Att#1 AT&T Smartlink Lease - Edwards Fire Station — City Council/Public Financing Authority, March 1, 2022

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SITE LICENSE AGREEMENT FOR INSTALLATION AND USE OF A

COMMUNICATIONS ANTENNA FACILITY

AND SUPPORTING EQUIPMENT BETWEEN

THE CITY OF HUNTINGTON BEACH AND NEW CINGULAR

WIRELESS PCS, LLC

THIS SITE LICENSE AGREEMENT FOR INSTALLATION AND USE OF A COMMUNICATIONS ANTENNA FACILITY AND SUPPORTING EQUIPMENT ("License") is made and entered into this of 2021 ("Effective Date"), by and between the City of Huntington Beach, a municipal corporation of the State of California ("CITY"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("AT&T"') (collectively, the "Parties," and individually, a "Party").

The Parties hereto agree as follows:

RECITALS
A. CITY owns the real property described in the attached Exhibit A and commonly known as the Edwards Fire Station located at 18591 Edwards Street, Huntington Beach, California, Assessor's Parcel Number 110-511-13, as more particularly described in Exhibit A, attached hereto (the "Property").

B. AT&T wishes to license a portion of the Property from CITY for the construction, installation and operation of a communications facility, subject to the terms and conditions stated in this License. CITY hereby agrees and consents to AT&T's construction, installation and placement of the Facilities (defined in Section 1.01(e) below) on the Property, as described in Exhibit E, attached hereto, subject to the terms and conditions set forth below.

C. The following Exhibits are attached and incorporated by reference into this License:

A. Legal Description of the Property
B. Site plan depicting Permanent Premises
C. Site plan depicting Conduit Easement Areas
D. Site plan depicting Access Easement Areas Premises
E. Site plan depicting AT&T Facilities and Specifications F. Performance Bond
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ARTICLE 1 - TERM OF LICENSE
Section 1.01 Premises and Use
(a) CITY hereby licenses to AT&T that portion of the Property described and depicted on the attached Exhibit B (the "Permanent Premises") for siting an antenna tower, and other equipment.

CITY also grants AT&T during the Lease Term of this License a non-exclusive easement under that certain portion of the Property to install, operate, maintain, repair and/or replace utility wires, cables, conduits and pipes under those portions of the Property depicted on the attached Exhibit C as the "Conduit Easement Areas" connecting the Permanent Premises with the nearest points of utility service to the Permanent Premises, all according to the plans and specifications approved in writing in advance by CITY, CITY's approval not to be unreasonably withheld, conditioned or delayed. Upon completion of AT&T's initial improvements in the Conduit Easement Areas, AT&T, at its sole cost and expense, shall provide CITY with as-built drawings of the utility wires, cable, conduits and pipes in the Conduit Easement Areas, which drawings shall thereafter define the Conduit Easement Areas. (c) CITY also grants AT&T during the Lease Term of this License the non-exclusive right of ingress to and egress from the Permanent Premises and the Conduit Easement Areas, as applicable, on foot or motor vehicle, including half ton or less trucks, over and across the portions of the Property depicted on the attached Exhibit D as the "Access Easement Areas." (d) The Permanent Premises, Conduit Easement Areas and the Access Easement Areas are collectively referred to herein as the "Premises." Except as otherwise expressly set forth in this License, AT&T hereby accepts the Premises in their current "AS IS" condition, without representation or warranty, express or implied, and subject to all matters of record. (e) "Facilities" means the equipment and structures that AT&T will install on the Premises, including antennas and microwave dishes, air conditioned equipment shelters and/or base station equipment, cable, wiring, power sources (including emergency backup batteries), related equipment and structures, walls and fencing, and an antenna support structure. The 2 of 32
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Facilities, including their overall dimensions and physical specifications are set forth in the attached Exhibit E.
(f) The right and permission of AT&T is subordinate to the prior and paramount right of CITY to use the Property in its entirety for public purposes to which now is and may, at the option of CITY, be devoted. AT&T undertakes and agrees to use the Premises and to exercise this License at all times in such manner as will not adversely interfere with the full use and enjoyment of the Property by CITY including emitting frequencies that may affect CITY public safety communications.
(g) AT&T acknowledges that its right to use the Property for the Facilities is subordinate to the prior and paramount right of third parties who have existing agreements with the City to use the Property for other telecommunications antennas which pre-date this License.

AT&T undertakes and agrees to use the Premises and to exercise this License at all times in such manner as will not interfere with the full use and enjoyment of the Property by these third parties, including emitting frequencies that may affect the telecommunications of these third parties, provided such third parties are operating within the terms of their respective leases, and in accordance with all applicable laws and regulations. (h) AT&T hereby acknowledges title to the Property is vested in CITY and agrees never to assail or resist the same, and further agrees that AT&T's use and occupancy of the Premises shall be referable solely to the permission herein given. (i) Except as otherwise permitted in this License, AT&T shall have no right to independently negotiate and/or physically collocate additional carriers on the Property.

Section 1.02 Condition Precedent
(a) This License is conditioned upon AT&T receiving a license, or already having a license, from the Federal Communications Commission ("FCC*"), and all other applicable governmental permits and approvals, including any conditions of approval thereto, enabling AT&T to construct and operate the Facilities.
(b) AT&T shall obtain all necessary governmental approvals for the Facilities required by law, including without limitation, compliance with all applicable CITY ordinances and regulations of general application now in effect or subsequently enacted, including, but not limited to those concerning land use, zoning and building, encroachment permits, and business 3 of 32
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licenses. AT&T acknowledges that the full execution of this License does not provide any assurance that it will obtain all necessary entitlement approvals from the CITY, or from other Federal, State and Local regulatory agencies.
(c) Provided (i) and (ii) in this subparagraph (c) are not inconsistent with or in violation of State or Federal law, AT&T agrees that the installation of the Facilities and any additions or new construction to the Premises may require (i) City Design Board approval; and (ii) City approval of a Wireless Permit and/or a Conditional Use Permit pursuant to Section 230.96 of the Huntington Beach Zoning and Subdivision Ordinance. (d) Prior written CITY approval is required for any additions or construction to the Facilities not depicted on Exhibits B, C, D and E which require a building permit. Further, prior CITY approval is required for any other additions or construction to the Facilities not depicted on Exhibits B, C, D & E, which approval shall not be unreasonably withheld, conditioned or delayed, provided that only notice to the City shall be required for like-for-like replacement of equipment of similar size and dimensions, and modifications or alterations to the Facilities that are not visible from the exterior. City shall not unreasonably withhold, condition or delay the foregoing approvals.

Section 1.03 Term
(a) The initial term of this License for the Premises ("Initial Term") shall be ten (10) years commencing on the earlier of (i) the first day of the month following written notice to CITY by AT&T of its intent to commence installation of the Facilities on the Premises, or (ii) the first day of the month following the ninety (90) days after the date written in the first paragraph of this License ("Commencement Date").
(b) This License will automatically renew for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as a "Renewal Term"), upon the same terms and conditions set forth herein, unless either Party notifies the other Party in writing of its intention not to renew this License at least One Hundred Eighty (180) days prior to the expiration of the Initial Term or the then-existing Renewal Term.
(c) Each Renewal Term shall be on the same terms and conditions set forth herein. (d) "Lease Term" shall mean the Initial Term, and any Renewal Terms, and any month-to-month tenancy pursuant to Section 1.04(d) below. 4 of 32
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Section 1.04 License Fee
(a) Upon the Commencement Date, and on the first day of each month thereafter during the Lease Term ("Payment Date"), AT&T shall pay CITY a monthly license fee of Three Thousand Five Hundred Dollars ($3,500.00) ("License Fee") adjusted in accordance with the paragraphs below.
(b) The License Fee shall be payable on the first day of each month. The License Fee is due on or before the 10th day of the month. A late charge of ten percent (10%) shall be applied after any payment is due but unpaid before the 10#h of the month. In addition, one and a half percent (1 ½%) interest per month shall be added for each month payment hereunder is due but unpaid.
(c) CITY and AT&T agree that the License Fee shall increase by three percent (3%) per year, effective the first day of the month following the Commencement Date. As a result, the License Fee shall increase as follows during the Initial Term and first Renewal Term of the License:

INITIAL TERM LICENSE FEE
Year 1 $3,500.00 per month
Year 2 $3,605.00 per month
Year 3 $3,713.00 per month
Year 4 $3,825.00 per month
Year 5 $3,939.00 per month
Year 6 $4,057.00 per month
Year 7 $4,179.00 per month
Year 8 $4,305.00 per month
Year 9 $4,434.00 per month
Year 10 $4,567.00 per month

FIRST RENEWAL TERM LICENSE FEE
Year 1 $4,704.00 per month
Year 2 $4,845.00 per month
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Year 3 $4,990.00 per month
Year 4 $5,140.00 per month
Year 5 $5,294.00 per month
(d) Any holding over after the expiration of the Lease Term and following notice from CITY of its intent not to renew or extend the Lease Term of this License shall be construed to be an extension from month to month at 1 ½ times (150%) the then current License Fee and shall otherwise be on the conditions herein specified, so far as applicable.

Section 1.05 Payment Location.

AT&T shall make all monthly License Fee payments and any other fees or amounts due under this License payable to the CITY of Huntington Beach as follows:

Huntington Beach CITY Hall,
Attn: City Treasurer,
2000 Main Street, Huntington Beach CA, 92648.

CITY may designate in writing such other address or to such other persons as CITY may from time to time designate in writing at least thirty (30) days prior to any monthly License Fee payment due date.

Section 1.06 Late Payment.

Liquidated damages of five percent (5%) of any monthly License Fee or any other required payment to CITY shall be paid by AT&T if such payment is not paid to CITY on or before the tenth (10th) day after the date on which it is due. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs CITY will incur by reason of a late payment by AT&T. Acceptance of the late charge by CITY shall not constitute a waiver of AT&T's default with respect to the overdue amount, nor prevent CITY from exercising any of the other rights and remedies available to CITY.

Section 1.07 Administrative Fee
Within not later than forty-five (45) days after City Council approval of this License, AT&T shall pay CITY the sum of Forty Five Thousand Dollars ($45,000) for the purpose of offsetting costs to CITY in negotiating and administering this License, and not as additional rent (the "Administrative Fee").
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Section 1.08 Non-Possessory Interest
AT&T shall hold title to the Facilities. The Facilities are not fixtures. CITY retains full possession of the Property and Premises and AT&T will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this License. AT&T will make no claim to any such interest. Any violation of this provision will immediately void and terminate this License.

Section 1.09 Removal of Facilities at End of Lease Term AT&T shall remove the Facilities at its sole cost and expense on or before the end of the Lease Term or within ninety (90) days after the earlier termination of this License. AT&T shall remove the Facilities in a skillful and careful manner and without interference or damage to any other equipment or structures on the Property and the Premises, including CITY's use of the Property, or any of the equipment or structures of CITY's assignees or lessees. AT&T shall repair any damage to the Property caused by such removal and will leave the Property in satisfactory condition as accepted in writing by CITY within ten (10) business days from AT&T vacating the Property and Premises.

Section 1.10 Non-Recording
AT&T will not record this License.

ARTICLE 2 - TAXES AND UTILITIES
Section 2.01 Taxes
AT&T shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any government entity, including CITY, on the Facilities. If such taxes are not assessed separately to AT&T, CITY shall provide AT&T with evidence, reasonably acceptable to AT&T, of such tax assessment and the amount due, which is attributable to the Facilities and AT&T's use thereof on the Premises.

Section 2.02 Utilities
(a) During the Lease Term of this License, AT&T shall pay for, and hold CITY free and harmless from, all utilities furnished to the Premises for the use, operation and maintenance of the Facilities and for the removal of garbage and rubbish from the Premises. 7 of 32
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(b) AT&T shall have the right to install utilities and to improve the present utilities on or near the Premises and to install temporary aboveground emergency back-up power, all at AT&T's sole cost and expense. Subject to CITY's prior written approval within thirty (30) days from AT&T's request of the locations, which approval will not be unreasonably withheld, conditioned or delayed, AT&T shall have the right to place utilities on the Premises.

ARTICLE 3 - USE, APPROVALS, IMPROVEMENTS AND ACCESS
Section 3.01 AT&T's Facilities
(a) AT&T may use the Premises for its Facilities. AT&T may use the Conduit Easement Areas for underground utility connections to the Facilities. Subject to CITY's reasonable rules, which rules CITY shall provide to AT&T in advance in writing, provided same are subject to, and not inconsistent with, the terms and conditions of this License, AT& T may use the Access Easement Areas for reasonable physical access to the Facilities by AT&T's personnel, vehicles and equipment, and AT&T's personnel may park vehicles on CITY's Property as necessary and consistent with the authorized use of the Premises under this License. (b) AT&T shall use the Premises only for the purpose of constructing, maintaining and operating the Facilities, and for no other use.
(c) Any noise generated by the Facilities must conform to the noise standards set forth in the Huntington Beach Municipal Code.
(d) Prior CITY approval is required for any additions or construction to the Facilities not depicted on Exhibits B, C, D & E, which approval shall not be unreasonably withheld, conditioned or delayed, provided that only notice to the City shall be required for like-for-like replacement of equipment of similar size and dimensions, and, modifications or alterations to the Facilities that are not visible from the exterior.
(e) AT&T shall have the right to install the improvements described on Exhibit E at AT&T's sole cost and expense.
(f) AT&T shall not use aboveground or overhead utility wires, cables, conduits or pipes to connect utilities across the Property to the Premises. (g) Any and all antennas, antenna support structure, and any portions of the Facilities visible from any public place, shall be of a "stealth" design utilizing natural colors, approved in 8 of 32
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writing, in advance, by CITY. Any approved stealth design shall include use of material colorings providing not less than twenty (20) years of natural color fast quality. To ensure compliance with this requirement, at least once every five (5) years, CITY may require AT&T to repaint or otherwise re-color the antennas, supporting structure, and any portions of the Facilities from any public place, so as to match the original colors), and to replace or repair any stealthing material that is missing, discolored, or otherwise in poor maintenance to its original quantity and quality.
(h) Subject to AT&T's rights under this License, CITY reserves the right to add additional City-owned telecommunication or other equipment on the Property as CITY may require for its own purposes.
(i) CITY reserves the right to enter into additional agreements with any third party to install and operate additional telecommunication equipment on the Property so long as the equipment does not interfere with the Facilities. CITY reserves the exclusive right to negotiate and collect all rents, license fees or any other payments from any arrangements it enters into with such third party.
(j) During the installation of the Facilities, AT&T shall cooperate with CITY's representatives, which may monitor the installation of the Facilities, at CITY's sole cost and expense.
(k) All of AT&T's construction/installation work shall be performed at AT&T's sole cost and expense and completed in a good and workmanlike manner by licensed and bonded contractors and shall not materially interfere with CITY's then existing facilities and operations.

Any and all modifications to the Property must meet all applicable structural engineering, building and safety standards for this type of public facility. (1) If AT&T fails to timely remove its Facilities or repair any damages to the Premises, then ten (10) days after the removal and restoration date, CITY may elect to do so at AT&T's sole cost and expense or elect to not remove the Facilities. AT&T's obligation to pay the License Fee shall not cease, unless and until all the Facilities that AT&T must remove, are removed.
(m) AT&T shall be required to provide for its own electrical service to and through the Property to the Premises for the operation of its Facilities at AT&T's sole cost and expense. 9 of 32
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Any encroachment necessary for such utility service will be at a location reasonably acceptable to CITY and the servicing utility.

Each Party shall provide access to the Premises to the other Party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week or as designated in permit approvals. Except in the case of emergencies, CITY shall give AT&T forty-eight (48) hours notice prior to entry into the Premises, provided CITY gives AT&T an opportunity to have its representative present, and CITY does not physically touch or interfere with AT&T's Facilities. CITY represents and warrants that it has full rights of ingress and egress to and from the Premises, and hereby grants such rights to AT&T to the extent required to construct, maintain, install, and operate the Facilities on the Premises. AT&T's exercise of such rights shall not cause undue material inconvenience to CITY. (o) AT&T shall, at its sole cost and expense, maintain and repair the Premises, including, but not limited to, the removal of all trash, debris and graffiti. CITY may exercise its right to self-help and bill AT&T in the event trash, debris and graffiti are not removed in a timely manner. If AT&T causes any damage to the Property, to the Premises, or to access roadways or other nearby facilities, it shall properly repair same as specified by CITY. (9) Section 3.02 Liens
AT&T shall not permit any mechanics or materialman's lien, or other liens, or stop notices, to stand against the Premises and/or Property by reason of any use or occupancy by AT&T, or any person claiming under AT&T. If AT&T desires to contest or withhold any payment which would lead to the placement of any such liens or stop notices, or contest any such lien, or stop notice, then prior to commencing such contest and withholding, AT&T shall furnish CITY with a bond to secure the payment of such obligation and obtain CITY's prior written approval of the bond, which approval CITY shall not unreasonably delay, deny or condition. 10 of 32
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Section 3.03 Performance Bond [Letter of Credit]
(a) Prior to the commencement of any construction on the Premises, AT&T shall pay for and provide the CITY with a performance bond, in substantially the form attached hereto as Exhibit F, and naming CITY as obligee in an amount equal to $75,000 to guarantee and assure AT&T's faithful performance of AT&T's obligations under this License, including without limitation, removal obligations and payment of the monthly License Fee (the "Performance Bond"). The amount of the Performance Bond shall be increased by the percentage of increase in the Los Angeles-Anaheim-Riverside All Urban Consumer Price Index (CPI) or any relevant successor for the Orange County area, for the preceding five (5) year Initial Term or applicable Renewal Term, as the case may be, provided that the minimum increase shall be at least ten percent (10%) and the maximum increase shall not exceed fifteen percent (15%). (b) CITY shall have the right to draw on the Performance Bond in the event of default by AT&T or in the event AT&T fails to meet and fully perform any of its obligations under this License.
(c) AT&T shall deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to its original amount within forty-five (45) days after receipt of notice from the CITY that any amount has been recovered from the Performance Bond. Failure to restore the Performance Bond to its full amount within the required forty-five (45) days will constitute a breach of a material condition of this License. (d) The Performance Bond shall remain in effect until this License has been terminated and AT&T has removed the Facilities and otherwise complied with all removal and restoration requirements set forth in this License.

ARTICLE 4 - INTERFERENCE
Section 4.01 Interference
(a) AT&T shall operate the Facilities so as not to cause signal interference to CITY's previously installed communication equipment or the communications equipment of other previously authorized users of the Property whose equipment was installed prior to AT&T's equipment installation. AT&T's operations shall not interfere with any of CITY's communications operations on a citywide basis, either current or future nor with any third party's communications operations, provided that the third party's communications operations were 11 of 32
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installed prior to the installation of AT&T's Facilities. In the event such signal interference in violation of this Section 4.01 should occur, AT&T shall bear all costs to remedy the interference.

All communication systems operations, operating in the same manner as of the time of installation of the Facilities shall not be deemed interference to AT&T. All operations by AT&T shall be lawful and in compliance with all applicable laws, including all applicable Federal Communications Commission requirements.
(b) Upon CITY's request, AT&T shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source.
(c) Subsequent to the installation of the Facilities, CITY shall not permit use of the Property in a manner which interferes with the communication operations of AT&T. In the event CITY determines that a third party's operations contained within the Property do not interfere with AT&T's communications operations, and AT&T is still experiencing interference, AT&T shall have the right to hire, at AT&T's sole cost and expense, a non-affiliated, third-party consultant that is an expert in radio frequency interference issues ("Expert"') to determine the source of such interference. The Expert shall determine the source of such interference, and will recommend in writing an appropriate course of action to eliminate the interference with the Facilities. If the Expert determines that a third party's operations interfere with AT&T's communications operations, AT&T shall provide CITY with the Expert's written recommendation, and CITY shall enforce the provisions of this Section, and mandate the elimination of the third-party's interference which is contained within the CITY's Property. (d) Prior to the installation of the Facilities, and prior to any modification thereto, CITY and AT&T shall notify each other and any other pre-existing communications licensees or tenants on the Property thirty (30) days prior to the use or installation of any new equipment on the Property, which may interfere with the facilities of other tenants, AT&T's Facilities, or CITY's facilities or its equipment, or the facilities or equipment of any other AT&T assignee or sublessee of CITY, as the case may be. Within ten (10) business days from AT&T's notification to CITY, CITY will forward AT&T contact information to any existing communications tenants or licensees, assignee or sublessee of CITY.
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(e) If AT&T or CITY breaches its obligations under this Article 4, the Party breaching its obligations, upon receiving written notice from the other Party of any such breach, shall take all steps necessary to correct and eliminate such interference. If AT&T breaches its obligation, AT&T shall without limitation modify its equipment and/or antennas or remove its equipment and/or antennas from any facilities or towers. (f) AT&T agrees that under no circumstances will the Facilities interfere in any way or manner with the use or operation of Federal, State and local, including CITY, police and fire department radio equipment, including but not limited to the 800 Megahertz radio system. If CITY determines in its reasonable discretion that AT&T has interfered with the operation of the police and fire department's radio equipment, and AT&T cannot cure said interference within the time provided in paragraph (e), CITY, without liability to AT&T, shall have the right to take whatever steps are necessary to temporarily cease and shut down the Facilities. If reasonably possible, CITY shall endeavor to give prior notice to AT&T of any impending shut down but CITY shall not be obligated to do so.
(g) AT&T shall maintain radio-frequency radiation within the levels allowed by Federal Regulations stated in Section 1.1310 of CFR 47 and OET Bulletin 65. Any area casually accessible by the general public or by any worker at ground level shall be maintained below limits stated for General Population/Uncontrolled Exposure. AT&T shall report to CITY any areas discovered by AT&T to exceed such federally mandated limits. (h) CITY may require AT&T to shut down the Facilities to allow for safe working conditions for CITY employees, agents and contractors on the Property, provided that CITY uses reasonable efforts to ensure that the shutdowns do not occur during peak hours of operation. Any areas on the property where persons may be subjected to radiation levels that exceed the General Population/Uncontrolled limits must be clearly identified as required by CAL-OSHA. AT&T shall provide CITY with written shutdown procedures, contact names, and telephone numbers.

ARTICLE 5 - INDEMNITY AND INSURANCE
Section 5.01 Indemnification, Defense, Hold Harmless
AT&T hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, 13 of 32
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judgments, costs and demands, however caused, including those resulting from death or injury to AT&T's employees and damage to AT&T's property, arising directly or indirectly from AT&T's use of the Premises, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. AT&T will defend the City at AT&T's sole cost and expense.

Section 5.02 Insurance
(a) AT&T shall at all times during the Lease Term carry, maintain, and keep in full force and effect, insurance as follows:
(i) General Liability. A policy or policies of Commercial General Liability Insurance with limits of Three Million Dollars ($3,000,000) per occurrence for bodily injury and property damage and Five Million Dollars ($5,000,000) general aggregate in or about the Property by reason of the use and occupancy by AT&T of the Premises. Not more frequently than once each three years and upon 60 days written notice to AT&T, if, in the opinion of the insurance broker or consultant retained by CITY, the amount of commercial general liability insurance coverage at that time is not adequate, AT&T shall increase the insurance coverage as required by CITY's insurance broker or consultant. (11) Automobile Liability. A policy of Commercial Automobile Liability Insurance covering all owned, non-owned and hired vehicles, with a combined single limit of $1,000,000 each accident for bodily injury and property damage. (lii) Workers' Compensation and Employer's Liability. Workers' compensation limits as required by the Labor Code of the state of operation, and Employer's Liability limits of $1,000,000 each accident/disease/policy limit. (iv) Property and Fire. AT&T shall, at its sole cost and expense, obtain and at all times during the term hereof maintain in effect, insurance covering: (a) the Property, Facilities and Premises made by or on behalf of AT&T, at AT&T's expense under this License; (b) fixtures, furnishings, and equipment located on the Premises; and (c) all alterations, additions, and changes made in or to the Premises during the term of this Lease at AT&T's expense, providing protection to the extent of not less than the insurable value of all such items against any peril included under insurance industry 14 of 32
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practices in the jurisdiction of the Premises within the classification "fire and extended coverage," together with insurance against vandalism, malicious mischief, and sprinkler leakage or other sprinkler damage. AT&T hereby waives and releases any and all rights of action for negligence against the CITY which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the CITY, and such policies of insurance shall contain an appropriate provision recognizing this release by AT&T.
(v) The property and fire policies shall also contain the following:
a. The insurer will not cancel or reduce the insured's
coverage without thirty (30) days prior written notice to CITY; b. A complete and signed certificate of insurance
required by this Section shall be filed with CITY prior to the execution of this License. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with CITY.

Section 5.03 Other Insurance Provisions
(a) Prior to the execution of this License, AT&T shall furnish to CITY certificates of insurance and required insurance endorsements for Commercial General Liability, Automobile Liability Coverage, and Property and Fire policies, subject to approval of the City Attorney, evidencing the following insurance coverages and endorsed to contain, the following provisions:
(i) The City of Huntington Beach, its elected and appointed officials, employees, agents, and volunteers shall be included as an additional insureds by endorsement with respect to this Agreement.
(ii) AT&T's insurance coverage shall be primary insurance as respects CITY, its elected and appointed officials, employees, agents, and volunteers. (b) Worker's Compensation and Employers Liability Coverage. The 15 of 32
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insurer shall agree to waive all rights of subrogation against the CITY, CITY's elected and appointed City Council members, boards, commissions, officers, officials and employees for losses arising from work performed by AT&T on the Premises and Property
(c) All Coverages. Upon receipt of notice from its insurer(s), AT&T shall provide the CITY with thirty (30) days' prior written notice of cancellation of any required coverage that is not replaced
(d) Verification of Coverage. At all times during the term of this License and prior to taking possession of the Premises, AT&T shall furnish the CITY with certificates of insurance and blanket additional insured endorsements effecting coverage required by this Section 5. All certificates and applicable endorsements are to be received and reasonably approved by the CITY before work commences.

NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY CONTAINED IN

THIS LICENSE, AT&T SHALL NOT HAVE THE RIGHT TO TAKE POSSESSION OF THE

PREMISES UNTIL SUCH CERTIFICATE OR CERTIFICATES ARE FILED WITH THE CITY CLERK OF CITY.
(e) Indemnification Not Limited. Any insurance required to be obtained and maintained by AT&T under this License shall not limit in any way AT&T's indemnification obligations under Section 5.01.
(f) CITY will not be responsible for premiums or assessments on any of AT&T's policies.

Section 5.04 Property Insurance
Before entering the Premises, AT&T shall provide property insurance with extended coverage endorsements thereon, on the Premises in an amount equal to the full replacement cost thereof; this policy shall be on a replacement cost basis and shall not contain a coinsurance penalty provision. In the event of loss, the policy proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to CITY. The proceeds of any such insurance payable to CITY shall be used for rebuilding or repair as 16 of 32
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necessary to restore the Premises and at the sole discretion of CITY. The policy shall name CITY as an Additional Insured.

Section 5.05 Insurance Proceeds
Any insurance proceeds received by CITY because of the total or partial destruction of said Premises or any buildings on said Premises shall be the sole property of CITY.

Section 5.06 Insurance Hazards
AT&T shall not commit or permit the commission of any acts on the Property or Premises nor use or permit the use of either in any manner that will increase the existing rates for or cause the cancellation of any property, liability or other insurance policy insuring the Property, or the Premises. AT&T shall, at its sole cost and expense, comply with any and all requirements of insurance carriers necessary for the continued maintenance at reasonable rates of property, liability and other insurance policies on the Property, the Premises and the improvements thereon.

ARTICLE 6 - TERMINATION AND DEFAULT
Section 6.01 Termination in the Event of Casualty or Condemnation In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in CITY's and AT&T's judgment, AT&T shall have the right, but not the obligation, to terminate the License with respect to the Premises by giving written notice to CITY within thirty (30) days after such damage, destruction or condemnation, if by virtue of such damage, destruction or condemnation, CITY and AT&T jointly determine that the Premises are no longer adequate for AT&T to continue its operations. (b) In the event of condemnation, unless AT&T is allowed by the condemning authority to continue its operations on the Premises, the License shall terminate as of the date title to the Property and/or Premises vests in the condemning authority or AT&T is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, AT&T's entitlement to any award or payments, if any, shall be limited to relocation benefits afforded to AT&T pursuant to State or Federal eminent domain / condemnation laws, and any and all other awards, payments and benefits shall be paid to CITY. 17 of 32
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Section 6.02 Termination
(a) This License may be terminated on thirty (30) days prior written notice as follows: (1) by either Party upon a default of any covenant or term, material or otherwise, hereof by the other Party, which default is not cured within thirty (30) days of receipt of written notice of the default, provided however, if the nature of the cure requires more than thirty (30) days then no such default will be deemed to exist if AT&T has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence; (2) by either Party upon a monetary default within thirty (30) days from receipt of notice, or (3) by AT&T if AT&T is unable to occupy and utilize the Premises due to any action of the Federal Communications Commission, including without limitation, a take back of channels or change in frequencies.
(b) Upon one year prior written notice, AT&T shall have the right to terminate the License by paying CITY the sum of twelve (12) months' License Fees ("Buyout Payment"). The License shall terminate at the end of the one year notice, CITY receipt of the Buyout Payment, and AT&T returning the Premises to its original condition pursuant to Section 1.09, and otherwise faithfully performing all terms and conditions as stated herein prior to termination.

Section 6.03 Relocation and Assistance
Except as expressly provided in this License, in the event this License is terminated, AT&T shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under city, state or federal relocation assistance plans.

ARTICLE 7 - ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 7.01 Permitted Assignment
AT&T may assign this License to any wholly-owned affiliate of AT&T or AT&T's parent, provided such affiliate has a net worth (after debt) of at least Two Hundred Fifty Million Dollars ($250,000,000), or to AT&T's parent, with at least sixty (60) days written notice to CITY. Any other assignment, sublease, collocation or transfer of AT&T's rights pursuant to this License requires CITY's prior written consent, which will not be unreasonably withheld, conditioned or delayed. Except as provided above, this License is personal to AT&T, and AT&T will not assign, transfer sublease or sell this License or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 18 of 32
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Section 7.02 Default and Abandonment by AT&T
Should AT&T breach this License beyond any applicable notice and cure period and abandon the Premises prior to the expiration of the Lease Term, CITY may:
(a) Continue this License in effect by not terminating AT&T's right to the Premises, in which event CITY shall be entitled to enforce all its rights and remedies under this License, including the right to recover the rent/consideration specified in this License as it becomes due under this License; or
(b) Terminate this License and recover from AT&T:
(i) 1. The worth at the time of award of the unpaid rent which has been earned at the time of termination of the License, and
(ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of the License until the time of award exceeds the amount of rental loss that AT&T proves could have been reasonably avoided; and
(iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the then current term of this License after the time of award exceeds the amount of rental loss that AT&T proves could be reasonably avoided; and (IV) Any other reasonable amount necessary to compensate CITY for all detriment proximately caused by AT&T's failure to perform its obligations under this License.

Section 7.03 Insolvency of AT&T
The insolvency of AT&T as evidenced by a receiver being appointed to take possession of all or substantially all of the property of AT&T, or the making of a general assignment for the benefit of creditors by AT&T, or the filing of a petition in bankruptcy by AT&T shall terminate this License and entitle CITY to re-enter and regain possession of the Premises.

Section 7.04 Cumulative Remedies
The remedies given to the Parties in this License shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this License.

Section 7.05 Waiver of Breach
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The waiver by a Party of any breach of any of the provisions of this License shall not constitute a continuing waiver or a waiver of any subsequent breach by the other Party of the same or another provision of this License.

ARTICLE 8 - QUIET ENJOYMENT
Section 8.01 Quiet Enjoyment
CITY warrants that: (1) CITY owns the Property in fee simple and has rights of access thereto; (2) CITY has full rights to make this License; and (3) CITY covenants and agrees with AT&T that upon AT&T paying the License Fee and observing and performing all the terms, covenants and conditions on AT&T's part to be observed and performed, AT&T may peacefully and quietly enjoy the Premises; subject, nevertheless, to the terms and conditions of this License.

ARTICLE 9 - HAZARDOUS MATERIALS
Section 9.01 Hazardous Materials
AT&T represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance. AT&T further agrees to clean-up and remediate any hazardous substance released by AT&T on the Premises and Property, and hold CITY harmless from and indemnify CITY against any such release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release caused by AT&T including all attorneys' fees, costs and penalties incurred as a result thereof, except any release caused by the negligence or acts or omissions of CITY, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease.
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ARTICLE 10 - MISCELLANEOUS
Section 10.01 Force Majeure - Unavoidable Delays
Should the performance of any act required by this License to be performed by either CITY or AT&T be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the License Fee by AT&T as required by this License or the performance of any act rendered difficult solely because of the financial condition of the Party, CITY or AT&T, required to perform the act.

Section 10.02 Notice
Any written notice or required submittals, given under the terms of this License, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the Party concerned as follows:

TO AT&T:

New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CLU3528; Cell Site Name: Edwards Fire Station (CA) Fixed Asset #: 13014392
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, Georgia 30319
With a copy to:

New Cingular Wireless PCS, LLC
Attn.: Legal Dept - Network Operations
Re: Cell Site #: CLU3528; Cell Site Name: Edwards Fire Station (CA) Fixed Asset #: 13014392
208 S. Akard Street
Dallas, TX 75202-4206
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TO CITY:

Huntington Beach
City Manager
2000 Main Street
Huntington Beach, CA 92648
CITY or AT&T may from time to time designate any other address for this purpose by written notice to the other Party.

Section 10.03 Contract Administrator
The City Manager, or his designee, shall be CITY's Contract Administrator for this License and all approval and notices required to be given herein shall be so directed and addressed.

Section 10.04 Compliance with Laws
AT&T shall, at AT&T's sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state and county and municipal, relating to AT&T's use and occupancy of the Premises and the Facilities, whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted.

AT&T shall, at AT&T's sole cost and expense, obtain all permits and other governmental approvals required in connection with AT&T's activities hereunder.

Section 10.05 Binding on Heirs and Successors
This License shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. The provisions of this Section shall not be deemed a waiver of any of the conditions against assignment set forth herein.

Section 10.06 Interpretation of this License
The language of all parts of this License shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties. If any provision of this License is held by a court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this License. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this License, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. 22 of 32
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Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the Parties have no right to contract, then the latter shall prevail, and the provision of this License which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.

Section 10.07 Waste or Nuisance
AT&T shall not commit or permit the commission by others of any waste on the Premises. AT&T shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and AT&T shall not use or permit the use of the Premises for any unlawful purpose.

Section 10.08 Repairs
AT&T shall not be required to make any repairs to the Premises, except for damages to the Premises caused by AT&T, its employees, agents, contractors, and subcontractors.

Section 10.09 Time of Essence
Time is expressly declared to be the essence of this License.

Section 10.10 Governing Law
This License shall be governed under the laws of the State of California, and any and all actions initiated under this License shall be brought solely and exclusively in a court of competent jurisdiction in the County of Orange, State of California, and no other court.

Section 10.11 Survival
Terms and conditions of this License, which by their sense and context survive the termination, or expiration of this License, shall so survive.

Section 10.12 Public Necessity
CITY may suspend this License without liability to AT&T when public necessity so requires, or suspend operation immediately hereunder, without any advance notice and without any liability to AT&T, in the event of public emergency, as may be determined by State or City Law. Such suspension will terminate when the public necessity or emergency no longer exists.
23 of 32
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Section 10.13 Conflict of Interest
AT&T warrants and covenants that no official or employee of CITY nor any business entity in which an official or employee of CITY is interested (1) has been employed or retained to solicit or aid in the procuring of this License; or (2) will be employed in the performance of this License without the immediate divulgence of such fact to CITY. For breaches or violations of this Section, CITY shall have the right to annul this License without liability.

Section 10.14 Attorney's Fees
In the event suit is brought by either Party to enforce the terms and provisions of this License or to secure the performance hereof, each Party shall bear its own attorney's fees.

Section 10.15 Captions
Captions used in this License are for ease of reference only and shall not affect the construction or interpretation of this License.

Section 10.16 Duplicate Original
The original of this License and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any Party who has signed it.

Section 10.17 Sole and Only License
This License constitutes the entire agreement and understanding between CITY and AT&T respecting the Premises, the licensing of the Premises to AT&T, or the Lease Term herein specified, and correctly sets forth the obligations of CITY and AT&T to each other as of its date.

Any agreements or representations respecting the Premises or their licensing between the Parties not expressly set forth in this instrument are null and void. This License or any part of it may not be changed, altered, modified, limited or extended orally or by any agreement between the Parties, unless such agreement is expressed in writing, signed and acknowledged by CITY and AT&T, or their successors in interest.
24 of 32
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IN WITNESS WHEREOF, the Parties hereto have caused this License to be executed by and through their authorized officers the day, month and year first written above.

LICENSEE LICENSOR:

New Cingular Wireless PCS, LLC, a CITY OF HUNTINGTON BEACH, a municipal Delaware limited liability company corporation of the State of California By: AT&T Mobility Corporation
Its: Manager
By: Mayor
Date:_
Print name
Date:

ITS: Robin Estanislau, City Clerk
By:

REVIEWED AND APPROVED:

City Manager, Oliver Chi

APPROVED-AS TORORA
Michael E. Gates, City Attorney

NITIATED AND APPROVE
Scan Crumby, Director of Public Works
19-7310/260514

DO NOT RECORD
IN WITNESS WHEREOF, the Parties hereto have caused this License to be executed by and through their authorized officers the day, month and year first written above.

LICENSEE LICENSOR:

Print name Misty Snowden
Date: 10/18/2021
ITS: Robin Estanislau, City Clerk
By:_
REVIEWED AND APPROVED:

City Manager, Oliver Chi
APPROVED AS TO FORM:

Michael E. Gates, City Attorney
INITIATED AND APPROVED:

Sean Crumby, Director of Public Works
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Drange
on Detober 1, 2o2 before me, Joyce Story - Notary Public (insert name and title of the officer)
personally appeared Misty pose
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

JOYCE STORY
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2313377
My Comm. Expires Nov 22, 2023
(Seal)
sonne papa Story

State of California
County of
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

DO NOT RECORD

EXHIBIT A
Legal Description of the Property

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THE EAST 565.00 FEET OF PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 42, PAGES 25 OF

PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID EAST 565.00 FEET BEING MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF EDWARDS STREET, AS SHOWN ON SAID PARCEL MAP.

APN: 110-511-13
26 of 32
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EXHIBIT B
Description of Permanent Premises
(See attached drawings)
27 of 32
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AT&T
TUSTRA CALFCRNM S28D
smartlink
1 Lason vr 7 LaNO U ]
AT:(t) 33761275
-PROPORTY LNE.

CASA

SECTOR 'C'
-PAOERY LNC PROPORTY UNE
ОС ЖАТОЯ ТАНК
HeSTL,
PROPOY LINC Lag monG y
[nONEO L0 ]
(0) UTUTY POLE-
_OVERLOOK DRIVE
10 1790 КАО 3
- C HA PDE, LIO MEHONK 1
CLL03528
SECTOR 'B' SECTOR "A' EDWARDS FIRE STATION
120° 18591 EDWARDS STREET
240° HUNTINGTON BEACH, CA 92648

MONOPINE (OUTDOOR)
CRAWN BY: CHECKED BY:

SHES TT

SITE PLAN

SHEET NUMBER-
A-1

SITE PLAN

DO NOT RECORD

EXHIBIT C
Description of Conduit Easement Areas
(See attached drawings)
28 of 32
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SAY DATE
LEGEND
at&t
900q°
WavEs ST
VESLCOK DR · wet aryan
110 E SUTHS A TSURE, AL 85282
ELLIS AVENUE. и (450) <00-2072
APN: 110-017-30 AFN: 116-017-28- APN: 110-017-31 APN: 110-51-08 600.79 ASA - -
SANTA FE SPRINOS, CAUFORNDA 93GT0

OUTLITY EASEMENT T
AD%: 110-511-13 OR PARKI PARCEL

LEASE AREA LEGAL DESCRIPTION L ROAD EASEMENT
09/14/10
" PIPEUNE CASEVENT 07/10/19 ACD DESIEK
07/01/19
OF PARENT PARCEL EDWARDS STREET 04/21/19

BUNTINCTON BEACE
WT 3
Y PEUNE EASENENT 9

SEE DETAIL
CHEET: C 9
APM: 110-511-01 ACCESS EASEMENT T
CONTAING 812 SQUARE FEET (0,018 ACRES) MORE OR LESS.

LOSER EASON
50016*30"

UALTY EASEMENT -

OVERLOOK DRIVE
APN: 110-512-74 CLL03528

EDWARDS FIRE STATION
18591 EDWARDS STREET

HUNTINGTON BEACH
CA 92648

SHEET TTLE

SITE SURVEY

GRAPHIC SCALE GARFIELD AVENUE SHEET NUMBER
LS.1
at&t
APN: 110-511-13
110 E SOME ANE SUE, R 83282
PH. (480) 659-4072
NOT LOTE $ AND S ARE NOT A SURVEY MATTER AND ARE
CASA
9926 PIONEER SAVO, 2130

ANTA RE SPRINGS CALICORA WARN
Ele
AT NEA
CLL03528

EDWARDS FIRE STATION
18591 EDWARDS STREET

HUNTINGTON BEACH
CA 92648

SHEET TITLE

SITE SURVEY

GRAPHIC SCALS

SHEET NUMBER
LS-2

DO NOT RECORD

EXHIBIT D
Description of Access Easement Areas Premises
(See attached drawings)
29 of 32
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08/17201841
LEGEND
at&t
• POOR CONGRATIS

A POT RAVATION

GRID-TO-GROUND SCALE FACTOR NOTE

XIGINES HAP

APPEARS TO BE LOCATED HITHIN FLOOD
НЕ НЕРОКВЦІУ СК ТНЕ СОННАСТО АНТЕ Т 5 ambit consultin° 5282. 410 & SOUTHERN AVE TEMPE. A2
ELLS AVENUE PK. (400) 659-4072
APN: 110-017-30 АРК: 110-017-29 - APN: 110-017-31 APN: 110-51-09 110-51-08 110-51-10
SANTA FE SPRINGS, CALFORNIA 00STC
OUTLY ENSEMEN.

УX: 310-311-13 € ROAD EASEMENT

OR FASTENT PARCEL
LEASE AREA LEGAL DESCRIPTION • RONO EASENENT -
PARENT PARCEL 1 PIPEUNE EASEMENT
АРОН - 51-13 EDWARDS STREE

UST PUKHUS

OF PARENT PARCEL CITY OF

BUNTINGTON BEACE
ANT 2
ANT 3:

PIPEUNE EASEMENT E
=
APN: 110-311-01 I ACCESS EASEMENT →
CONTADING 812 SQUARE FEET (0.018 ACRES) MORE OR LESS. 2000°0

28.00%
500523001

UILTY EASEMENT

OVERLOOK DEVE
APN: 110-512-74 CLL03528

EDWARDS FIRE STATION
18591 EDWARDS STREET

HUNTINGTON BEACH
CA 92648

SHEET TILE

PECTO BRAT CAP - SITE SURVEY

GRAPHIC SCALE GARFIELD AVENUE SHEET NUMBER
LS-1
o at&t

LEAN FAT CT CATAN REN A NE ELMT OF
ETERE
APN: 110-511-13
ambit consulting
410 E. SOUTHERN AVE. TEMPE, AZ
PN. (480) 655-4072
NOT RITED®, ANO & ARE NOT A SURVEY MATTER ANO ARE
CASA
SANTA FE SPRINGS, CALIFORNIA SOE7O
07/10/18 ADS COSCN
04/21/18| NTA 1530C
CALEE Lzea

EDWARDS FIRE STATION
18591 EDWARDS STREET

HUNTINGTON BEACH
CA 92648

SHEET TITLE

SITE SURVEY

GRAPHIC SCALE

SHEET NUMBER
1 bnt -t0 r LS-2

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EXHIBIT E
Description of AT&T Facilities
(See attached drawings)
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CODE COMPLIANCE APPROVALS
AT&T
AT&T TUTE CALION 3205
SONATURE.

STAT RE OVENER
ИТАТ ОРЕХАПОКУ.

Your world. Delivered SITE ACQUISITION:

CONSTRUCTION TANAGER
PROJECT TEAM SITE NUMBER: CLL03528 - NSB
COMING VENDOR:
smartlink
PROVECT MANACER:

SITE NAME: EDWARDS FIRE STATION
CUENT. REPREBENTATIVE
3300 IRVINE AVENUE, SUITE 300
FA NUMBER: 13014392 GENERAL CONTRACTOR NOTES
PAT: 041) 347-1275
USID NUMBER: 222897
18591 EDWARDS STREET
HUNTINGTON BEACH, CALIFORNIA 92648 GENERAL NOTES

ORANGE COUNTY

VICINITY MAP LOCAL MAP

EMANEES PROJECT DESCRIPTION

COMPANIE OUTDOOR CABINET (WUC)

I STATED
0/13/21 | HE COMPUT OVINE

SITE INFORMATION

DRAWING INDEX
SHIT NO:

AT&T

SHE BRAT

E SEE SATY NOTES

FO-T STE PART

EASE ARRAINE PURE AND ANTONA SU SOMAS

BRATORS

COUPON SPEONEATONS EDWARDS FIRE STATION
155815 э08væ85 r
LONGSTUDE 1803855(11801597)N HUNTINGTON BEACH, CA 92648

STRUCTUAL NOTES AND ONL MONOPINE (OUTDOOR)
CHOLONG TIAN DRAWN BY: CHECKED BY:
1 BATICA CHAS
11861913
JACUND LEASE ATEX: 0125QFT.

PER DRAINES POONG] SHOT THE

LAAMANEO TELECOUMUMCATIENS FROUTY TITLE SHEET
MONA PEOUTSUENTE: LEGAL DESCRIPTION DI
S0X SUME 61021-2500
SHEET NUMBER:

T-1
AT&T
SECTOR 'C' TUTEL CALFONIA 1780
- OM) AS MOI MOTORNE
EAS AGA RUN 3 smartlink
15LL949 357.1315
FAT ME 47.127
to min mr.

SECTOR 'B' SECTOR 'A'
240° 120°
-00 12 0 79/3*

ANTENNA PLAN ENLARGED SITE PLAN
I LINES XIT IT 4/-)
I CALE (ING 10) a care B
33330
082050330003 555555555555 0-3
01525 m sister 18085 HOL KOROPRE-
20-12
DACTE MOO UNTS (AR/S) 10-5
100 SAC IS (N) CONORETE PAO EAT

EDWARDS FIRE STATION
09S 476 814 18591 EDWARDS STREET
NO 62 V3 HUNTINGTON BEACH, CA 92648
Rus 418 e3 NONOPINE (OUTDOOR)
WIS L B1/812
30M7 095 ANTONA. CHECKED BY:
7S H7E 8H
SHEET TUC:
etus eus 35/812

AND ANTENNA SCHEDULE
005 4479 814
MUS 02 103
B05 4413 030 SHEET KUMBER
A-2
SCALE
ANTENNA AND RRU SCHEDULE 4 | LEASE AREA PLAN
AT&T
Se SENSO
01 7.OF PRESSOR
smartlink
2300 IRVING AVD, SUITE 300

MO EXILO MAAT CATALO

EM SET ATORES SOCOI EM NAT NO MAD
- N CAS E O IA BATA
CASA
3-0*
• 934 E07 T. a f
CLL03528

EDWAROS FIRE STATION
18591 EDWARDS STREET
HUNTINGTON BEACH, CA 92648

MONOPINE (OUTDOOR)
FASE CARO DRAWK BY: CHECKED BY:

SHEET ThE

ELEVATIONS
A-3
SCALE:

WEST ELEVATION 14*1-0 SOUTH ELEVATION
AT&T

TUSTIN CALFORMA SETEO

LE REE STACKE
ANTONES (12 PEA SECTOR)
smartlink
FAX: (349) 387-1275
= FOR SEE A TONIS
BASA
00 2% KI ANTONA MP. OF 2
he way meet
(E) SPUT FACED

ASTORARE A MONTRENO

EDWARDS FIRE STATION
18591 EDWARDS STREET
HUNTINGTON BEACH, CA 92648.

MONOPINE (OUTDOOR)
DRAWN IN:

SHEET TE

ELEVATIONS
SHEET NUMBER:

A-4
SCALE: SCALE:

EAST ELEVATION 2 NORTH ELEVATION 1/4*a1-0°

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EXHIBIT F

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, [name and address of AT& T] (hereafter designated as "Principal"), has, by written License Agreement dated - contracted with the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA (hereafter designated as "Owner") to construct telecommunications facilities on the property known as [address or legal description], which License Agreement, and all of the Contract Documents attached to or forming a part of that License Agreement (hereinafter designated as "License"), are hereby referred to and incorporated by reference; NOW THEREFORE, we, the Principal, and
- and
_[name(s), address(es), and status, if relevant of surety or sureties, e.g, ABC Insurance, a corporation duly organized under the laws of the State of _ having its principal office at
_(address), and authorized to
transact a general surety business in the State of California as Surety, are held and firmly bound unto Owner in the sum of Seventy Five Thousand Dollars ($ $75,000), lawful money of the United States of America for the payment of which sum Principal and Surety hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal promptly and faithfully performs all the covenants and conditions of the License on its part, then this obligation shall be void; but otherwise this obligation shall remain in full force, subject, however, to the following conditions:

1. Whenever the Principal shall be in default under the License, the Surety may promptly remedy the default.
31 of 32
19-7310/245851/SFF

DO NOT RECORD

2. If the Owner defaults in the performance of any material covenant or condition on its part to be performed under the License, the Surety shall be relieved from all liability hereunder.

3. The Surety shall not be liable for the nonperformance of any of the terms of the License attributable to fire, riot, strike, the elements or other acts of God, or for any loss or damage resulting therefrom.

4. No right of action shall accrue on this bond to or for the use of any person, firm, or corporation other than the Owner, or its business successors.

5. No suit, action, or proceeding shall be maintained under this bond unless commenced within two years after the expiration or termination of the Lease Term of the License.

IN WITNESS WHEREOF two identical counterparts of this instrument, each of which shall for all purposes be deemed an original, have been duly executed by the above Principal and [Surety or Sureties]
on_ 10/18/2021 _[date].

PRINCIPAL
Nestinana - [signature of principal]
Misty Snowden Ityped name]
[By (typed name and title, if applicable)]
SURETY
. [signature of surety]
_ [typed name]
[By _ (typed name and title, if applicable)]
SURETY
_ [signature of surety]
_ [typed name]
[By. _ (typed name and title, if applicable)]
32 of 32
19-7310/245851/SFF

DATE (MM/DDYYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE 12/07/2021
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsec I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsements).

Marsh |U.S. Operations
St. Louis, MO 63101 E-MAIL [email protected]
ADDRESS:

INSURERS) AFFORDING COVERAGE NAIC #
CN103150778-GAW-CRT-21-22 N N 10109k N INSURER A: Old Republic Insurance Company 24147 INSURED INSURER B:

New Cingular Wireless PCS, LLC
One AT&T Plaza INSURER C:
208 Soulh Akard INSURER D:

Room 1820
Dallas, TX 85301 INSURER E:

INSURER F:

CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR
X COMMERCIAL GENERAL LIABILITY 5,000,000

DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ NIA
PERSONAL & ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 10,000,000 PRO- 5,000,000
POLICY LOC PRODUCTS - COMP/OP AGG $
OTHER:

A AUTOMOBILE LIABILITY , MWTB 313635 21 06/01/2021 06/01/2022 COMBINED SINGLE LIMIT 1,000,000 (Ea accident'
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident)

AUTOS ONLY AUTOS

HIRED NON-OWNED APPROVED AS TO FORM PROPERTY DAMAGI
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB By:. $

OCCUR EACH OCCURRENCE
MICHAELE. GATES

EXCESS LIAB CLAIMS-MADE AGGREGATE

CITY ATTORNEY
DED RETENTION $ CITY OF HUNTINGTON BEACH $
WORKERS COMPENSATION MWC 313638 21 (AOS) 0670172021 06/01/2022

AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE EL. FACH ACCIDENT 1,000,000 N NIA
(Mandatory In NH) EL. DISEASE -EA EMPLOYEE S 1,000,000
yes, describe unde
DESCRIPTION OF OPERATIONS belox EL. DISEASE • POLICY LIMIT S Excess Workers' Compensalion/ MWXS 313639 21 (OH,WA) 06/01/2021 06/01/2022 EL Each Accident /EL Disease Employers' Liabiity See Second Page EL. Disease-Policy Limit 1,000,000 The Cily of Huntinglon Beach, is officers, elecled or appointed ficials, employees, agents, and volunteers islare included as Adilional insured under the General Liabily policy but only with respect to the requirements of the contract between the Certificale Holder and the Insured.

CERTIFICATE HOLDER CANCELLATION
y of Huntington Bee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE n: Bill k THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Streat ACCORDANCE WITH THE POLICY PROVISIONS.

Huntington Beach, CA 92648

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RISK Myt. FEB10:22PM8:12
AGENCY CUSTOMER ID: CN103150778
LOC #: St. Louis
ACORD® ADDITIONAL REMARKS SCHEDULE Page 2 of 2

AGENCY AMED INSUREL
Marsh USA Inc. no AT Paraless PCS, 11.

POLICY NUMBER 208 South Akerd
Room 1820
MAIC CODE Dallas, TX 85301

CARRIER
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Certificate of Liability Insurance Excess Workers Compensation MWXS 313639 21 (OH-WA)
Self Insured Retentions
OH & WA- $500,000,000 except Terrorism)
OH & WA - $600,000,000 Terrorism
ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED WHERE REQUIRED

UNDER CONTRACT OR AGREEMENT
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM
Paragraph 2. of SECTION II - WHO IS AN INSURED Is amended to include any person or organization said contract or agreement.

Where required by contract, we will consider our policy to be primary under any other insurance maintained by the additional insured for injury or damage covered by this endorsement and that their policy wlll be noncontributing with this insurance.

GL 739 006a 0609 Page 1 of 1
ncludes copyrighted material of Insurance Services Office, Inc., with Its permission MWZY 313636 21 • AT&T Inc. 06/01/2021-06/01/202
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT

FOR ADDITIONAL INSUREDS
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART/FORM

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

All Persons or Organizations as Required by Written Contract or Agreement.

In no event shall the Insurance provided exceed the scope of coverage or limits required by sald contract or agreement.

All locations associated with contract.

For the Person(s) or Organization(s) that are listed in the Schedule above, that are also an Additional Insured under an endorsement altached to this policy, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance and supersedes any provision to the contrary:

Anional insures urder your policy, i noted tha contribution from any other insurance avalable to an

1. The Additional Insured Is a Named Insured under such other insurance; and;

2. You have agreed with the Additional Insured that this Insurance is primary and will not seek contribution from any other insurance available to the Additional Insured.

GL 739 058 0617 Page 1 of 1
Includes copyrighted material of Insurance Services Office, inc., with its permission.

MWZY 31363621 AT&T Inc. 06/01/2021 _ 06/01/2022
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
Name of Person(s) or Organization(s):

All Persons or Organizations as Required by Written Contract or Agreement.

In no event shall the insurance provided exceed the scope of coverage or limits required by said contract or agreement.

All locations associated with contract.

With respect to coverage provided by this endorsement, the provisons of the Coverage Form apply unless modifled by the endorsement.

The following Is added to SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions,

5. Other Insurance, and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liabllity Coverage is primary to and will not seek contribution from any other Insurance available to the Person(s) or Organizations) shown in the above Schedule, provided that:

Such Person(s) or Organization(s) is an Additional Insured under such other insurance;

2. You have agreed that this insurance is primary and you will not seek contribution from any other insurance available to such person or organization.

CA 739 022 0617 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with Its permissior MWTB 313635 21 AT&T Inc. 06/01/2021 - 06/01/2022
AT&T
Certificate of Property Self Insurance
Attn: AT&T Services Inc.

Risk Management
208 S. Akard, Floor 18
Dallas, TX 75202
Type of insurance Description Type of Limits Limits of Liability Property All Risks Per Occurrence Replacement Cost
Affiliates of AT&T's selt-insurance will act as if commercial property Insurance had been purchased. As contractually obligated, AT&T's self-insurance includes All Perils; Extended Perils - Flood, Earthquake; Business Interruption/Loss of Rents; Construction in Progress; and will waive their rights to recover from the other for any and all loss of or damage to their respective property if such loss or damage is covered, or required by this contractual obligation to be covered, by a valid and collectible commercial insurance policy or self-Insurance; including "additional insured" and "loss payees" The entity shown below provides coverage under its program of self-insurance, Legal entity to which this certificate applies is:
/New Cingular Wireless PCS, LLC
Description of Operations/Locations:
[RE Edwards Fire Station 18591 Edwards Street Huntington Beach California 92648| Attention: Bill Krill
Holder Name: City of Huntington Beach;
Street Address: 2000 Main Street
City: Huntington Beach/ State:/CA|
ZIP:(92648) Date Issued 1/26/2022
Lease End
Email Address: [email protected]| Date 11/26/2023/ Optional Attachment: File Attachment
AT&l Employee
Name: Erik Hargrave Issue. lu.

ATST Empimail./[email protected]/ AT&T Services, Inc кик*хниЙиких:

CANCELLATION:

Should any of the above described self-insured coverages be canceled or materially altered before one year after the issuance of this Certificate, the Company will endeavor to mall thirty (30) days written notice to the certificate holder named above. Failure to mail such notice shall impose no obligation or lability of any kind upon the Company, Its agents or representatives. The limits evidenced on the above certificate will not Increase or reduce those insurance limits set forth within the stated requirements of the contract to which this certificate applies. The giving of this Certificate will not increase the limits of the Company's liability to the Holder.

Rev. 02.05.2018

City Council/Public Financing AuthorityMarch 1, 2022

City Council/Public Financing Authority
March 1, 2022