq FiP 18Ao'I W''I - YeNPw•0 rP�p°'PP dl m�mtla a=e•a'+1Na3 a 414 •^Iwo 7A1urMY0irR wunw%=w; dPJ a47+,dF N'd r1+Aq,r Pm^M.;da7»nN 1wm 3/f a W..n end .ae)NSne vaaKre II NdavneulU]xrm JYf�m SvaHY n a'�"--y....�0 ON 3IH3,U Qd I :AFY Wi!tl9 a W§NPaad a9 gyd NMS6 a.N°'a ICY�rwo E YMe d4°'°a is WFina rVaeS e'f1eN fY�910a db]Sx-. •�—PA3b ilnnlm•oN yxurao>a aWnm 1^e,Ye W9uu Jm a vAAu Pa!o4-in+ P uppy 11 4WP Neap+b •°N'Y NPfI dr Ir'wnanwu wvoPnwYx A HpwP evwa xxwPawwlmn�• i i JHOI'I.1:3AtILS •sass as wM ma'aP'P P w wN.A.1mN dxrd J�+vad vP wneN nsd n 59l n6 kepyubw AYe ydlx Bend AYd glrcm x,ry�Iunf Pex P>ok ml.flso Ix}a phMlpY o?Ar yiYxY '1 NtkIYMtlBYY N049AW8Yp�1YY! >"�°'� 1Ym^l P'1^'ai n1P'^ IYWIYIixIIH$n HIYr IYIYMnJ SJWtli10 nrlJil .s-YMf NAW 3'DxAk M 'q.mlae'alal PP4�Ad mew W3 m Pw p dPlwb'arW+IP ma�e,R'A5 ae be Pwl+rx n tl+Ip{nnnY ro v rtwnna.m Y'AY+^e . 'mPaPn4 ol'Md .G it F4a mw Pi�P.mA+^o a3 al Wx4 Wo3'i I.P'i1.4P'1 III3 '4A3d lHi0YY7�'0.1 I •f•aa�l '.byq e•wa xnrvc'exlyw�7 rrs wad ww�, y w war% �,nx'a NOSI03 P ux1RPrW'w ya apa.8 P•v Y••ep�r my 4Nlo W IW^S,6m•9.�N six#�0 1>clk3 o •liH,'t)tg AM FJ)1kYhY�R 'LL03L N7aeaxi nx µly {•F'mil^P.M.^M..q.i-3{ a i^'A•W P od'xs 1P is ervye, 1YAnilPOnY!f1 H101C11'" .MV 3 '+Iw44'L a�l �...AIHArI A 3.Na r�M�.ii 4 xfA%I➢W�.nj� �'3�N31I� .cl i3W+A n}�Hp°,wnu¢yw W.a ,tr1�1�A33FIt5 �IN3Af�'E1031 Yn'Ttl 31AOwP0 Y' 'LEI m P3rr Ali..F4.a+xr 9W VYx lap4aae oq w+A lPrwa[/ 9 Nni#PIMNOa 30 HPOH31� vt rim i qq44fP B-I xo'infddulpA afe�u P"^Y,}r TA-',E Lei P'+F°k n WPw+4 Oda,ai.yltla.l§.A,y/p Wml P a4 a rW IrV tlrduea iP q rm+dro mY4'Y 1Y14Y00 30 32q-�- "O,u3Pl JInuN3u'OH 'dl^lwed!dab F A. 1 LOW V I'm m asn mA aos IvJM4 N, RM Pea aw E wwwq w °d,1 my amn=d 1HOIl 133JiS a5i 08®n si^d,yeuo aa,u�c P^ill Pl-m alrgwe e•x�m lio do ; Af�Pw 391'WI VJi m SDl Isf ursJ 9 L+ix1 3nll ton xf ew.lr W"i,yl-j a 1Hi 04 NI lad!di dOn sd'n^N°aiW$ a]vwm P.ad1a P•.'e+a�a N N nlrt'+A kt4x9g1 AO-;ix AI-r vAxJNxs Nlds ePan saPAdrP4I E°wc ?i aoe+d w rew>wn°eik 95^mHP PNou Ain',�Part surd.oA'I !foKlmd�o'i+uN 4 albs ur-k F 3 0)) l><allb$ WN� All}ATd JO: 'N10 a 40113as mn Km w4ms NJi'l lw m ixdlr uYI1W PamP^°I�du a av[^umP W+ iyl d-w YAP mFb'- MIN LIM=j HIor13a -+--lPrl rinY eq I W 3Aa orgn+y.yte o e)gv;n uA Su+IU.4Rwe1 V--4m%"Ilm b40 m Ab49 0 Y A Z'l 1MIOIP00 30 J3n-.-r ----Ok3N 11'am 'Ox xnNMIPx Ir+E Pql lA �RAY+++oe W fmd�IwamV Jm4uu0 fKW]DRAM"A41MS a u'�va ry1 a F�as Id+u<wr MAP3^m'lq' PP NOW] ! stlrpbyP,ol%x1.+'J aA 1P3wPnadc en P Imtl o,uwl 4EW ON°orP 9wile�l NI wa MpeFr Owl rs+mn �3SQr1 k01LOfIPd1SM70 ('� '� "11+NQi1N3rSN0a) � uar93-sfu r. , .,., • Page 95 of 107 jo-�l 95 :, �g l pplo- Smod'�i'S y V U d d- 93� ��K7� • qg� P'.mAJ V CS ilk I n '9 79 i� ga lit 54 a # ysa 6 ca Fh8ya et'bE5 yiSC ss � � 21 z 3 a g b ■ bg�� p y $' �x nd EW w`m x o a 6 u3 i9 �s r u S a n a. a NL um �w — hod d Ax VJ 3 4 a L oaF � Page 96 of 107 LL � wl 6 —7� i 1 i m� a� big YIN uILa 0 Ilk Y, �$ W via lab t12 SIR bJY. �� K �y ! i Page 97 of 107 UL B. Re Of pit o`o e Q e q (7 C? 00 0 0 00 41 r r � 1' I II �9 Page 98 of 107 a �i.cl a.s. _q ``�� �_ oil 3 w QQQQQ��' b io F� 1 Page 99 of 107 ^ � � % d� / / 1 11 "R * M � E k�,|r} ■ O �/ ® , )� � | ± ! | M4 \ I � � t � ■ ƒ � 2 2 § ) � \ , - % {} b \,\ k � / ` !E ! - � �/ | � ƒ� \ | Page 100of!0 ; § Q \ ` • H )§ | t , , ' G§ !�|||||e� § k,|« | | | & �- � l | ! | | a � \ i ` ^ 2 2 : AMAIN | ! | . |u | Ism " | | . | !/ � I ! | . � ' � � ! | | HH■ | ( ■ ■ IE ■ � | . s ,) � ! | ■ | | ■| | ■! 'Ism | ivvm m � ] � § 4 � » - _ • ; ! * m ■ b ; ■ tk y ` ] � ) § & § Page 101 of 107 f !E! u li _ ion yy &#3k 51111 i Page 102 of 107 i U Oft f � $ $H.g 1 S. hN a , SHR 041, a $$ n it WIN 9 . Jill}O j' � �ia � � � �$ lug Igi, 'E u 1, � kw allMIR a$ :A� � a �� 4 Vie # ® # ; s 'Out� � � �. �r. $ 'fiHg ���� 0 ,lin" $ 0 1 . � �e P Fit saga— ut s : s imw :�5 ON i R( n.1 d 401 -S$Ak` �.�aa. :y411�d..a a.b ,. �_1 x Page 103 of 107 MCI00 N, 4. 6 Oil 11 g vs . . W' s R E &I d. W9b It UZI owl . w '11a 41 � e YN Page 104 of 107 �ylalgl4agiEa7g3IVim 4.4 k$� u q 6p o pR I oil EON 3 � 14 di b aa J. e :m .; RON P 111 21 Page 105 of 107 EXHIBIT E Minimum Scope and Limit of Insurance LICENSEE shall carry and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work. hereunder and the results of that work performed by LICENSEE or on LICENSEE's behalf by its agents,representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CO 00 01 covering CGL on an"occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability:ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles). • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000 per accident for bodily injury or disease. Other Insurance Provisions The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain,the following provisions: Additional Insured Status LICENSOR, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of LICENSEE including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to LICENSEE 's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CO 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract,LICENSEE 's insurance coverage shall be primary coverage at least as broad. as ISO CG 20 0104 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE's insurance and shall not contribute with it. Notice of Cancellation Page 106 of 107 Each insurance policy required above shall provide that coverage shall provide thirty (30) days' prior written notice of cancellation, except for non-payment of premium in which a ten(10)day notice shall apply to LICENSOR. Waiver of Subrogation LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer. Self-insured Retentions Self-insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed.to provide,that the self-insured retention may be satisfied by either the named insured or LICENSOR. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to.LICENSOR. Verification of Coverage LICENSEE shall furnish LICENSOR with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE 's obligation to provide them. LICENSOR reserves the right to review complete,copies of all:required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location. Special Risks or Circumstances LICENSOR reserves the right to modify these requirements once per renewal tenrn period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances. Page 107 of 107 Page I of 2 A�R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/27/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ONTACT Crown Castle Inc. Willislis Towers Wataon Northeast, Inc. NAME:PHONE FAX c/o 26 Century Blvd AC, C No): P.O. Box 305191 E-MAIL c.p est@arowncastle.com COIRe est@arowncast].e.com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC 9 INSURERA: ACE American Insurance Company 22667 INSURED INSURER B: Crown Castle Inc. See Attached Named Insured List INSURERC: 8020 Katy Freeway INSURERD: Houston, TX 77024 ` INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W38382425 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR POLICYNUMBER D❑IY-Y.YYI (MMIDDNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RF ED CLAIMS-MADE X OCCUR PREMISES Ea or $ 1,000,000 A MED EXP(Any one person) $ 10,000 Y Y HDO G48933889 04/01/2025 04/01/2026 PERSONAL.&ADVINJURY $ 2,000,000 GENT AGGRFGATF LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY[I PRO- LOC PRODUCTS-COMPIOP AGO $ 4,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLF LIMIT Eaauddent $ 2,000,000 X ANY AUTO BODILY INJURY(Per person} $ A OWNED SCHEDULED Y Y ISA H11357131 04/01/2025 04/01/2026 BODILY INJURY(Per ecoldent) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A UM13RELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,o00 EXCESSLIAO CLAIMS-MADF Y Y XL+oG47458262 002 04/01/2025 04/01/2026 AGGREGATE $ 5,000,OD0 DED I X RETENTION$25,000 $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y I N A ANYPROPRIETOWPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMSEREXCLUDED7 No NIA Y WLR C72611251 04/01/2025 04/01/2026 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,400,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Business unit #828436 - TMO10 Jerome Park RL, 2115 3/4 W. McFadden Ave. Santa Ana, CA 92704 Additional Insureds: City of Santa Ana, its officers, agents, representatives, employees and volunteers General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional insureds. , Certificate Holder is included as an Additional Insured under CERTIFICATE HOLDER CANCELLATION APPROVED — -- 8y To Tran Nguyen at 10:16 am,Apr 01 21725 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Tu Tran Digitally signed by -Tu Tran Nguyen CITY OF SANTA ANA Nguyen 100 6A4-0 000t AUTHORIZED REPRESENTATIVE SA BOA 1988 M-23 IV SANTA ANA, CA 92702 1 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 27488978 BATCH: 3893029 AGENCY CUSTOMER ID: _ LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDIN$UREE) Willis Towers Watson Northeast, Inc. Crown Castle Inc. See Attached Named Insured List POLICY NUMBER 8020 Katy Freeway See Page 1 Houaton, TX 77024 CARRIER NAIC CODE Sae Page 1 See Page 1 EFFECTIVE DATE: gee Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance the General Liability, Auto Liability and Umbrella/Excesa Liability policies as their interest may appear and as required by written agreement and only with respect to the liability arising out of the operations performed by or on behalf of the Named Insured. General Liability, Auto Liability, Umbrella/Exoess Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insureds when agreed in written contract prior to the loss, but always subject to the policy terms, conditions and exclusions as permitted by law. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27488978 BATCH: 3893029 CERT: W38382425 CROWN CASTLE,INC. 3/24/2025 Named Insured List Named Insured(cont.) AlrComm of Avon,LLC Global Signal Operating Partnership,LP Assurable Insurance LLC GoldenState Towers LLC Atlantic Coast Communications LLC GS Savings Inc. CC Edge LLC GSPN Intangibles LLC CC Holdings GSV LLC High Point Management Co.LLC CC Site Acquisitions 11 LLC ICB Towers LLC CC Strategic Investment Corp. Interstate Tower Communications LLC CC TM PA LLC Intracoastal City Towers LLC CC Towers Guarantor LLC Light Tower Clearinghouse LLC CC Towers Holding LLC Md7 Capitol one,LLC CCATT Holdings LLC MIW Cell Relt 1 LLC CCATT LLC MIW Cell TRS 1 LLC CCATTPR LLC OP LLC CCGS Holdings core. OP 2 LLC CCPR VI Tower Newco LLC Pinnacle Towers Acquisition Holdings LLC CCS&LLC Pinnacle Towers Acquisition LLC CCTM Holdings LLC Pinnacle Towers Asset Holding LLC CCTMI LLC Pinnacle Towers Canada Inc. CCTM2 LLC Pinnacle Towers 111 LLC CCTMO LLC Pinnacle Towers Limited CCVX LLC Pinnacle Towers LLC ComSite Venture,Inc. Pinnacle Towers V Inc. Coverage Plus Antennas Systems LLC PR Site Development Corporation Crown Atlantic Company LLC Radio Station WGLD LLC Crown Castle AS LLC Shaffer&Associates,Inc. Crown Castle Atlantic LLC Sidera Networks UK Limited(UK) Crown Castle CA Corp. Sierra Towers,Inc. Crown Castle Fiber Enterprise LLC Tower Development Corporation Crown Castle Fiber Holdings Corp. Tower Systems LLC Crown Castle Fiber LLC Tower Technology Company of Jacksonville LLC Crown Castle GS 111 Corp. Tower Ventures 111 LLC Crown Castle GT Company LLC TowerOne Partners,LLC Crown Castle GT Corp. Tristar Investors LLC Crown Castle GT Holding Sub LLC TVHT LLC Crown Castle Inc.f/k/a Crown Castle International Corp. WCP Wireless Lease Subsidiary,LLC Crown Castle LLC WCP Wireless Site Funding LLC Crown Castle Investment Corp. WCP Wireless Site Holdco LLC Crown Castle Investment 11 Corp. WCP Wireless Site Non-RE Funding LLC Crown Castle MU LLC WCP Wireless Site Non-RE Holdco LLC Crown Castle MUPA LLC WCP Wireless Site RE Funding LLC Crown Castle NG East LLC WCP Wireless Site RE Holdco LLC Crown Castle Operating Company Fiber Technolles Networks LLC.N Crown Castle Operating LLC Fibemet Direct Florida LLC Crown Castle Orlando Corp. Fibernet Direct Holdings LLC Crown Castle PR LLC Fibemet Direct TEL LLC Crown Castle PR Holdings LLC Fibemet Direct Texas LLC Crown Castle PR Solutions LLC Fibertech Holdings Corp. Crown Castle Puerto Rico Corp. Fibertech Nervorks,LLC Crown Castle Solutions LLC Freedom Telecommunications,LLC Crown Castle South LLC Global Signal Services LLC Crown Castle Towers 05 LLC InfraSource FL LLC Crown Castle Towers 06-2 LLC InSITE Fiber of Virginia LLC Crown Castle Towers 09 LLC InSITE Solutions LLC Crown Castle Towers LLC 1X(2 Center,LLC Crown Castle USA Inc. 1X(2 WRshire,LLC Crown Communication LLC 18CM Towers LLC Crown Communication New York,Inc Light Tower Fiber New York,Inc.(NY) Fibertech Facilities Corp. Light Tower Holdings LLC Global Signal Acquisitions 11 LLC Light Tower Management,Inc. Global Signal Acquisitions 111 LLC Light Tower Metro Fiber LLC Global Signal Acquisitions IV LLC Ughtower Fiber Infrastructure Corp. Global Signal Acquisitions LLC Ughtower Fiber Networks 1,LLC Global Signal GP LLC Ughtower Fiber Networks 11,LLC n/k/a Crown Castle Fiber LLC Global Signal Holdings 111 LLC LL Q1-18,LLC 1 CROWN CASTLE,INC. 3/24/2025 Named Insured(cont.) Merged Entities to Crown Castle Fiber LLC LTS Buyer LLC 2417 Chesapeake Holdings.LLC LTS Group Holdings LLC n/k/a Crown Castle Fiber Holdings Corp 24/7 Mid-Atlantic Network of Virginia,LLC LTS Intermediate Holdings A LLC 24/7 Mid-Atlantic Network,LLC LTS Intermediate Holdings B LLC Access Fiber Group Holdings LLC TS Intermediate Holdings C LLC Access Fiber Group,Inc. Mobile Media California LLC CA-CLEC LLC Mobile Media National LLC CC Castle International LLC Modeo LLC CC Edge Solutions LLC NEON Transcom,Inc. CC Finance LLC NewPath Networks Holding LLC CC FN Holdings LLC NeWPath Nervorks LLC CC Sunesys Fiber Networks LLC NY-CLEC LLC cc-rs LLC P3 CHB-1,LLC CCPE Acquisitions LLC P3 Holdings 2014 LLC CCT2 Holdings LLC P3 OASA-I,LLC Chesapeake Fiber,LLC P3 PBA-1,LLC Coastal Antennas LLC PA-CLEC LLC Crass Connect Solutions,Inc.(PA) Pinnacle San Antonio L.L.C. Crown Castle Atlantic LLC Pinnacle St.Louis LLC Crown Castle Augusta LLC PR TDC Corporation Crown Castle BP ATT LLC Princeton Ancillary Services 11 LLC Crown Castle International Corp.de Puerto Rico Princeton Ancillary Services 111 LLC Crown Castle MM Holding Corp. Sidera Networks,Inc. Crown Castle MM Holding LLC Sunesys Enterprise LLC n/k/a Crown Castle Fiber Enterprise LLC Crown Castle NG Atlantic LLC Sunesys of Massachusetts,LLC Crown Castle NO Atlantic LLC Sunesys of Virginia,Inc. Crown Castle NG Central LLC Sunesys,LLC Crown Castle NG Networks LLC Thunder Towers LLC Crown Castle NG West LLC TowefOne 2012,LLC Crown Castle PT Inc. TowerOne Allentown 001,LLC Crown Castle Services LLC TowerOne Bethlehem 001,LLC Crown Castle TOG LLC TowerOne Doylestown,LLC Crown Castle TLA LLC TowerOne East Rockhilt 001,LLC Crown Mobile Systems,Inc. TowerOne Marple,LLC DAS Development Corporation TowerOne Middletown 001,LLC RGP Tower Group,LLC TowarOne Middletown 002,LLC TowerOne Middletown 003,LLC TowerOne North Coventry,LLC TowerOne Richland,LLC TowerOne Upper Pottsgrove 002,LLC TowerOne Upper Pottsgrove,LLC TowerOne Warminster 001,LLC TowerOne Warrington 002,LLC Towers Finco 11 LLC Towers Finco III LLC Towers Finco LLC WA-CLEC LLC Wllcon Holdings LLC Wilcon Operations LLC Wilshire Connection,LLC Wilshire Services,LLC Wireless Funding,LLC Wireless Realty Holdings 11,LLC Wireless Revenue Properties,LLC Yankee Metro Parent,Inc. 8020 Katy Freeway Realty LLC 2 1 POLICY NUMBER: HDO G48933889 Endorsement Number: 4 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract. prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liabilityfor "bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the C. With respect to the insurance afforded to these insurance afforded to such additional insured additional insureds, the following is added to will not be broader than that which you are Section III--Limits Of Insurance: required by the contract or agreement to If coverage provided to the additional insured is provide for such additional insured. required by a contract or agreement, the most we CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not Increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 1012 19 1 POLICY NUMBER: HDO G48933889 Endorsement Number: 3 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you are performing work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 O Insurance Services Office, Inc.,2018 Page 1 of 1 1 POLICY NUMBER: HDO G48933889 Endorsement Number: 5 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number CROWN CASTLE INC. 1500 CORPORATE DR Policy Number CANONSBURG PA 15317 Symbol: WLR Number:C72611251 Policy Period Effective Date of Endorsement 04-01-2025 TO 04-01-2026 04-01-2025 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF DOSS . For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent WC 00 03 13(11/05) OO Copyright 1983-2017 National Council on Compensation Insurance, Inc.All Rights Reserved. I POLICY NUMBER: ISA H11357131 Endorsement Number: 2 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named insured: Crown Castle Inc. Endorsement Effective Date: SCHEDULE Name(s)Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 ADDITIONAL INSURED DESIGNATED PERSONS OR.ORGANIZATIONS Named Insured Crown Castle Inc. Endorsement Number 1 Policy Symbol Polloy Number policy Period Effective Date of Endorsement ISA I H11357131 04101I2025 TO 04/01/2026 Issued Sy(Name of Insurance Company) ACE Arnerican.insurance Company Insert She polloy number.The remaindor of thi Information is io be completed only when this endorsement is issued subsequemHo the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO. COVERAGE FORM AUTO DEALERS:COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insureds) Any, person..or oLganization whom you.have agreed to include as en additional insured under o tr cf rrir dod such contr was executed prig to the date of loss. A, For a covered"auto,"Who is Insured. Is amended to include as an"Insured,"the persons or organizations gamed in this endomerrlent. However, these persons or organizations are an."Insured"only for"bodily injury or"property damage" resulting from acts or omissions of: 1.. You. 2. Any of your"employees"or agents. 3. Any person operating a covered"auto with permission from you,any of your"employees"or agents. B: The persons or organizations reamed in this endorsement are not liable for payment o re... tr Authorlmd Representative pA-oumc(03/16) Page t of 1 1 NOTICE TO OTHERS ENDORSEMENT SCHEDULE NOTICE BY INSURER'S REPRESENTATIVE Ahmed Insured Crown Castle Inc. FdarsementNumber 3 Policy:Syt�tbol Policy Number, Policy Period Effective Date of Endorsement I$A H11357l3� 0410-112026 TO 04/01/2026 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The rdmaindor of the information is to bs completed only when this endorsement isissued subsequent to the preparation of'the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration.date by notice to you or the first Named Insured for any reason other than nonpayment of premium., we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule.that you or your representative Create or maintain (the"Schedule") by fallowing your representative to.send such notice to such persons or organizations, This notice will be In addition to our notice to you or the first famed Insured, land any other party whom we are required to notify by statute and in accordance With the cancellation provisions of the Policy, B, "rhe notice referenced In this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organizations) named in the Schedule in the event of a pending cancellation: of coverage, We have no I"al obligation of any kind to any such person(s) or organ ization(s). The failure to provide advance notification of cancellation to the person(g) or organization(s) shown in the Schedule will Impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the.Polley. C. We are not responsible for verifying any information in any schedule, nor are we responsible for any incorrect Irrf'ormation that you or your representative may use, D. . We will only be responsible for sending such notice to your representative, and your representative will in turn send the. notice to the persons or organizations listed In the Schedule at least 30 days prior to the cancellation date applicabiie to the Policy, You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. AtAtkorliied Representative ALL-32686(01/11) Page 1 of 1 1 POLICY NUMBER: ISA H113671.31 Endorsement Number: 4 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY �- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AU"rO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the tither Insurance 8. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Pluto Dealers Coverage Form and and the Other Insurance--Primary And Excess supersedes any provision to the contrary: Insurance Provisions. in the Motor Carrier This Coverage Forms Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and wlll not seep your policy provided that: contribution from any other insurance available to 1. Such"insured" is a Named Insured under such an"insured" under your policy provided that: other insurance; and 1. Such"insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance;and agreement that this Insurance would be 2. You have .agreed in writing in a contract .or primary and would not seek contribution from agreement that this, insurance would be any other insurance available to such primary and would not seek. contribution from 'insured". any other insurance available to such "insured CA 04 4011 16 0 Insurance Services Office, Inc.,2016. Page 1 of 1