Fresno City Council
April 4, 2024

Date: October 28, 2021
To: City Of Fresno California
Regarding: City Of Fresno California / /
BUN: 845794 / / NORTH FRESNO / Order/Application # 584623

Dear Sir or Madam:

Please find enclosed for your review and execution by an auth orized signatory of City Of Fr esno California, the collocation agreement or amendment for the above-referenced wireless co mmunication facility with resp ect to the above-referenced Order/Application Number (the “Enclosed Agreement”). Any other documentation (if any) enclosed within the DocuSign Envelope (“Other Documentation”) is being provided for convenience and/or administrative purposes only and is not part of the Enclosed Agreement, unless and to the extent that su ch Other Documentation is specifically incorporated into the Enclosed Agreement by its terms. If you have any question s regarding the details of the Enclosed Agreement, please contact Lauren Schwindt at 623-233-7216.

Crown Castle now accepts digital signature. Please follow the prompts within the Enclosed Agreement for providing your digital signature and approval. Unless ot herwise indicated, any Other Documentation (if applicable) will have no digital signature functionality within the DocuSi gn envelope. We will execute documents that require notarizations with digital signatures or ink signatures as required for notary purposes.

If you choose not to execute electronically, you may instead pr int out two (2) complete copies of the Enclosed Agreement, sign both in ink and mail them to Crown Castle at the addre ss below. Please include the name, e-mail address, telephone number, and physical street address of the individual to whom one (1) complete fully-executed version of the Enclosed Agreement should be returned. (Note: FedEx and UPS cannot deliver to a Post Office Box.)

Crown Castle Address for mailing signed hard copies:

Crown Castle
Attn: Contract Development Document Execution
2000 Corporate Drive
Canonsburg, PA 15317

Questions may be directed to [email protected] or by phone at 1-833-809-8011.

Thank you,

Contract Specialist
Crown Castle
















 






 





 
1 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (10-27-2017 version) Customer Site Name: N/A Crown Site Name: NORTH FRESNO
Customer Site No.: N/A JDE Business Unit: 845794
Customer Type: Government License Identifier: 782312
Type of Site: ATT Managed Site

TOWER SITE LICENSE AGREEMENT
(LICENSE FOR USE OF TOWER AND GROUND SPACE)
THIS TOWER SITE LICENSE AGREEMENT (this “Agreement”) is entered into as of this [[PreambleDay]]______ day of [[PreambleMonth]]_____________, [[PreambleYear]]________ (the “Effective Date”), between New Cingular Wireless PCS, LLC, a Delaware limited liability co mpany, (“Licensor”), whose Manager (as defined in Section A below) has a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 (“Licensor”), and City of Fresno, a California municipal corporation with its principal place of business at 2600 Fresno St, Fresno, California 93721 (“Licensee”).

The parties hereto agree as follows:

A. MANAGEMENT AGREEMENT, MANAGER
Pursuant to a certain Management Agreement dated as of December 16, 2013 (the “Management Agreement”) by and among Licensor, CCATT LLC (“Manager”), and certain of their affiliates, Manager was (i) appointed as Licensor’s exclusive operator with respect to the management, administration and operation of certain “Managed Sites” (as defined in the Management Agreement), including the Site (as defined in Section 1 below), (ii) granted a limited pow er of attorney to review, negotiate and execute customer collocation agreements, such as this Agreement, and (iii) authorized to receive all of the revenue generated by the Site, including all revenue due under this Agreement. Notwithstanding anything to the contrary herein, Licensor and Licensee acknowle dge and agree that, pursuant to the Management Agreement: (a) Manager is authorized to act as Licensor’s exclusive operator and contract administrator for the Site; (b) Manager will perform all of Licensor’s duties and obl igations under this Agreement; (c) Manager has been granted a power of attorney to execute this Agreement on Licensor’s behalf; (d) Manager is authorized to receive all payments due under this Agreement; and (e) Licensee shall direct to Manager all payments, fees, applications, approvals, perm its, notices and any other documentation required hereunder or otherwise relating to Licensee’s co-location at the Site.

1. DEFINITIONS
Unless otherwise noted, as used in this Agreement references to Section numbers are to sections in main text of this Agreement, references to Exhibits are to those documents attached to this Agreement, use of “including” and “includes” means a non-exhaustive list of examples, and use of “or” means “and/or”.

The following terms as used in this Agreement are defined as follows:
“Acquiring Party” means any person acquiring title to Licensor’s interest in the real property of which the Site forms a part through a Conveyance.

Prepared by: D. Thomas
Prepared on: 10/28/2021
















 






 





 



Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 2

“Adjusted Fee” means the adjusted Basic Payment or other fee, as applicable, calculated as set forth in Section 5.2 below.

“Adjustment Date” means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below.

“AM Detuning Study” means a study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern.

“AM Detuning Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an AM Detuning Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Detuning Study.

“Base Fee” means the then-current Basic Payment or other fee, as applicable.

“Basic Payment” means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 be low, which consideration is subject to adjustment as described in Section 5.2 below.

“Basic Payment Commencement Date” means the earlier of: i) the date that is twelve (12) months after the first (1st) day of the month in which Term Commencement Date, or ii) the first (1st) day of the month following the commencement of the installation of Licensee's Equipment at the Site.

“Closeout Documentation” means the as-built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment.

“Code” means TIA-222- X, where the “X” refers to whatever revision of TIA -222 is currently adopted by the jurisdiction in which the Site is located.

“Conveyance” includes any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriff’s or trustee’s sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer, sale o r conveyance of the Licensor’s interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including to the generality of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy.

“Crown Castle” means Crown Castle USA Inc. or an affiliate of Crown Castle USA Inc. that is designated by Licensor to perform an y Work for Licensee, or to inspect any work that is performed for Licensee, pursuant to Section 2.5 below.

“Current Term Expiration Date” means, at any point in time, the last day of the then- current term, whether it is the initial term or a renewal term (if applicable).

“Deed” means the deed(s) or other similar prior instrument(s) from which Licensor’s rights in any portion of the Site are derived, together with any restrictive covenants pertaining 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 3

thereto, whether or not such restrictive cove nants are contained in the deed(s) or other similar prior instrument(s) or in a separate prior legal instrument(s).

“Equipment” means Licensee’s communications equipment placed on the Site, including Licensee’s antennas, cables, connectors, wires, radios, radio shelter or cabinet and related transmission and reception hardware and software, and other personal property.

“Event of Default” means any material breach of this Agreement for which no cure period applies, or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein, as described in Section 13 below.

“FAA” means the Federal Aviation Administration.

“FCC” means the Federal Communications Commission.

“Government Entity” means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site.

“Grantor” means the grantor named in the Deed, if applicable.

“Inspection Fee” means the fee payable by Licensee to Crown Castle in the amount of Two Thousand Hundred and 00/100 Dollars ($2,000.00 ) to defray Licensor’s costs associated with Crown Castle’s inspection of any Work not performed by Crown Castle.

Said amount is subject to adjustment in accordance with Section 5.2 below.

“Installation Standards” means the “Installation Standards for Construction Activities on Crown Castle Tower Sites” or its successor, issued by Licensor (or its affiliates) from time to time, as described in Section 2.2 below.

“Intermodulation Study” means a study to determine whether an RF interference problem may arise.

“Intermodulation Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be re asonably commensurate with the scope and complexity of the subject Intermodulation Study.

“Landlord” means the lessor, sublessor, or licensor under the Prime Lease, if applicable.

“Laws” means any and all laws, regulations, rules, or requirements promulgated by Government Entities.

“Lender” means any and all lenders, creditors, indenture trustees and similar parties.

“Licensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving si gnals within frequencies for which has an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies.
















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 4

“Licensed Space” means that portion of the Site that is licensed to Licensee hereunder.

“Licensee” means the party named as “Licensee” in the first paragraph hereof and its successors-in-interest.

“Licensor” means the party named as “Licensor” in the first paragraph hereof and its successors-in-interest.

“Modification” means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground, (ii) any addition of antennas or antenna structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, (iv) any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable, (v) the addition of generators or generator fuel tanks in any location, (vi) any addition, modification, or replacement of equipment on the tower other than as may be specified herein, (vii) any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or (viii) any use of power in excess of the power level specified herein. Notwithstanding the foregoing, the replacement of any of Licensee’s equipment (if any) on the tower with new, identical equipment (i.e., equipment of the same quantity, make, model, size and weight), in the same location as the previously permitted equipment, shall not constitute a “Modification”, provided that such replacement does not negatively affect the tower’s loading capacity , as determined by Licensor.

“Modification Application Fee” means the fee payable by Licensee to Licensor in the amount of Five Hundred and 00/100 Dollars ($500.00) to defray Licensor’s costs incurred in evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below.

“NTP” means a written notice to proceed.

“Pre-Existing Use” means any installation or modified use of Licensor’s or another user’s equipment prior to the installation or modified use of Licensee’s Equipment.

“Prime Lease” means the lease(s), sublease(s), or other similar prior agreement(s) from which Licensor’s rights in any portion of the Site are derived, and which may contain restrictions on use of the Site.

“Prior Agreement” means, if applicable, any active prior oral or written agreements (as may have been amended or assigned) between Licensor and Licensee to the extent applicable to the Site and the subject matter described herein.

“Pro Rata Share” means the fraction or decimal equiva lent determined by dividing one (1) by the total number of then-existing users of the Site. In no event shall the Pro Rata Share exceed fifty percent (50%). For th e purposes of determining “Pro Rata Share”, Licensor shall be deemed to be a then-existing user of the Site.

















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 5

“Regulatory Compliance Costs” means the reasonable costs, including reasonable attorneys’ fees, incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law.

“RF” means radio frequency.

“Security Instrument” means any and all mortgages, deed s of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor.

“Services Agreement” means any active agreement(s) between Licensee and Crown Castle with respect to the performance of Work for Licensee by Crown Castle, which active agreement(s) may include, without limitation, any master services agreement, project appendix, purchase order for services, and/or other similar agreement.

“Site” means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space.

“Site Application Fee” means, if applicable, the fee paid or payable by Licensee to Licensor to evaluate a Site Engineering Application to determine whether Site has sufficient capacity to accommodate the Equipment described herein.

“Site Engineering Application” means the application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application, if any, for Licensee’s permitted Equipment is referred to in Section 2.2 below and attached to this Agreement as part of Exhibit B.

“Site Plan” means the site plan or site sketch, if any, referred to in Section 2.2 below and attached hereto as Exhibit C.

“Structural Analysis” means an engineering analysis performed to determine whether the physical and structural capacity of the towe r are sufficient to accommodate the proposed tower-mounted Equipment, if any. Such en gineering analysis takes into consideration factors such as weight, wind loading and physical space requirements.

“Structural Analysis Fee” means the fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) to defray Licensor’s costs incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee’s tower-mounted Equipment described herein or with respect to any Modification to Licensee’s Equipment . Said amount is subject to adjustment in accordance with Section 5.2 below.

“Subsequent Use” means any installation or modified use of Licensor’s or another user’s equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below.

“Term” means the term of this Agreement, as set forth in Section 4 below.

















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 6

“Term Commencement Date” means upon full execution of this Agreement

“Tower Level Drawing” means the tower level drawing or tower sketch, if any, referred to in Section 2.2 below and attached hereto as part of Exhibit B.

“Unlicensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving signals within frequencies that do not require an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies.

“Work” means the installation of Equipment at the Site, construction of an approved Modification to Equipment at the Site, or removal of Equipment from the Site, as set forth in Section 2.5 below.

2. SITE, LICENSE, EQUIPMENT, LICENSED SPACE, APPLICATION FOR

MODIFICATIONS, CONDITIONS PRECEDENT, ACCEPTANCE OF SITE

2.1 The Site. The Site consists of that certain parcel of property, located in the City of Fresno, the County of Fresno, and the State of California, which is described in Exhibit A hereto.

2.2 License to Install, Operate and Maintain the Equipment . Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment on the Site within the Licensed Space, as such Equipment and Licensed Space are described in, and subject to, the approved Site Engineering Application and Tower Level Drawing (or other documentation), if applicable, attached hereto as Exhibit B and as shown in the Site Plan (or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement, the parties acknowledge that the Equipment (or a portion thereof) may already be installed on the Site and th at Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the inst allation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C.

2.2.1 Tower-Mounted Equipment Not Installed Within 180 Days After Commencement of Installation. With respect to the installation of any tower-mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tower- mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification) within one hundred eighty (180) days after commencement of its initial installation of such tower-mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of su ch tower-mounted Equipment after said one hundred eighty (180) day period; provided, however, Licensee may thereafter install the remainder of the permitted but uninstalled tower-mounted Equipment for no increase to the Basic Payment, subject to available capacity at the Site, as determined by Licensor. Licensee shall notify Licensor in writing and coordinate with Licensor prior to installing any portion of the remainder of the permitted but uninstalled tower-mounted Equipment after said one hundred eighty (180) day period. Licensee acknowledges and agrees that Licensor may require that Licensee submit a new Site Engineering Application with respect to the installation of the remainder of such permitted but uninstalled tower-mounted Equipment. In the event that Licensor determines that the Site or tower located thereon cannot accommodate such permitted but uninstalled tower-mounted Equipment 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 7

without requiring modifications thereto, then the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating such permitted but uninstalled tower-mounted Equipment.

2.2.2 Reduction of Available Capacity Due to Change in Applicable Law. If, as a result of any change in the applicable Code after the date of the subject Structural Analysis and prior to Licensee’s completion of installation of any tower-mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification), Licensor determines that the tower at the Site no longer has sufficient capacity to accommodate any permitted but uninstalled tower- mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after such change in such applicable Code; provided, however, the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be ma de for the purpose of accommodating any such permitted but uninstalled tower-mounted Equipment.

2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the subject Structural Analysis Fee, AM Detuning Study Fee or Intermodulation Stud y Fee, as applicable. Any approved Modification shall be evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibi t to said amendment. Licensee agrees that any Modification, or change in Licensee’s use of the Licensed Space, as approved herein, may entitle Licensor to additional compensation. Licensor is not obligated to approve applications for Modifications.

2.4 Conditions Precedent to Installation of Equipment or Modification . With respect to the installation of Equipment not already installed on the Site pursuant to a Prior Agreement, and with respect to any Modifications to Equipment, the parties agree that, notwithstanding anything to the contrary herein, Licensee’s right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease or Deed to allow Licensor to license the Licensed Space to Licensee, if such consent is required, or Licensor has determined th at no such written consent is required; (ii) a Site Engineering Application for such installation or Modification has been approved by Licensor; (iii) Licensor has received and approved Licensee’s drawings showing the proposed installation of or Modification to the Equipment; (iv) Licensee has received and provided to Licensor (and Licensor has reviewed and accepted) copies of (a) all required permits, if any, for its installation of or Modification to the Equipment and (b) all required regulatory or governmental approvals pertaining to Licensee’s proposed use of the S ite; (v) Licensor has received a waiver of any rights of first refusal applicable to the Licensed Space identified in the subject Site Engineering Appl ication; (vi) the Site Application Fee, Modification Application Fee, Structural Analysis Fee, Intermodulation Study Fee and AM Detuning Study Fee, as applicable, have been paid; and (vii) an NTP pertaining to such installation or Modification has been issued by Licensor and fully executed in accordance with Licensor’s NTP process . With respect to Licensee’s initial installation of Equipment on the Site, if any applicable conditions precedent are not satisfied within one hundred eighty (180) days after the date of full execution of this Agre ement, either party shall have the right to terminate this Agreement upon written notice to the other party; provided, however, the foregoing right to terminate this Agreement shall expire upon satisfaction of all applicable conditions precedent if said termination right 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 8

was not previously exercised by either party. Lic ensor and Licensee shall cooperate to satisfy any conditions precedent.

2.5 Performance of Work . Licensee may engage Crown Castle to install Licensee’s Equipment, to make approved Modifications to Licensee’s Equipment, or to remove Licensee’s Equipment from the Site pursuant to this Section 2 (the “Work”). With respect to each such engagement, Licensee shall pay to Crown Castle a fee equal to the cost of the subject Work plus fifteen percent (15%), except to the extent as may otherwise be set forth in an applicable Services Agreement between Licensee and Crown Castle, and such Work shall otherwise be performed upon other terms mutually agreed upon by Licensee and Crown Castle as set forth in an applicable Servi ces Agreement; provided, however, in the event that Licensee does not engage Crown Castle to perform th e Work, Licensee shall (i) only engage a contractor approved by Crown Castle to perform the Work a nd (ii) pay to Crown Castle the Inspection Fee upon completion of the Work. Notwithstanding Crown Castle’s inspection of any Work not performed by Crown Castle, neither Licensor nor Crown Castle shall in any way be liable for any defect in the Work or any of the materials used, and Licensee shall not rely on Licensor’s inspection of the Work as confirmation that no defects exist. All Work shall be performed in accordance with the standards set forth in the Installation Standards. The foregoing requirement that Licensee only engage Crown Castle or a contractor approved by Crown Castle to perform Work on the Site is a material term of this Agreement.

2.6 Closeout Documentation. In the event that Licensee engages Crown Castle to perform any Work for Licensee pursuant to Section 2.5 above, Licensor shall provide or cause Crown Castle to provide to Licensee all Closeout Documentation with respect to such Work within forty-five (45) days after completion of the Work. In the event that Licensee does not engage Crown Castle to perform any Work for Licensee and Licensee engages a contractor approved by Crown Castle to perform the Work pursuant to Section 2.5 above, Licensee shall provide to Licensor all Closeout Documentation with respect to such Work within forty-five (45) days after completion of the Work. Notwithstanding the foregoing, in the event that Licensee fails to provide to Licensor said Clos eout Documentation within said forty-five (45) day period, Licensee shall pay to Licensor One Thousand and 00/100 Dollars ($1,000.00) for the purpose of defraying Licensor’s costs associated with preparation of the Closeout Documentation required hereunder.

Said amount is subject to adjustment in accordance with Section 5.2 below.

2.7 Licensor’s Remedies for Undocumented Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as permitted hereunder, it shall constitute a material breach of contract and Licensor shall have the following remedies, notwithstanding any other terms of this Ag reement: (i) the right to collect from Licensee an administrative fee equal to six (6) times the monthly portion of the Basic Payment (based on the amount of the Basic Payment at the time of said notice), plus the Modification Application Fee, plus any costs incurred to assess the impact of the unauthorized installation or Modification; (ii) the right to collect from Licensee any direct and consequential damages related to such unauthorized installation or Modification; and (iii) the right to collect the Basic Payment for the Site retroactive to the date of the unauthorized installation or Modification. In the alternative to other remedies available to Licensor hereunder (i.e., the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site.

2.8 Acceptance of Licensed Space and Site . By executing and delivering this Agreement, Licensee: (i) accepts the Licensed Space and Site, including any improvements located thereon, as suitable for the purposes for which the Licensed Space is licensed to Licensee hereunder; (ii) accepts the Licensed Space and Site, including any improvements located th ereon, and every part and appurtenance thereof in 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 9

their “AS IS, WHERE IS” condition; and (iii) waives any claims against Licensor related to defects in the Licensed Space or Site, including any improvements loca ted thereon, and their habitability or suitability for any permitted purposes, except if otherwise expressly provided hereunder.

3. ACCESS, USE OF SITE, ZONING APPROVAL, UTILITIES

3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A, and non-exclusive license to access Licensor’s utility easement, if any, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or Deed or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with a license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area; provided, however, in the event that Licensee requires access to the Site but snow or some other ob struction on or in the access area is preventing or otherwise materially hindering Licensee’s access to the Site, then Licensee shall notify Licensor of such snow or other obstruction and Licensor and Licensee shall cooperate with one another for the removal of such snow or other obstruction, on terms mutually agreeable to the parties.

3.2 Authorized Persons; Safety of Personnel. Licensee’s right of access to the Site shall be limited to contractors approved by Crown Castle or persons under their direct supervision. Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement.

3.3 Notice to Licensor. Licensee agrees to provide prior notice of any access to be made by Licensee or its contractors or subcontractors to the Site by calling Licensor’s Network Operations Center at (800) 788-7011 (or by providing notice as otherwise directed by Licensor). For safety reasons, access to the Site is restricted to times when elevated work is not being performed on any tower at the Site by any other person.

3.4 Licensee’s Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall tr ansmit and receive only within the FCC-licensed or unlicensed frequency ranges specified herein, at the power levels specified herein.

3.5 Permits, Authorizations and Licenses . Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for ob taining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor.

3.6 Zoning Approval . At least seventy-two (72) hours before submitting any zoning application or amendment to the applicable zoning authority in relation to its installation of or Modification to Equipment at the Site, Licensee must provide Lice nsor with copies of such zoning application or amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application or amendment within seventy-two (72) hours after its re ceipt of copies thereof, provided that if Licensor does not respond within said period, Licensor shall be deemed to have approved same. Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or amendment or (ii) require revisions to any such zoning application or ame ndment. Licensor also reserves the right, prior to 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 10

any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property on which the Site is located, or any existing or future Site licensee, as a condition of such zoning authority’s approval; provided, however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval, limitations or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for all costs and expenses associated with (a) any zoning application or amendment submitted by Licensee, (b) making any improvements or performing any other obligations required as a condition of approval with respect to same and (c) any other related expenses.

3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as reasonably allocated by Licensor.

4. TERM

4.1 Term of Agreement . The term of this Agreement shall commence on the Term Commencement Date and continue for a period of ten (10) years, ending on the day immediately prior to the tenth (10th) anniversary of the Term Commencement Date at 11:59:59 p.m. New York time (the “Term”).

4.2 Automatic Term Renewal . The Term shall automatically extend for four (4) renewal periods of five (5) years each unless either party provides written notice to the other of its election not to renew the Term, at least one hundred twenty (120) days prior to the Current Term Expiration Date; provided, however, in the event that Licensee prov ides written notice of non-renewal to Licensor in accordance herewith but does not cause its Equipmen t to be removed from the Site prior to the Current Term Expiration Date, then (i) if all possible renewal periods have not been exhausted, such non-renewal notice shall be deemed to be invalid and have no for ce and effect, and this Agreement shall be deemed to have continued for an additional renewal period in accordance with this Section 4.2, as of the Current Term Expiration Date, and (ii) if all possible renewal periods have been exhausted, Section 23 below shall apply with respect thereto.

4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if a Prime Lease applies to the Site, and the term of the Prime Lease expires or terminates sooner than the expiration or termination of this Agreement, and Licensor has not assigned (and is not obligated to assign) its rights hereunder to Landlord, then the Term of this Agreement shall conti nue and remain in effect only as long as Licensor retains its interest under the Prime Lease.

5. CONSIDERATION

5.1 Basic Payment . Licensee shall pay to Licensor Four Thousand Seven Hundred Fifty and 00/100 Dollars ($4,750.00) per month, subject to adjustment in accordance with Section 5.2 below (the “Basic Payment”), for its license and use of the Licensed Space. The Basic Payment shall be paid in advance and without demand, in equal monthly payments payable on the Basic Payment Commencement Date, and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by check payable to CCATT LLC, PO Box 732462, Dallas, Texas 75373-2462. Licensee shall include the JDE Business Unit No. 845794 on or with each payment.

Payments for any partial month shall be prorated.

5.2 Adjustments to Basic Payment and Other Fees . The Basic Payment and all other fees herein that are expressed as fixed dollar amounts (excluding any fees in this Section 5 other than the Basic 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 11

Payment that are expressed as fixed dollar amounts) sh all be increased (but never decreased) on the first anniversary of the Term Commencement Date and ev ery anniversary of such date thereafter (the “Adjustment Date”) by three percent (3%). Licensor’s failure to demand any such increase shall not be construed as a waiver of any right thereto and Li censee shall be obligated to remit all increases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula:

The Adjusted Fee = Base Fee + (Base Fee x 3%).

5.3 Regulatory Compliance Costs. In the event that Licensor incurs Regulatory Compliance Costs at the Site during the Term, then, at Licensor’s election, Licensee shall pay to Licensor its Pro Rata Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor’s invoice for same (together with supporting documentation).

5.4 Taxes, Fees and Assessments. Licensee shall pay directly to the applicable Government Entity, or to Licensor if Licensor is invoiced by such Government Entity, if and when due, all taxes, fees, assessments or other charges assessed by such Government Entity against the Equipment or Licensee’s use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and when due, any sales, use, ad valorem or other simila r taxes or assessments which are assessed or due by reason of this Agreement or Licensee’s use of the S ite or the Licensed Space. At Licensor’s election, Licensee shall also pay to Licensor its Pro Rata Share of all taxes, fees, assessments or charges assessed by any Government Entity against the Site itself or against Licensor’s improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually, indicating the amount of the assessment, Licensee’s Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee’s receipt.

6. INTERFERENCE

6.1 Interference to Licensee’s Licensed Operations. Licensor agrees that neither Licensor nor Licensor’s other licensees or tenants at the Site, whose equipm ent at the Site is installed or modified subsequently to the installation or Modification of Licensee’s Licensed Equipment (“Subsequent Use”), shall permit their equipment to interfere with Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC. In the event that any Subsequent Use causes RF interference to Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC, then (i) Licensee shall notify Licensor in writing of such RF interference, (ii) Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power or cease operations in order to correct and eliminate such RF interference within seventy- two (72) hours after Licensor’s receipt of such notice , and (iii) the entity responsible for the Subsequent Use shall be obligated to perform (or cause to be performed) whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference to Licensee’s FCC-licensed transmissions or reception. Licensor further agrees that any new licenses or other agreements that Licensor executes w ith third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee’s operation of its Licensed Equipment following receipt of a notice of such RF interference.

6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee’s Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor or other uses of users of the Site (including Pre-Existing Uses) in excess of levels permitted by the FCC. If 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 12

Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all commercially reasonable and necessary steps to determine the cause of and eliminate such RF interference. If the RF interference cont inues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power or cease operations until such time as Licensee can make repair s to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed , then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee’s cost, and withou t liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. To the extent allowed by law, Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, da mages, claims and liability that result from RF interference caused by Licensee’s Equipment.

6.3 Interference to Licensee’s Unlicensed Operations . Licensee acknowledges that if Licensee’s operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site have any duty or obligation to remedy the interference to such Unlicensed Equipment. Licensee may, after taking all commercially reasonable actions to remedy the interference to the operation of its Unlicensed Equipment, submit a Site Engineering Application to request relocation of such Equipment to another location at the Site. Licensor shall approve the Site Engineering Application if sufficient space and capacity are available at the Site to accommodate such Unlicensed Equipment without interference (physical or electrical) to other users of the Site, as determined by Licensor in its sole judgment. All costs for said relocation shal l be the sole responsibility of Licensee. If the Site Engineering Application for said relocation is approved by Licensor, all other terms of this Agreement shall continue to apply to such Unlicensed Equipment as relocated and this Agreement shall be amended to reflect such relocation.

7. RELOCATION OF EQUIPMENT BY LICENSOR

7.1 Relocation of Equipment at Licensor’s Option. Licensor shall have the right to change the location of the Equipment (including re-location of Equipment on the tower to an elevation used by other licensees, or re-location of Equipment to another tower located or to be constructed on the Site) upon sixty (60) days written notice to Licensee, provided that said change does not, when complete, materially alter the coverage or signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor’s expense and with reasonably minimal disruption to Licensee’s operations and shall be evidenced by an amendment to this Agreement.

7.2 Third Party Offers for Licensed Space. In the event that Licensor receives a proposal from a third party to license the Licensed Space for a fee in excess of Two Thousand and 00/100 Dollars ($2,000.00) per month, then, unless Licensee agrees to amend the Basic Payment to equal the amount offered by said third party (within thirty (30) days of the date of said notice from Licensor), Licensor shall have the right to either (i) relocate the Equipment, or (ii) if Licensor determines, in its sole judgment, that such relocation is not feasible, terminate this Agreement on thirty (30) days written notice.

8. RF EXPOSURE

Licensee agrees to reduce power or suspend oper ation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards.

















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 13

9. LIENS

Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed, material s furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any party that the lien has been filed.

10. INDEMNIFICATION

To the extent allowed by law, Licensee shall indemnify, defend and hold Licensor, and Licensor’s affiliates, subsidiaries, directors, officers, managers, employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable attorney’s fees), resulting from or arising out of Licensee’s or any of Licensee’s contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site. Licensor agrees that this Agreement shall in no way act to abrogate or waive any immunities available to Licensee under the Tort Claims Act of the State of California.

11. INSURANCE

Licensee shall carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. The liability insurance policies, automobile, commercial general liability, and umbrella shall be endorsed to cover Licensor (and Licensor’s manager, as applicable ) as an additional insured on a primary and non - contributory basis such that the umbrella liability policy, primary auto liability and commercial general liability all apply as primary with regard to any primary liability insurance maintained by Licensor (and any primary liability insurance maintained by Licensor’s manager, as applicable) on a form that does not exclude the concurrent negligence of the additional insured At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee (other than independent contractors of Licensee, which must provide coverage as separately specified by Licensor ) shall obtain the following insurance coverage: (i) statutory workers’ compensation including employer’s liability with the following limits: $1,000,000 per accident; $1,000,000 disease, each employee; and $1,000,000 disease policy limit; (ii) commercial general liability covering bodily injury, death and property damage including coverage for explosion, collapse and underground exposures (XCU) and products/completed operations with limits not less than $1,000,000 per occurrence, combined single limit with a $2,000,000 general policy aggregate and a separate products/completed operations aggregate of $2,000,000; (iii) automobile liability covering all owned, hired and non-owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of $5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all of Licensee’s equipment and improvements at the Site. Licensor reserves the right, no more than once every ten (10) years, to require reasonable increases in the commercial general liability limits identified above, which increases shall be reflectiv e of then-current industry exposures. Licensor shall exercise such right by providing written notice thereof to Licensee, in which event Licensee shall become compliant within thirty (30) days after receipt of written notice of the subject increases to such limits. All insurers will carry a minimum A.M. Best A-(FSC VIII ) or equivalent rating and must be licensed to do business in the state where the Site is located. All policies required to be provided pursuant to this Section 11 shall contain a waiver of subrogation in favor of Licensor (and Licensor’s manager, as applicable). The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this Agreement and at least annually as the policies renew. Any failure on the part of Licensor 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 14

to request the required certificates of insurance shall not in any way be construed as a waiver of any of the aforesaid insurance requirements. Licensee shall provi de copies of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within fifteen (15) days of receipt of any cancellation notice of any of the required insurance policies.

Notwithstanding the foregoing, it is acknowledged and agreed that Licensee (for itself alone) shall be entitled to self-insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee’s customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee’s responsibility for claims and liability with value up to the amount of Licensee’s self-insured retention, and, if applicable, the existence of Licensee’s excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder.

Such self-insurance shall respond in the same manner that the required insurance policies would have if the Licensee had purchased insurance in the standard insurance market.

12. CASUALTY OR CONDEMNATION

12.1 Casualty . In the event that the Site, or any part thereof, is damaged by fire or other casualty not caused by Licensee, then Licensor shall have (i) ninety (90) days from the date of damage, if the damage is less than total destruction of the Site, in which to make repairs, and (ii) one hundred and eighty (180) days from date of destruction, if the Site (including the tower structure) is dest royed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee’s use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee’s use of the Site is interrupted due to casualty, Licensee’s sole remedy for such interruption of use shall be abatement of the Basic Payment for the period during which Licensee’s use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12.1, Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee’s operations caused by forces majeure or acts of God.

12.2 Condemnation . If any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law.

13. DEFAULT, REMEDIES, WAIVER OF CONSEQUENTIAL DAMAGES

Each of the following shall constitute an Event of Default hereunder: (i) Licensee’s failure to pay any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent; (ii) Licensee’s engagement of a contractor not approved by Crown Castle to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee ’s breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above; (iv) Licensee’s violation of the Site or tower access limitations in Section

3.2 above; (v) Licensee’s failure to stop its Equipment from causing RF interference to Licensor or other pre-existing uses of users of the Site in violation of the requirements of Section 6.2 above; and (vi) either party’s failure to cure any breach of any other covenant of su ch party herein within thirty (30) days after receipt of written notice from the non-breaching party of said breach, provided, however, such thirty (30) day cure period shall be extended upon the breaching party’s request if deemed by the non-breaching party 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 15

to be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching party shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. In the Event of Default by Licensee, upon Licensor’s demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive hereunder for the remainder of the then-current Term, and Licensor shall have the right to accelerate and collect said payments, which right is in addition to all other remedies available to Licensor hereunder or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. Licensee agrees that, if any payment to be made under this Agre ement is not received by Licensor by the date it is due, Licensee will pay Licensor a late fee of Thirty-Five Dollars ($35.00) for each month or partial month that elapses until said payment is received by Licensor. Said amount shall be adjusted as set forth in Section

5.2 above. Imposition of late fees is not a waiver of Licensor’s right to declare this Agreement in default if the Basic Payment or any other payment is not made when due. Except as otherwise provided in Section

2.7 above, neither party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law.

14. USE OF HAZARDOUS CHEMICALS

Licensee must inform Licensor (in the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice) if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor’s prior written approval. Licensee agrees to provide to Licensor no later than each January 15th, an annual inventory of its hazardous chemicals on the Site.

15. GOVERNING LAW, VENUE

The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any disp ute related to this Agreement shall be resolved by mediation or litigation in said state or commonwealth. The period for bringing any dispute related to this Agreement to mediation shall be the same period that would apply under the applicable statute of limitations were such dispute to be brought to litigation.

16. ASSIGNMENT, SUBLEASE, SHARING

This Agreement may not be sold, assigned or tran sferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be w ithheld at Licensor’s sole discretion. Licensor’s consent to any such assignment, and Licensee’s and the assignee’s representations to, and agreements with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreemen t, in whole or in part, either dire ctly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party.

Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to the Site by such other government entities, agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above.

















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 16

17. NOTICES

Except for notices of access which are to be prov ided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certifie d or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses:

A s t o L i c e n s e e :

City of Fresno
Attention: Bryon Horn, CIO
2600 Fresno Street, Room 1059
Fresno, CA 93721
Phone: (559) 621-7101
FAX: (559) 457-1002

As to Licensor:

NEW CINGULAR WIRELESS PCS, LLC
c/o CCATT LLC
2000 Corporate Drive
Canonsburg, PA 15317
Attention: Legal Department
Telephone Number: (724) 416-2000

Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party.

18. PRIME LEASE OR DEED

Licensor and Licensee a cknowledge that Licensee’s use of the Site is subject and subordinate to the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit D hereto.

Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, sublessee, licensee or grantee as set forth in the Prime Lease or Deed to the extent they are applicable to Licensee’s access to and use of the Site.

19. TERMINATION

19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor’s permits to operate the Site as a communications facility is withdrawn or terminated, this Agreement shall terminate effective as of the termination of such Site zoning approval or permit.

19.2 Termination of Prime Lease . If a Prime Lease applies to the Site and the Prime Lease terminates for any reason, this Agreement shall terminate effective as of the termination of the Prime Lease.

19.3 Termination in the Event of Default . In the Event of Default by either party (the “defaulting party”), the other party (the “non-defaulting party”) may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 17

of Default, and (ii) in the case of a breach that co uld have been cured in accordance with Section 13, the defaulting party’s failure to cure such breach within the stipulated cure period. The non-defaulting party’s right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights and remedies provided to the non-defaulting party by law or under this Agreement.

20. NO WAIVER

No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted.

21. NON-DISCLOSURE

The parties agree that, except to the extent otherwise required by law, without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such part y’s auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement (or relevant portions thereof) to (i) Landlord, if a Prime Lease applies to the Site, (ii) any of its lenders or creditors, or (iii) third parties that are existing or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation, leasing, licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee’s permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee’s Equipment (if any) installed, or to be installed, on the tower for the purposes of Structural Analysis.

22. SUBORDINATION, NON-DISTURBANCE, ATTORNMENT

22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee’s rights hereunder are and will be subject and subordinate in all respects to: (i) a Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement.

22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party, ag rees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument.

22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; provided, however, that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any 















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 18

Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement.

22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, provided that Licensee does not waive any rights that it may have hereunder to terminate this Agreement, in acco rdance with its terms, and (ii) Licensee shall attorn to, accept and recognize Lender or any Acquiring Party as the licensor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver, at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment.

23. SURRENDER OF LICENSED SPACE, REMOVAL OF EQUIPMENT,

REMAINING EQUIPMENT FEE

Licensee shall remove all of its Equipment and ot her personal property from the Site prior to, and shall surrender the Licensed Space upon, the termination or expiration of this Agreement. The removal of Licensee’s Equipment and other personal property shall be performed in such a manner as not to interfere with the continuing use of the Site by Licensor and ot hers. Licensee shall, at Licensee’s sole expense, promptly repair any damage caused by such removal, reasonable wear and tear excepted, to the Site, to the Licensed Space or to the equipment of any third party on the Site. Should any of Licensee’s Equipment or other property remain on the Site after the expiration or termination of this Agreement, then:

(i) no tenancy or interest in the Site shall result, and all such Equipment and other property shall be subject to immediate removal;

(ii) in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity:

(a) Licensee shall, upon demand, pay to Licensor a fee equal to one and one-half (1 ½) times the monthly portion of Basic Payment (based on the amount of the Basic Payment at the time of said expiration or termination) for each month or partial month during which any portion of Licensee’s Equipment remains at the Site after the expiration or termination of this Agreement,

(b) Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or other property remaining at the Site after the expiration or termination of this Agreement, and

(c) Licensee shall indemnify and hold Licensor harmless from and against all claims made against Licensor by any third party founded upon delay by Licensor in delivering possession of the Site to such third party or upon the improper or inadequate condition of the Site, to the extent that such delay or improper or inadequate condition is occasioned by the failure of Licensee to perform its said surrender obligations or timely surrender of the Licensed Space; and

















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 19

(iii) at any time, Licensor shall have the right, but not the obligation, to remove the Equipment or other property and store it, all at Licensee’s expense, subject to the following terms:

(a) Licensor’s liability for any damage to the Equipment or other property occasioned by such removal and storage is expressly waived by Licensee,

(b) Equipment so removed shall be returned to Licensee upon payment in full of all removal and storage costs and any other fees owing und er this Agreement, plus an administrative charge equal to fifty percent (50%) of the total of said removal and storage costs, and

(c) notwithstanding the foregoing, any Equipment not retrieved by Licensee within ninety (90) days after its removal shall be deemed ab andoned by Licensee, and shall become the property of Licensor without further action by either party, provided that such abandonment shall not relieve Licensee of liabi lity for the costs of removal, storage and disposal of the Equipment, and Licensee shall reimburse Licensor for the cost of disposing of abandoned Equipment plus an administrative charge equal to fifty percent (50%) of the costs of said disposal.

24. COMPLIANCE WITH LAWS

Licensor shall, at Licensor’s expense, ensure that the tower structure (if any) operated by Licensor on the Site complies with all applicable Laws, including all rules and regulations promulgated by the FCC and FAA with regard to lighting, marking and painting, except where noncompliance is due to Licensee’s, Landlord’s, Grantor’s or other Site users’ negligence or willful misconduct. All installations and operations by Licensee in connection with this Agreement shall meet and comply with all applicable Laws, including all applicable local codes and regulations, and all applicable rules and regulations promulgated by the FCC and the FAA. Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site.

25. COUNTERPARTS AND ELECTRONIC SIGNATURE

This Agreement may be executed by original, facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) a nd in any number of counterparts which shall be considered one instrument. Counterparts, signed facs imile and electronic copies of this Agreement shall legally bind the parties to the same extent as original documents.

[Signature page follows]
















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312
Prepared by: D. Thomas
Prepared on: 10/28/2021 20
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals on the Effective Date.

Licensee: Licensor:

CITY OF FRESNO,
a California municipal corporation
By:

BRYON HORN, CIO
Information Services Department
Date:________________________
APPROVED AS TO FORM:

DOUGLAS T. SLOAN
City Attorney
By:

Brandon Collet Date
Sr. Deputy City Attorney
ATTEST:
72''67(50(5&0&
City Clerk
By:

Deputy
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its: Attorney-in-Fact
By:[[CCISign1]]____________________________
Print Name:[[CCIPrint1]]______________________
Title:[[CCITitle1]]___________________________
Date:[[CCIExecDate1]]_________________________
)
















 





















 





 









1 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (10-27-2017 version) EXHIBIT A to Tower Site License Agreement

SITE AND ACCESS AREA LEGAL DESCRIPTIONS
















 






 





 
















 






 





 
















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 2

EXHIBIT B to Tower Site License Agreement

APPROVED EQUIPMENT

















 






 





 
Order Information
Order ID Submitted By Original Submit Date JDE Job Number Revision Number 584623 Emily Greene Aug 24 2021 684648 0
Orders are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property-owner approval. Approval conditions may result in alternative requirements for type and/or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer.

Site Information
Site ID Crown Castle Structure Structure Height (ft) Crown Castle Site Name 845794 A 280.0 NORTH FRESNO
Crown Castle District County
SFO Fresno
Latitude Longitude Structure Type Site Address
36° 47' 3.49" -119° 51' 11.36" SELF SUPPORT 3306 N VALENTINE AVE FRESNO, CA 93722
Order Parameters
Who is the customer? What do you want to do? First Time Install on Site? What is the Scope of your Order? City Of Fresno California License Agreement Yes Tower Equipment and Ground Space What is the scope of work?
City of Fresno proposes to add (6) Omnis, (2) MWs, and (8) lines adding 8'x30' lease area/building
Customer
Billing Company Billing ID Number Billing Address
City of Fresno 2414274 2600 FRESNO ST
FRESNO, CA 93721
Operating Legal Entity Operating Legal Entity ID
City of Fresno 2414274
Customer Site Name Customer Site Number Customer Job Number Customer Payment Reference -- -- -- --
Customer Project Number Customer Market Customer Region Customer Sub-Market -- -- -- --
Project Management Vendor
Crown Castle - PMV
Contacts

NAME EMAIL PHONE ADDRESS
Bryon Horn [email protected] 5596217101 2600 FRESNO ST FRESNO, California 93721
RF Contacts
There are currently no Contacts for this order.

















 






 





 
Configuration Review
Antennas
MCL
(ft)
ACL
(ft)

TOTAL INSTALLED PROPOSED NOT

INSTALLED

MANUFACTURER / MODEL HEIGHT
(in)
WIDTH
(in)
DEPTH
(in)
WEIGHT
(lbs)
223 223 2 0 2 0 RFS/CELWAVE / SC3-W100A 39.36 39.36 104.50 39.70 237 237 1 0 1 0 TELEWAVE / ANT150F6 256.00 2.75 2.75 43.00 237 237 1 0 1 0 TELEWAVE / ANT450F10 244.00 2.75 2.75 41.00 237 237 1 0 1 0 TELEWAVE / ANT770F6 61.00 2.38 2.38 19.00 280 280 1 0 1 0 TELEWAVE / ANT150F6 256.00 2.75 2.75 43.00 280 280 1 0 1 0 TELEWAVE / ANT450F10 244.00 2.75 2.75 41.00 280 280 1 0 1 0 TELEWAVE / ANT770F6 61.00 2.38 2.38 19.00 Tower Mounted Equipment
There are currently no TMEs for this order.

Feedlines
MCL
(ft)
ACL
(ft)

TOTAL INSTALLED PROPOSED NOT

INSTALLED

MANUFACTURER / MODEL NOMINAL SIZE
(in)
NOMINAL O.D.
(in)
223 223 2 0 2 0 RFS/CELWAVE / E105 ELLIPTICAL 1.30
237 237 3 0 3 0 ANDREW / LDF5-50A 7/8 1.03
280 280 3 0 3 0 ANDREW / LDF5-50A 7/8 1.03
Frequencies

SVC TECHNOLOGY EIRP (WATTS) STANDARD FREQUENCY TRANSMIT FREQUENCY Other - With RF 150.00 460.000 - 460.000MHZ
Other - With RF 140.00 145.000 - 145.000MHZ
Other - With RF 100.00 700.000 - 700.000MHZ
Other - With RF 1659.00 11.000 - 11.000GHZ
All Receive frequencies are approved.

Cabinets
Number of Proposed Additional Cabinets
1 Lease Areas
Lease Area 8'0"x30'0" (240.00sq. ft.) - Proposed
Foundation Types
TYPE LENGTH WIDTH HEIGHT SQ. FT. STATUS
Building 8'0" 30'0" 240.00 Proposed
Power
Do you need Crown to supply Power?
No
Battery Backup Required?
No

















 






 





 
Equipment
Antennas

MANUFACTURER / MODEL ANTENNA

CENTERLINE
(ft)

AZIMUTH CUSTOMER

MOUNT CLASS
MOUNT

ORIENTATION
STATUS
TELEWAVE / ANT150F6 280 204 PLATFORM
MOUNT
Mid-Mount Proposed
TELEWAVE / ANT450F10 280 324 PLATFORM
MOUNT
Mid-Mount Proposed
TELEWAVE / ANT150F6 237 204 SIDE ARM
MOUNT
Mid-Mount Proposed
TELEWAVE / ANT450F10 237 324 SIDE ARM
MOUNT
Mid-Mount Proposed
RFS/CELWAVE / SC3-W100A 223 101 PIPE MOUNT Mid-Mount Proposed RFS/CELWAVE / SC3-W100A 223 132 PIPE MOUNT Mid-Mount Proposed TELEWAVE / ANT770F6 280 84 PLATFORM
MOUNT
Upright Proposed
TELEWAVE / ANT770F6 237 84 SIDE ARM
MOUNT
Mid-Mount Proposed
Tower Mounted Equipment
There are currently no TMEs for this order.

Feedlines

TYPE MANUFACTURER / MODEL NOMINAL SIZE
(in)

ATTACHED

CENTERLINE
(ft)
LENGTH
(ft)
IN CONDUIT? STATUS
COAX ANDREW / LDF5-50A 7/8 280 330 No Proposed
COAX ANDREW / LDF5-50A 7/8 280 330 No Proposed
COAX ANDREW / LDF5-50A 7/8 280 330 No Proposed
COAX ANDREW / LDF5-50A 7/8 237 287 No Proposed
COAX ANDREW / LDF5-50A 7/8 237 287 No Proposed
COAX ANDREW / LDF5-50A 7/8 237 287 No Proposed
ELLIPTICAL RFS/CELWAVE / E105 ELLIPTICAL 223 273 No Proposed ELLIPTICAL RFS/CELWAVE / E105 ELLIPTICAL 223 273 No Proposed NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA/EIA 222 standard and applicable local building permit codes and standards.

EME analysis shall be consistent with current revision of FCC/OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre-construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 2000i preferred). Because manufacturers may change equipment specifications (e.g., length, width, height, depth or weight) for a Model Number without changing the Model Number itself, the equipment specifications for such Model Number as identified herein shall be used to determine exactly which version of equipment with such Model Number is approved by Crown Castle herein. Crown Castle may include the suffix “CCIv” together with a number (indicating a version number) after a Model Number, which suffix is not part of the actual Model Number, but indicative of a known change to the equipment specifications applicable to such Model Number.

















 






 





 

CITY OF FRESNO
W
S
N
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CITY OF FRESNO
W
S
N
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CITY OF FRESNO
W
S
N
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Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 3

EXHIBIT C to Tower Site License Agreement

LOCATION AND DIMENSIONS (LENGTH, WIDTH, HEIGHT)

OF EQUIPMENT BUILDING/FLOOR SPACE

AND ANY OTHER GROUND-BASED INSTALLATION AT THE SITE

















 






 





 
















 






 





 
Customer Site Name: N/A Crown Site Name: NORTH FRESNO Customer Site Number: N/A JDE Business Unit: 845794
License Identifier: 782312

Prepared by: D. Thomas
Prepared on: 10/28/2021 4

EXHIBIT D to Tower Site License Agreement

PRIME LEASE OR DEED

















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
















 






 





 
Certificate Of Completion
Envelope Id: 9AD9B5C8F028433A91F743AF94F92662 Status: Completed Subject: BU-845794_PLIC-782312_App-584623_West_NORTH FRESNO_City Of Fresno California BusinessUnit: 845794
ApplicationId: 584623
Area: WTA
District: SFO
License: 782312
Source Envelope:

Document Pages: 69 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 Daniel Thomas at Crown Castle AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
2000 Corporate Drive
Canonsburg, PA 15317
[email protected]
IP Address: 64.213.130.241
Record Tracking
Status: Original
11/11/2021 5:11:29 PM
Holder: Daniel Thomas at Crown Castle
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jessica Dernosek
[email protected]
Manager, Contract Development
Crown Castle International Corp.

Signing Group: Crown Manager, Contract
Development
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.213.130.241
Sent: 11/16/2021 12:54:37 PM
Viewed: 11/16/2021 12:59:18 PM
Signed: 11/16/2021 12:59:42 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Bryon Horn
[email protected]
Security Level: Email, Account Authentication
(None)
Using IP Address: 198.200.238.254
Sent: 11/11/2021 5:20:41 PM
Viewed: 11/16/2021 12:54:04 PM
Completed: 11/16/2021 12:54:05 PM
Electronic Record and Signature Disclosure:

Accepted: 11/16/2021 12:54:04 PM
ID: e2be8979-88c5-4cd3-b490-f68ec3b1898d
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp







 





 
Carbon Copy Events Status Timestamp
Lauren Schwindt
[email protected]
General
Security Level: Email, Account Authentication
(None)
Sent: 11/11/2021 5:20:40 PM
Viewed: 11/16/2021 1:07:20 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Vertical Licensing
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/11/2021 5:20:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/11/2021 5:20:13 PM
Certified Delivered Security Checked 11/16/2021 12:59:18 PM Signing Complete Security Checked 11/16/2021 12:59:42 PM Completed Security Checked 11/16/2021 12:59:42 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure







 





 

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
In order to provide more efficient and faster service, Crown Castle (“we”, “us” or “company”) is pleased to announce the use of DocuSign, Inc. (“DocuSign”) electronic signing system. The terms for providing such documents for execution and various other documents and records to you electronically through DocuSign are set forth below.

Please read the information below carefully and if you can satisfactorily access this information electronically and agree to these terms, please confirm your agreement by clicking the “I agree” button at the bottom of this document.

Getting paper copies
At any time, you may request from us a paper copy of any document for execution or other document or record provided or made available electronically to you by us. You will be able to download and print documents we send to you through the DocuSign system during and immediately after each signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time thereafter. To request paper copies of documents previously provided by us to you electronically, send an e-mail to [email protected], requesting the subject paper copies and stating your e-mail address, name, US Postal address and telephone number.

Withdrawing your consent to receive and/or execute documents electronically If you elect to receive documents for execution and various other documents and records from us electronically, you may at any time change your mind and tell us that thereafter you want to receive such documents only in paper format. To withdraw your consent to electronic delivery and execution of documents, use the DocuSign 'Withdraw Consent' form on the signing page of a DocuSign envelope, instead of signing it. Thereafter, you will no longer be able to use the DocuSign system to electronically receive and execute documents or other records from us. You may also send an e-mail to [email protected] stating that you are withdrawing your consent to electronic delivery and execution of documents through the DocuSign system and stating your e-mail address, name, US Postal Address, and telephone number.

Consequences of withdrawing consent to receive and/or execute documents electronically If you elect to receive documents for execution and various other documents and other records only in paper format, it will slow the speed at which we can complete the subject transactions because of the increased delivery time.

Documents for execution, and other documents and records may be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we may provide documents for execution, and other documents and records electronically to you through the DocuSign system during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any document for execution or other document or record, we prefer to provide all documents for execution, and other documents and records by the same method and to the same address that you have given us. If you do not agree with this process, please let us know as described below.

How to contact Crown Castle
You may contact us to let us know of any changes related to contacting you electronically, to request paper copies of documents for execution and other documents and records from us, and to withdraw your prior consent to receive documents for execution and other documents and records electronically as follows:

To contact us by phone call: 724-416-2000
To contact us by email, send messages to: [email protected] To contact us by paper mail, send correspondence to
Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317

To advise Crown Castle and DocuSign of your new e-mail address To let us know of a change to the e-mail address where we should send documents for execution and other documents and records to you, you must send an email message to [email protected] and state your previous e-mail address and your new e-mail address.

In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system.

Required hardware and software
Browsers:

Internet Explorer® 11 (Windows only); Windows Edge Current Version; Mozilla Firefox Current Version; Safari™ (Mac OS only) 6.2 or above; Google Chrome Current Version; Note : Pre- release (e.g., beta) versions of operating systems and browsers are not supported.

Mobile Signing: Apple iOS 7.0 or above; Android 4.0 or above PDF Reader: Acrobat® Reader or similar software may be required to view and print PDF files Screen
Resolution: 1024 x 768




















 























 





 
Enabled
Security
Settings:

Allow per session cookies
These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive documents electronically Please confirm that you were able to access this disclosure electronically (which is similar to the manner in which we will deliver documents for execution and other documents and records) and that you were able to print this disclosure on paper or electronically save it for your future reference and access or that you were able to e-mail this disclosure to an address where you will be able to print it on paper or save it for your future reference and access. Further, if you consent to receiving documents for execution and other documents and records in electronic format on the terms described above, please let us know by clicking the “I agree” button below.

By checking the 'I agree' box, I confirm that:
x You can access and read this Electronic Record and Signature Disclosure; and x As a recipient, you can read, electronically sign and act upon this message, and you agree not to forward it or any other DocuSign e-mail communications. In the event another party needs to be added to the DocuSign communication, you must make a request to the e-mail originator.