Agenda packet — Lincoln City Council, August 11, 2026 (part 2 of 2)

ORDINANCE XXXXB

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINCOLN APPROVING AN AMENDMENT TO THE VILLAGE 5 GENERAL DEVELOPMENT PLAN IN ASSOCIATION WITH THE VILLAGE 7B

AMENDMENTS PROJECT
WHEREAS, Title 18, Chapter 18.32 of the Lincoln Municipal Code provides for the review by the City of Lincoln City Council on all General Development Plans and amendments of General Development Plans; and
WHEREAS, on December 5, 2017, the Lincoln City Council adopted Resolution No. 2017- 258, making findings concerning mitigation measures and alternatives, making a statement of overriding considerations, adopting a Mitigation Monitoring Plan, and certifying the Village 5 Specific Plan Project Final Environmental Impact Report (“Village 5 Final EIR”) SCH No. 2014052071 pursuant to CEQA; and
WHEREAS, on December 5, 2017, City of Lincoln adopted Ordinance No. 960B approving the Village 5 Project General Development Plan; and
WHEREAS, amendments to the adopted Village 5 General Development Plan have been proposed, including adjustments to the land use designations and unit counts; and WHEREAS, on June 17, 2026, the Planning Commission of the City of Lincoln did hold a duly noticed public hearing and, following discussion and public testimony, voted to recommend City Council adopt the amended Village 5 General Development Plan; and WHEREAS, on July 28, 2026, the City Council of the City of Lincoln, did hold a duly noticed public hearing and, following discussion and public testimony, voted to determine the Project would not result in any new significant environmental effects or substantial increases in the severity of significant effects previously identified in the EIR and adopt the proposed Village 7B Addendum and the updated Mitigation Monitoring Plans for the certified Village 7 Final EIR (SCH No. 2005062001) and the Village 5 Final EIR (SCH No. 2014052071); and WHEREAS, pursuant to Section 18.92.040 of the Lincoln Municipal Code and Government Code Section 65854(b)(2), a notice of the time and place of the City Council’s hearing, including a general explanation of the proposed amendment to the Village 7 General Development Plan was published in a newspaper of general circulation at least twenty calendar days before the hearing, and, in addition to notice by publication pursuant to Government Code Section 65854, the City Council provided mailed notice to neighboring property owners and each of the local agencies responsible for essential facilities or services to the Plan Area in accordance with Government Code Section 65091; and
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WHEREAS, on July 28, 2026, the City Council did hold a duly noticed public hearing and, following discussion and public testimony, voted to introduce and waive the first reading to adopt the amended Village 5 General Development Plan (provided in Exhibit B).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:

Section 1. This Ordinance incorporates, and by this reference makes a part hereof, that the Amendments to the Village 5 General Development Plan, substantially in the form attached hereto as Exhibit B and on file with the Community Development Director, relative to the Village 7B Amendments Project.

Section 2. General Development Plan Findings. The City Council finds and determines that:
a. The Amendments to the Village 5 General Development Plan are consistent with the General Plan, as amended by Resolution No. 2012-197 and proposed Resolution No. 2013- 022 (the “General Plan Amendment Resolution”) and is also consistent with the proposed Village 5 Specific Plan (the “Specific Plan”), and proposed amendment thereto, because the General Development Plan with the proposed amendment (“Amended General Development Plan”) establishes zoning districts and development standards for land uses which are allowed by the General Plan and Specific Plan land use designations and the policies for new residential, commercial and open space land uses which apply to the Village 5 property. Specifically, the Amended General Development Plan provides for low density residential, medium density residential and high density residential, mixed-use commercial, schools, parks and recreations and open space land use designations. The Amended General Development Plan provides a master development plan and specific development standards for residential and nonresidential land uses within the Specific Plan area. b. The Amended Village 5 General Development Plan is consistent with the General Plan because the zoning districts provide for the following land use districts which are allowed by the General Plan land use designations as Village Low Density Residential, Village Medium Density Residential, Village High Density Residential, and Village Mixed Use Commercial.

Additionally, the Amended General Development Plan includes open space which is consistent with General Plan open space requirements.
c. The Amended Village 5 General Development Plan is consistent with the City’s Zoning Ordinance because it has been prepared pursuant to and for implementation of the Village 5 Specific Plan Area to specify the uses, the locations of such uses, and the governing development standards and design guidelines for the development of a master planned community. The General Development Plan is also consistent with the City’s Zoning Ordinance because it consists of a map and text showing all uses, intensity of land use as measured by units per acre and area coverage; major circulation and development phases. 314
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d. The Amended Village 5 General Development Plan is consistent with the requirements of the Planned Development District zone of the City’s Zoning Ordinance which governs the Village 5 Specific Plan area because it has been designed to provide for a creative, more flexible and orderly approach to the use of land.

Section 3. The proposed Amendment to the Village 5 General Development Plan, attached hereto as Exhibit B and incorporated by this reference, is subject to the conditions set forth in Exhibit A, attached hereto and incorporated by this reference.

Section 4. Based on the findings set forth in this Ordinance, and the evidence in the Staff Report, the City Council hereby approves the Amendment to the Village 5 General Development Plan, attached hereto as Exhibit B, substantially in the form on file with the Community Development Director.

Section 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

Section 6. Publication. Within fifteen days of passage of this Ordinance, the City Clerk shall cause the full text of the Ordinance, with the names of those City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger. In lieu of publishing the full text of the Ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the Ordinance, prepared by the City Attorney and with the names of the City Councilmembers voting for and against the Ordinance, to be published in the Lincoln News Messenger, and shall post in the office of the City Clerk a certified copy of the City Councilmembers voting for and against the Ordinance. The publication of a summary of the Ordinance in lieu of the full text of the Ordinance is authorized only where the requirements of Government Code § 36933(c)(1) are met.

INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on July 28, 2026, by the following vote:

AYES: Councilmembers: Andreatta, Brown, Eklund, Pearl, Reedy NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lincoln held on _______ day of _______________, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
Exhibits:

A. Conditions of Approval
B. Village 5 General Development Plan Amended Pages
316

EXHIBIT A
The Amended Village 5 General Development Plan for the Village 5 Specific Plan is recommended for approval subject to the following conditions:

1. All property within the Amended Village 5 General Development Plan Area shall be subject to the applicable mitigation measures adopted as part of the Village 7B Addendum and the updated Mitigation Monitoring Plan for the certified Village 5 Specific Plan Project EIR (SCH No. 2014052071).

2. The General Development Plan provides for various design criteria related to the Village 5 Specific Plan development. In the event of any conflicts between the standards set forth in the General Development Plan and those adopted by the City in its Design Criteria & Procedures Manual (the “Public Improvement Standards”), the standards set forth in the General Development Plan as amended shall control, except in cases where there are no standards set forth in the General Development Plan, in which case the Public Improvement Standards will control.

3. Further entitlement applications and permits will be required for all parcels when a specific parcel is proposed for development. The applicant will be required to file a formal application for review and approval by the City for the specific parcel(s) in question. When considering the approval of any proposed entitlement requests, the City shall conduct its review consistent with the Amended General Development Plan and Public Improvement Standards.

The City Council shall have complete discretion to approve the terms and conditions of the Development Agreement and will not be bound by any provisions adopted as part of this resolution. Where any conflict exists between these conditions of approval and the Development Agreement, the terms of the Development Agreement will control.

5. Future development entitlements within the Village 7B project site will be required to analyze the following intersections pursuant to the recommendations of the Village 7 Specific Plan Amendment Local Transportation Analysis: Ferrari Ranch Road/Caledon Circle (East) Courtyard Loop; Ferrari Ranch Road/Groveland Lane; Moore Road/Ferrari Ranch Road/Shallus Boulevard.

Attachment 2
317

EXHIBIT B
The Amended Village 5 General Development Plan is approved subject to the attached exhibit – Village 5 General Development Plan Amended Pages.

Attachment 2
318
Attachment 2 Exhibit B
319
SUBJECT: Waive Full Reading and Adopt by Title Only an Ordinance Amending the Village 5 General Development Plan for the Windsor Cove Project. (Mikaela Noble)
SUBMITTED BY: Mikaela Noble
DEPARTMENT: Community Development
DATE: August 11, 2026
Item Number 13.E
STAFF RECOMMENDATION:

Staff recommends that the City Council determine that the Windsor Cove Project is in conformance with the certified Final Environmental Impact Report (EIR) for the Village 5 Specific Plan (State Clearinghouse #2014052071) pursuant to CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan), and therefore, no additional environmental review is required; and waive second reading and adopt an Ordinance approving an Amendment to the Village 5 General Development Plan in association with the Windsor Cove Project.

BACKGROUND/INTRODUCTION:

On July 28, 2026, the City Council waived first reading and introduced by title only an ordinance approving an Amendment to the Village 5 General Development Plan in association with the Windsor Cove Project. Along with this approval, the City Council adopted resolutions certifying the approving a Large Lot Tentative Subdivision Map and Small Lot Tentative Subdivision Map for the Windsor Cove Project.

FINDINGS/ANALYSIS:

This second reading is necessary to enact the Ordinance.

ENVIRONMENTAL REVIEW:

In accordance with Government Code Section 65457(a) and the CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan), any residential project meeting the development density or undertaken pursuant to and in conformity with a specific plan (e.g., Village 5 Specific Plan) adopted pursuant to Title 17, Division 1, Chapter 3, Article 8 of the Government Code is exempt from further environmental review. In addition, CEQA Guidelines Section 15168(c)(2) states that if a project falls within the scope of the project described in a Program EIR, and no subsequent environmental review would be required under CEQA Guidelines Section 15162, then no new environmental document is required.

The proposed Windsor Cove project is in conformance with the certified Final EIR for the

STAFF REPORT
320
Village 5 Specific Plan (SCH #2014052071) in respect to residential development (e.g., density, development standards, etc.). Therefore, no further environmental review is required.

FISCAL IMPACT:

Adoption of these changes do not place a financial burden on the City.

ATTACHMENTS:

Windsor Cove GDPA Ordinance.doc
Attachment 1 Windsor Cove GDPA Ordinance Exhibits.pdf
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ORDINANCE XXXXB

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINCOLN APPROVING AN AMENDMENT TO THE VILLAGE 5 GENERAL DEVELOPMENT PLAN IN ASSOCIATION WITH THE WINDSOR COVE PROJECT (AREA J1)
WHEREAS, Title 18, Chapter 18.32 of the Lincoln Municipal Code provides for the review by the City of Lincoln City Council on all General Development Plans and amendments of General Development Plans; and
WHEREAS, on December 5, 2017, the Lincoln City Council adopted Resolution No. 2017- 258, making findings concerning mitigation measures and alternatives, making a statement of overriding considerations, adopting a Mitigation Monitoring Plan, and certifying the Village 5 Specific Plan Project Final Environmental Impact Report (“Village 5 Final EIR”) SCH No. 2014052071 pursuant to CEQA; and
WHEREAS, on the City of Lincoln adopted Ordinance No. 960B on December 5, 2017, approving the Village 5 Project General Development Plan; and WHEREAS, amendments to the adopted Village 5 General Development Plan have been proposed, including new design criteria for the development of the Project; and WHEREAS, notices describing the proposed Project and the time and place of the Planning Commission hearing, including a general explanation of the matter to be considered was published in a newspaper of local circulation and sent to neighboring property owners pursuant to Section 18.92 of the Lincoln Municipal Code; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA) and the Environmental Guidelines of the City of Lincoln, notice is hereby given that the City of Lincoln located at 600 Sixth Street, Lincoln, California has determined that the project is exempt under CEQA Section 15182 (Projects Pursuant to a Specific Plan) for which an Environmental Impact Report (EIR) has been certified. The proposed project qualifies for this exemption as it is consistent with the certified Village 5 Specific Plan EIR (State Clearinghouse No. 2014052071) and applicable mitigation measures of the Mitigation Monitoring Reporting Plan. Therefore, no further environmental analysis is required; and WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing and, following discussion and public testimony, held votes to adopt resolutions recommending City Council to do the following: determine the Project would not result in any new significant environmental effects or substantial increases in the severity of significant effects previously identified in the Village 5 Final EIR; approve the amended Village 5 General Development Plan, and approve tentative maps in association with the Windsor Cove Project; and
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WHEREAS, the City Council reviewed and considered information contained in the EIR, and finds that the mitigation measures identified therein, imposed on and incorporated by reference into the Village 5 Specific Plan Project, will lessen the significant effects of the amendments; and
WHEREAS, the City Council has reviewed the Amendment to the Village 5 General Development Plan and conducted a public hearing on July 28, 2026.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN does ordain as follows:

Section 1. This Ordinance incorporates, and by this reference makes a part hereof, that certain Exhibit B specifying the Amendments to the Village 5 General Development Plan, on file with the Community Development Director relative to the Windsor Cove Project.

Section 2. General Development Plan Findings. The City Council finds and determines that:
a. The Amendments to the Village 5 General Development Plan are consistent with the March 2008 General Plan, as amended by Resolution No. 2012-197 and proposed Resolution No. 2013-022 (the “General Plan Amendment Resolution”) and is also consistent with the proposed Village 5 Specific Plan (the “Specific Plan”), and proposed amendment thereto, because the General Development Plan with the proposed amendment (“Amended General Development Plan”) establishes zoning districts and development standards for land uses which are allowed by the General Plan and Specific Plan land use designations and the policies for new residential, commercial and open space land uses which apply to the Village 5 property. Specifically, the Amended General Development Plan allows for low density residential, medium density residential and high density residential, mixed-use commercial, public, parks and recreation and open space land use designations. The Amended General Development Plan provides a master development plan and specific development standards for residential and non-residential land uses within the Specific Plan area. b. The Amended Village 5 General Development Plan is consistent with the General Plan because the zoning districts provide for the following land use districts which are allowed by the General Plan Land Use designations as Village Country Estates, Village Low Density Residential, Village Medium Density Residential and Village High Density Residential.

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because it consists of a map and text showing all uses, intensity of land use as measured by units per acre and area coverage; major circulation and development phases. d. The Amended Village 5 General Development Plan is consistent with the requirements of the Planned Development District zone of the City’s Zoning Ordinance which governs the Village 5 property because it has been designed to provide for a creative, more flexible and orderly approach to the use of land.

Section 4. Based on the findings set forth in this Resolution, and the evidence in the Staff Report, the City Council hereby approves the Amendment to the Village 5 General Development Plan, attached hereto as Exhibit B, substantially in the form on file with the Community Development Director.

INTRODUCED at a regular meeting of the City Council of the City of Lincoln held on July 28, 2026, by the following vote:

AYES: Councilmembers: Andreatta, Brown, Eklund, Pearl, Reedy NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lincoln held on _______ day of _______________, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
Exhibits:

A. Conditions of Approval
B. Village 5 General Development Plan Amended Pages
325

CONDITIONS OF APPROVAL
The Amended Village 5 General Development Plan for the Village 5 Specific Plan is recommended for approval subject to the following conditions:

1. All property within the Amended Village 5 General Development Plan Area shall be subject to the applicable mitigation measures adopted as part of the certified Village 5 Specific Plan Project EIR (SCH No. 2014052071).

4. The ability to proceed under any approvals, entitlements, or authorizations granted by this action are contingent upon a Development Agreement being executed with the City of Lincoln specifying the terms and conditions of financing public improvements, conditions of development and reimbursement matters. The City Council shall have complete discretion to approve the terms and conditions of the Development Agreement and will not be bound by any provisions adopted as part of this resolution. Where any conflict exists between these conditions of approval and the Development Agreement, the terms of the Development Agreement will control.

Attachment 1 Exhibit A
326
VILLAGE 5 GENERAL DEVELOPMENT PLAN
ADOPTED JANUARY 9, 2018
ORDINANCE 960B
EIR STATE CLEARINGHOUSE # 2014052071
Lead Agency:

City of Lincoln
600 Sixth Street
Lincoln, CA 95648
Prepared for:

Richland Developers
3000 Lava Ridge Court, Suite 115
Roseville, CA 95661
Amended ...............

Attachment 1 Exhibit B
327

TABLE OF CONTENTS

TABLE OF CONTENTS
iii
CHAPTER 6: Village Landscape Design Guidelines

6.1 Overview .................................................................................................................... 6-1

6.2 Open Space ................................................................................................................ 6-1

6.2.1 Preservation and Mitigation ................................................................................................... 6-1

6.2.2 Buffer Areas ............................................................................................................................. 6-1

6.2.3 Riparian Protection ................................................................................................................. 6-2

6.2.4 Trails, Crossings and Connections ......................................................................................... 6-2

6.2.5 Hierarchy of Travel Ways ....................................................................................................... 6-2

6.2.6 Bio Retention ............................................................................................................................ 6-2

6.2.7 Bio Swales ................................................................................................................................. 6-3

6.2.8 Natural and Created Open Space ........................................................................................... 6-4

6.2.9 Multi-Use Landscape Corridors ............................................................................................. 6-5

6.2.10 Connectivity ............................................................................................................................ 6-5

6.3 Parks ...........................................................................................................................6-5

6.3.1 Park Framework ...................................................................................................................... 6-5

6.4 Schools ........................................................................................................................6-6

6.4.1 Co-Location Partnering .......................................................................................................... 6-6

6.4.2 Safe School Routes ................................................................................................................... 6-6

6.5 Streetscapes and Entries ...........................................................................................6-7

6.5.1 General Guidelines .................................................................................................................. 6-7

6.5.2 Bicycle and Pedestrian Safety ................................................................................................. 6-7

6.6 Entryway Monumentation ......................................................................................6-7

6.6.1 Hierarchy of Locations ........................................................................................................... 6-7

6.6.2 General Entry Design Guidelines ........................................................................................... 6-7

6.7 Off Street Parking .....................................................................................................6-8

6.7.1 Locations ................................................................................................................................... 6-8

6.7.2 Pedestrian Access ..................................................................................................................... 6-8

6.7.3 Design ........................................................................................................................................ 6-8

6.8 General Landscape Concepts .................................................................................. 6-9

6.8.1 Community Landscape Concepts ........................................................................................... 6-9

6.8.2 Common Area Guidelines ..................................................................................................... 6-11

6.8.3 Residential Landscape Guidelines ........................................................................................ 6-11

6.8.4 Residential Landscape Criteria ............................................................................................ 6-12

6.9 Water Conservation .............................................................................................. 6-15

6.9.1 Water Calculations ................................................................................................................ 6-15

6.9.2 Reclaimed Water System ...................................................................................................... 6-15

6.9.3 Xeriscaping ............................................................................................................................. 6-15

6.10 Fire Protection Measures .................................................................................... 6-15

6.11 General Hardscape Criteria ................................................................................ 6-16

6.11.1 Enhanced Paving .................................................................................................................. 6-16

6.11.2 Location and Durability ...................................................................................................... 6-16

6.11.3 Decorative Paving ................................................................................................................ 6-16

6.11.4 Permeable Paving ................................................................................................................. 6-16

6.11.5 Trails and Paths ................................................................................................................... 6-16

6.12 Walls and Fencing ................................................................................................ 6-17

6.13 Construction Techniques and Materials ............................................................ 6-18

6.14 Lighting.................................................................................................................. 6-19

6.15 Signage ................................................................................................................... 6-20

6.16 Plant Palettes ........................................................................................................ 6-22 CHAPTER 7: Area A1, A2, and J1 Planning Level Detail

7.1 Overview .................................................................................................................... 7-1

7.2 Community Design Features ................................................................................... 7-3

7.3 Neighborhood Design Intent.................................................................................... 7-5

7.4 Mobility Plan ........................................................................................................... 7-15 Attachment 1 Exhibit B
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TABLE OF CONTENTS

TABLE OF CONTENTS
iv

7.5 Parks and Recreation Opportunities ....................................................................7-18

7.5.1 Conceptual Landscape Master Plan .................................................................................... 7-19

7.6 Streetscape Design...................................................................................................7-24

7.7 Community Signage ................................................................................................7-27

7.8 Walls and Fences .....................................................................................................7-33

7.9 Street Lighting .........................................................................................................7-36

7.10 Landscape Edges and Transitions ......................................................................7-37 CHAPTERS 8-16: Future Chapters for Planning Level Detail Areas B-J List of Exhibits and Tables

1.1 Land Use Plan Exhibit ..................................................................................................................... 1-2

1.1 Planning Areas Exhibit.................................................................................................................... 1-3 Table 3.1 Permitted Uses ....................................................................................................................... 3-4 Table 3.2 VRR, VCE and VLDR Development Standards ................................................................ 3-7 Exhibit 3.1 Setback Diagrams for VRR, VCE and VLDR ................................................................. 3-8 Table 3.3 VMDR Development Standards .......................................................................................... 3-9 Exhibit 3.2 Setback Diagrams for VMDR ......................................................................................... 3-10 Table 3.4 VHDR Development Standards ......................................................................................... 3-12 Exhibit 3.3 Setback Diagrams for VHDR .......................................................................................... 3-13 Table 3.5 VMU Development Standards ........................................................................................... 3-14 Exhibit 3.4 Ilustration of Standards for VMU and VC 151 ............................................................. 3-15 Table 3.6 VC Development Standards ............................................................................................... 3-15 Exhibit 3.5 Illustration of Standards for VC Parcel 171 .................................................................. 3-16 Table 3.7 VCOMM Development Standards .................................................................................... 3-17 Exhibit 3.6 Illustration of Standards for VCOMM .......................................................................... 3-17 Table 3.8 VOC Development Standards ............................................................................................ 3-18 Exhibit 3.7 Illustration of Standards for VOC .................................................................................. 3-18 Table 3.9 VBP Development Standards ............................................................................................. 3-19 Exhibit 3.8 Illustration of Standards for VBP................................................................................... 3-19 Table 3.10 Parks Development Standards ......................................................................................... 3-20 Exhibit 3.9 Illustration of Standards for Park .................................................................................. 3-21 Table 3.11 AO Development Standards ............................................................................................. 3-22 Exhibit 7.1 Area A1, A2, and J1 Land Use Plan ................................................................................. 7-2 Exhibit 7.2 Development Pattern Plan ................................................................................................. 7-3 Exhibit 7.3 Parks and Open Space Plan .............................................................................................. 7-4 Exhibit 7.4 Neighborhood Boundaries ................................................................................................. 7-5 Exhibit 7.5 Roadway Plan ................................................................................................................... 7-15 Exhibit 7.6 Pedestrian and Bikeway Plan .......................................................................................... 7-16 Exhibit 7.7 Parks and Open Space Identifying Plan ........................................................................ 7-18 Exhibit 7.8 Conceptual Landscape Master Plan ............................................................................... 7-19 Exhibit 7.9 Street Tree Plan ................................................................................................................ 7-25 Exhibit 7.10 Community Signage Plan .............................................................................................. 7-27 Exhibit 7.11 Open Space Signage ....................................................................................................... 7-32 Exhibit 7.12 Community Wall and Fence Locations ........................................................................ 7-33 Exhibit 7.13 Street Lighting Plan ....................................................................................................... 7-36 Attachment 1 Exhibit B
329
CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-1
CHAPTER 7: Area A1 and A2 Planning Level Detail

7.1 OVERVIEW
Purpose
The purpose of this section is to describe and clarify how each site area is to be used and how the planning, architecture and landscape design will cohesively complement one another. This Area specific section describes and illustrates concepts to insure that the quality and character of each neighborhood development is meeting with the vision intended. The Planning Level Detail addresses the street network, bike paths, pedestrian trails and the overall connectivity between the various land uses. The framework is based on the development standards found in Chapter 3 and the spirit of the vision is defined by the residential, commercial and landscape design guidelines found in Chapters 4, 5 and 6 respectively.

Executing the Vision
The Village 5 Specific Plan clearly describes the vision and principles that will make up the foundation for this development. The desired features of strong connectivity, efficient development patterns, a variety of development offerings, and transportation choices all in a diverse, high quality in all aspects to insure a healthy and valued community for generations. This Chapter defines and illustrates in greater detail community elements including: development patterns, the mobility network, parks and open space amenities, neighborhood areas and features, streetscape designs, monumentation, lighting, signage and landscape transitions. Each element includes specific criteria to be followed for this area of development.

Details
All power and utilities within Village 5 will be constructed underground.

Organization
This section is organized by detailing each element of the vision, as noted above, and providing specific details and examples for execution.

Illustrative Land Use Summary for Planning Area A1, A2, and J1 Areas A1, A2, and J1 land use is consistent with the Village 5 Specific Plan zoning designations. The enclosed table summarizes the various uses, acreage and total units anticipated, however the final lot layouts are still being developed thus final unit counts may vary. Please see Table B-1 in the Specific Plan Appendix B for additional detail. Please see Area Land Use Plan on the following page.

Land Use Acreage Units
Residential
VCE Country Estates 250.9 1436.0
VLDR Low Density Residential 199.7 1050.0
VMDR Medium Density Residential 50.1 96.0
VLDR Community Recreation 6.3 0.0
VLDR Senior Recreation 5.4 0.0
Subtotal 512.4 2582.0
Commercial
VCOMM Village Commercial 79.5
VC Village Center 26.4
Subtotal 105.9
Public
ES Elementary School 12.0
PQP Public/Quasi-Public 3.9
ROW Major Roadways 74.6
Subtotal 90.5
Open Space/Parks
VRP Village Regional Park 71.2
VCP Village Community Park 16.0
VNP Village Neighborhood Park(s) 14.3
VLP Village Linear Park(s) 14.0
VPP Village Pocket Park(s) 5.1
VOSN Village Open Space Natural 49.3
Subtotal 169.9
TOTAL 878.7 2582.0
Attachment 1 Exhibit B
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CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-2
Exhibit 7.1

VLDR VCE
VNP
, INCLUDING AREA J1
Attachment 1 Exhibit B
331
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Village 5 GDP 7-5

7.3 NEIGHBORHOOD DESIGN INTENT
Rachel Avenue is the heart and spirit of Village 5. Incorporating Village Commercial at both ends, and a wide variety of residential opportunities in between. This tree lined gateway is designed with a large center median, two vehicular lanes, a Class I cycle track on the north, and separated walkways on both sides (no parking) thus defining it as a primary connection both physically and aesthetically Rachel will capture the iconic rural spirit of traditional Lincoln while bringing highly articulated architectural designs that embrace today’s styles. Rachel will consist of predominately alley loaded homes with vehicular access at the rear, while offering a variety of lot widths and alternatively some side facing residents too. By featuring front doors and porches at the street a sense of community is established. This key link has three primary focal points including two roundabouts, and a bridge. The roundabouts define the primary entrances into each of the neighborhoods to the north and south, while the bridge gives long linear views in each direction ultimately connecting the village community park on the south with the village regional park at the north. This area’s neighborhoods are centered on the “Main Street” theme of Rachel Avenue.

Notes:

All street names will be submitted and finalized during the tentative map process.

Exhibit 7.4
•
VCE

VLDR VCE
VPN
VOS
Attachment 1 Exhibit B
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Village 5 GDP 7-14a
Neighborhood VII
The Neighborhood VII design principles and features are as follows:
- Neighborhood VII boundaries can be described as approximately 55 acres south of Auburn Ravine open space, North of Moore Road and bound by Nelson Lane to the west and rural land to the east. - The primary entrances are off of Moore Road.
- The development pattern consists of 2 entrances to Moore Road with alooped road between the .

Villages and the trail in between for mobility.
- This neighborhood consists of low density residential and country estates. All lots backing to open open space will feature an open view fence.
- This neighborhood will have a small neighborhood park for use by the residents. - The low density residential village will have a patch across to the Nelson Lane walkway.

VLDR VCE

NELSON LANE

MOORE ROAD

OPEN SPACE
VNP
Attachment 1 Exhibit B
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CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-18

7.5 PARKS AND RECREATION OPPORTUNITIES
Village 5 – Areas A1 and A2 feature Recreation Facilities, extensive Park Facilities and access to Open Space Trails that are inner connected in a way that everyone with in these Areas have quality outdoor amenities. All parks are accessible via walking or bicycle but parking is available. 170 acres are dedicated to park and recreation amenities while an additional 200 acres of open space and its trail system is also available.
- The trail system within the A1, A2, and J1 Planning Area will consist, at a minimum, of 1 mile of trails for every 2500 people. - Community Recreation Facilities, and Multi-family facilities shall incorporate swimming pools as a portion of their
recreational amenity. There shall be a minimum of one pool for every 10,000 residents.

Exhibit 7.7
- Area J1, Villages 1-2 will have 1500 LF of trails internally that connects to the park within the Village and from the park pathway to access the Nelson Lane walkway.

VLDR VCE
VNP
VOS
Attachment 1 Exhibit B
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Village 5 GDP 7-19

7.5.1 Conceptual Landscape Master Plan
The purpose of the Landscape Master Plan is to graphically represent areas of significant landscape treatments, which will be described in detail in the following chapter of the Landscape Design Guideline Document.

The Conceptual Landscape Master Plan is shown below.

Exhibit 7.8

VLDR VCE
PARK
Attachment 1 Exhibit B
335
CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-27

7.7 COMMUNITY SIGNAGE
Monumentation and neighborhood entry features shall be designed, at the tentative map phase, to embrace the characteristics of the vision and established quality standard for the Community. Substantial materials rooted from the area are desirable to highlight the cultural history of Lincoln. The various features should complement one another and be harmonious while maintaining hierarchical distinction. Landscaping shall be thoughtfully considered so as to enhance these community features and never block them.

PRIMARY GATEWAY MONUMENTATION
Located at the intersection of Nelson Lane and Rachel Avenue, this grand feature will be the Gateway to Village 5 Area A1 and A2, and will be the largest scale monument feature. The focus directs residents and visitors along the signature street of the Village, which will immediately capture their attention in its feel and function.
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SECONDARY COMMUNITY MONUMENTATION
These intersections are located at Nelson Lane and Mavis Avenue and additionally at the intersection of the North/South Collector and Mavis Avenue. This secondary feature still draws significant importance and attention to the planning area and helps guide and set the tone for the community theme. This will be a step down in size but will have a strong vertical presence.

NEIGHBORHOOD MONUMENTATION
Located at key entrances these features announce the arrival of each neighborhood while continuing the theming established.

This monumentation will be scaled down to proportionately transition into the neighborhood scale.

FEATURE MONUMENTATION
These special monuments are for the purposes of identifying each of the community amenities and feature elements. All Parks, and Recreation Facilities will have monuments, but these will be the smallest in the hierarchy. Exhibit 7.10

VLDR VCE
VNP
VOS
Attachment 1 Exhibit B
336
CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-33

7.8 WALLS AND FENCES
Walls and fences shall be designed and constructed according to the specifications noted below. Each wall type is described below denoted on the corresponding plan for easy reference. See Chapter 6: Landscape Design Guidelines, pages 6-28 and 6-29 for typical images of fencing examples.

Community Wall and Courtyard Patio Wall Designs
Block wall designs shall be constructed of CMU block with stucco over and a brick cap.

Pilasters shall match wall design and be spaced at a maximum of 100’ O.C. and as needed for grade or direction changes.

Per the monumentation diagrams in section 7.7 varied heights should be combined with pilasters for an aesthetically pleasing look and scaled appropriately for the location and purpose it serves.

Townhomes shall consist of 4’-0” tall CMU walls with stucco over and 2’-0” tall tubular steel for a total height of 6’-0”. Pilasters to be constructed where Post and Cable Design (at Open Space)
Provide 3’-0” tall, 6”x6” square pressure treated posts at 15’-0” O.C. typical with (2) 3/8” diameter #7 galvanized wire cable spaced at 16” O.C. vertically.

Provide openings every 750 ft. to allow for emergency access.

Open View Fencing Design (at View Lots)
Provide 6’-0” tall, 2”x 2” tubular steel posts (with cap) with 3/4”x 3/4” steel pickets, 4” O.C. with a 1”x1” top and bottom rail.

Tubular steel fencing shall be painted black.

Wire Mesh Fence Design (at Schools)
Provide 6’-0” tall, green or black vinyl coated chain link fence with 9 gauge x 2”x 2” mesh between 4” steel posts spaced 8’-0” O.C. with a 1 5/8”x 1 5/8” galvanized top and bottom rail
Residential Good Neighbor Fencing (at Homes)
Provide 6’-0” tall, wood fence with a minimum #2 grade lumber 1”x 6” slats between 4”x4” pressure treated posts with 1”x 6” pressure treated fascia rail, mid-rail and bottom rail. Provide 2x4 pressure treated cap. Alternating panels shall be constructed between neighboring lots and all mid rail supports shall be internal to yards at all corner lots.

Exhibit 7.12

VLDR VCE
VNP
VOS
Attachment 1 Exhibit B
337
CHAPTER 7: AREA A1, A2, AND J1 PLANNING LEVEL DETAIL
Village 5 GDP 7-36

7.9 STREET LIGHTING
Street Lighting
Lighting is an essential element for any development. The most important element is for safety and secondarily aesthetic. An additional goal for this projects lighting is to provide attractive lighting with minimal contribution to light pollution. Each area will have different lighting needs. The Village Center will demand higher levels of light, while natural areas will require lower light levels.

Lighting shall be thematic (see diagram on following page) with a rural feel to reflect the historic essence in the overall design.

Fixtures shall be scaled appropriately for their specific location. Larger roadways will demand taller, dual fixtures and internal residential roads will be lower and have single fixtures and wider intervals as noted in our fixture diagram.

Standard illumination requirements on roadways shall apply so that drivers can clearly see all road alignments, traffic control signage and any potential obstacles. Higher light levels are expected at any intersection or for unique
interchanges.

Street lighting shall conform to the City of Lincoln’s standards for roadway illumination for public streets.

Spacing of all fixtures will be determined based on the type of street, or area use to insure a safety.

Walkways, paseos and other pathways with public access
shall be lit to provide safe passage, and minimize shadows.

Bollard lighting may be utilized or extra lighting at steps, ramps or other potential obstacles that would benefit from additional lighting.

Parking and vehicular areas should be consistent with the adjacent street fixtures and meet the City of Lincoln’s requirements for parking areas.

The addition of decorative features such as seasonal banners along Mavis Avenue and flower baskets shall be incorporated along Rachel Avenue. Both elements will be utilized as
appropriate at the Village Center.

See below for proposed light standards and Chapter 6 for additional examples of lighting imagery. Exhibit 7.13
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VLDR VCE
VNP
VOS
Attachment 1 Exhibit B
338
SUBJECT: Adopt a Resolution Approving a Fixed Base Operator and Airport Management Services Agreement with KT Aero CA
LLC for Lincoln Regional Airport - Karl Harder Field,
Authorizing the City Manager to Execute the Agreement, and Approving Budget Augmentations in the Amounts of $165,000 in FY 2025/26 and $336,250 in FY 2026/27 for the Airport Fund (7500). (Matt Medill)
SUBMITTED BY: Matthew Medill
DEPARTMENT: Public Works
DATE: August 11, 2026
Item Number 15.A
STAFF RECOMMENDATION:

Staff recommends the City Council adopt a resolution:

Approving a Fixed Base Operator and Airport Management Services Agreement with KT Aero CA LLC for Lincoln Regional Airport – Karl Harder Field; Authorizing the City Manager to execute the agreement in a form approved by the City Attorney, including minor modifications necessary to address the transition period during the remainder of calendar year 2026;
Approving budget augmentations in the amounts of $165,000 in FY 2025/26 and $336,250 in FY 2026/27 in the Airport Fund (7500) for the Fixed Base Operator and Airport Management Services Agreement and related implementation costs; and Authorizing the City Manager or designee to take all actions necessary to implement the agreement.

BACKGROUND/INTRODUCTION:

Lincoln Regional Airport – Karl Harder Field (LHM) continues to experience growth in airport activity, hangar development, tenant interest, and overall operational complexity. As activity and development interest have increased, the City has evaluated options to provide dedicated professional airport management, fixed base operator (FBO), operations, and maintenance services to support safe, efficient, and compliant airport operations.

Staff has been working with KT Aero CA LLC, a California limited liability company, on a proposed Fixed Base Operator and Airport Management Services Agreement and related Scope of Services. The agreement identifies KT Aero CA LLC as the Operator and the City of Lincoln as the Owner, and is intended to provide comprehensive operations, maintenance,

STAFF REPORT
339
FBO, and airport management services at LHM.

On April 15, 2026, staff presented the proposed agreement to the Airport Committee for review. Following that meeting, staff continued working with KT Aero CA LLC to update the agreement, Scope of Services, and key performance indicators (KPIs) to better define service expectations, accountability measures, reporting requirements, and service delivery standards.

Staff subsequently returned to the Airport Committee with the updated agreement and Scope of Services. The Airport Committee reviewed the updated materials and unanimously recommended approval of the agreement and forwarding the item to the City Council for consideration.

FINDINGS/ANALYSIS:

The proposed agreement would authorize KT Aero CA LLC to provide professional airport operations, maintenance, FBO, and management services for LHM. The Scope of Services includes day-to-day airport operations oversight, maintenance of facilities and grounds, aircraft fueling services, aircraft ramp and ground services, marketing and business development support, regulatory coordination, record keeping, monthly reporting, and KPI tracking. The airport staffing coverage will increase from a five-day 40 regular hours per week schedule to a seven-day coverage with 11 hours per day increasing annual regular time coverage from approximately 2080 hours/year to approximately 4,000 hour/year.

The agreement is structured to preserve the City’s role as airport owner and policy-making authority while allowing KT Aero CA LLC to provide specialized airport operational expertise and dedicated support for daily airport operations. The City would retain responsibility for lease payment administration, fee collection, lease administration, capital improvement project management, Airport Manager functions, Airport Engineer functions, final budget approval, final marketing plan approval, and approval of major capital projects.

The Scope of Services includes the following major service areas:

Daily airport operations oversight and coordination with applicable regulatory agencies; Maintenance of facilities, grounds, paved surfaces, airfield lighting, pilot amenities, public restrooms, and City-owned hangars;
Aircraft fueling services for 100LL and Jet A fuel, including inspections, fuel quality testing, inventory coordination, and customer service;
Aircraft ramp and ground services, including towing, parking guidance, marshalling, tiedown checks, and support for tenant activity tracking; Marketing and business development support for aviation-related opportunities; Regulatory coordination and record keeping, including airport activity logs, inspection documentation, environmental compliance support, and monthly reporting; and KPI tracking related to safety, compliance, maintenance response times, facility condition, customer service, fuel sales, operations growth, based aircraft growth, and marketing/event participation.

As part of the proposed transition to contracted airport management and FBO services, the City conducted a meet-and-confer process with the Union regarding the affected City staff position. Through that process, the City and Union informally agreed that the current City staff 340
person will remain employed through the end of calendar year 2026.

KT Aero CA LLC has agreed in concept to a gradual airport management services transition, with a phased transition to the full contractual Scope of Services before January 1, 2027. This phased approach allows KT Aero CA LLC to onboard and train staffing, begin work, become familiar with City operations, airport tenants, stakeholders, existing agreements, ongoing projects, equipment, facilities, and regulatory responsibilities, while allowing the City to mitigate costs during the transition period and avoid unnecessary duplication of effort.

The proposed service start date is targeted to commence within 30 days after agreement execution, with the actual start date to be coordinated by the Airport Manager. Staff is requesting authorization for the City Manager to execute the agreement in a form approved by the City Attorney, including minor modifications necessary to address the transition period during the remainder of calendar year 2026. These modifications may include phased service responsibilities, adjusted transition-period compensation, coordination with City staff, onboarding requirements, reporting expectations, equipment and facility transition procedures, and related implementation terms, provided such modifications do not materially alter the City Council’s approval of the agreement.

The agreement also references the parties’ intent to separately negotiate a developmentrelated agreement for potential partnership opportunities involving City property near the Airport. Approval of the Fixed Base Operator and Airport Management Services Agreement would not approve, authorize, or commit the City to any separate development agreement.

Any future development agreement would be negotiated separately and brought forward for appropriate City review and approval, as required.

The agreement is currently under review by the City Attorney. As with all City agreements, City Attorney review and approval will be completed prior to execution.

ENVIRONMENTAL REVIEW:

Approval of the Fixed Base Operator and Airport Management Services Agreement is an administrative and organizational action related to airport management, operations, maintenance, and FBO services. The action does not approve any physical development, construction activity, capital project, lease, or change in airport operations that would result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, approval of the agreement is not a project under the California Environmental Quality Act (CEQA). Alternatively, the action is exempt from CEQA pursuant to the commonsense exemption because it can be seen with certainty that approval of the agreement itself would not have a significant effect on the environment.

FISCAL IMPACT:

Approval of the Fixed Base Operator and Airport Management Services Agreement requires budget augmentations in the amounts of $165,000 in FY 2025/26 and $336,250 in FY 2026/27 in the Airport Fund (7500) to support implementation of the agreement and related airport management and FBO services.

The draft agreement provides for a management fee of $20,833.33 per month, for an annual 341
total of $250,000, payable monthly in arrears, subject to the agreement terms. The agreement also includes an annual escalation provision beginning on the first anniversary of the effective date.

The agreement includes a fuel flowage fee of $0.06 per gallon for 100LL and Jet A fuel dispensed at the Airport. Based on estimated annual fuel volume of more than 175,000 gallons, the estimated annual flowage fee is approximately $10,500.

The agreement also allows compensation for overtime and callouts at $50 per hour. The budget augmentation includes $15,000 in FY 2025/26 and $30,000 in FY 2026/27 for anticipated overtime and callout costs.

An additional $15,000 in FY 2025/26 and $30,000 in FY 2026/27 is included for extraordinary maintenance expense reimbursement for qualifying costs that exceed the $1,000 threshold established in the agreement and that may be contracted by KT Aero CA LLC on the Airport’s behalf.

The $165,000 and $336,250 budget augmentations will provide funding authority to initiate the agreement, support the transition period, and allow KT Aero CA LLC to begin providing services. Because KT Aero CA LLC has agreed to a transition period, with a phased transition to the full contractual Scope of Services before January 1, 2027, the City anticipates cost savings during the remainder of calendar year 2026 compared to immediate full-scope implementation. Staff anticipate existing airport operations and maintenance expenses will be reduced by as much as $200,000 annually starting in FY2026/27 to offset the new airport management services model.

Staff will monitor expenditures during the transition period and return to the City Council through the normal budget process or by separate action if additional budget adjustments are needed.

Budget Component FY 2025/26 FY 2026/27
Base airport
management/FBO
services, including
transition
implementation
$135,000 $276,250
Overtime and
callouts
$15,000 $30,000
Extraordinary
maintenance
reimbursement
(>$1,000)
$15,000 $30,000
Total Budget
Augmentation
$165,000 $336,250
ATTACHMENTS:

Attachment_A_KT_Aero_Reso.docx
Attachment B_FBO & Airport Management Services Agreement.pdf 342
Attachment C_Scope of Work.pdf
343
Resolution No. 2026-XXX

Page 1 of 2 ends

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN APPROVING A FIXED

BASE OPERATOR AND AIRPORT MANAGEMENT SERVICES AGREEMENT WITH KT AERO CA LLC FOR LINCOLN REGIONAL AIRPORT – KARL HARDER FIELD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPROVING

BUDGET AUGMENTATIONS IN THE AIRPORT FUND
WHEREAS, the City of Lincoln owns and operates Lincoln Regional Airport – Karl Harder Field (“Airport”); and
WHEREAS, the City has negotiated a Fixed Base Operator and Airport Management Services Agreement (“Agreement”) with KT Aero CA LLC, a California limited liability company, to provide airport management, fixed base operator, operations, maintenance, fueling, ramp, regulatory coordination, record keeping, reporting, and related services at the Airport; and WHEREAS, the Agreement provides for an initial five-year term, a base management fee of $250,000 per year payable monthly in arrears, a 2.5% annual escalation beginning on the first anniversary of the effective date, a fuel flowage fee of $0.06 per gallon for 100LL and Jet A fuel dispensed at the Airport, overtime and callout compensation at $50 per hour, and reimbursement for qualifying extraordinary maintenance expenses exceeding the Agreement threshold; and
WHEREAS, the Airport Committee reviewed the proposed Agreement and scope of services and unanimously recommended approval and forwarding the item to the City Council; and
WHEREAS, the City conducted a meet-and-confer process with the Union regarding the affected City staff position, and the City and Union agreed that the current City staff person will remain employed through the end of calendar year 2026; and WHEREAS, KT Aero CA LLC has agreed to a transition period, with a phased transition to the full contractual scope of services before January 1, 2027, allowing KT Aero CA LLC to begin work while supporting continuity of airport operations and reducing transition-period costs; and
WHEREAS, the proposed service start date is targeted for approximately 30 days after Agreement execution, subject to final coordination and onboarding; and WHEREAS, approval of the Agreement requires budget augmentations in the Airport Fund (7500) in the amounts of $165,000 for FY 2025/26 and $336,250 for FY 2026/27 to support implementation of the Agreement, including management fees, transition costs, estimated fuel flowage fees, anticipated overtime/callout costs, and extraordinary maintenance reimbursements; and
WHEREAS, the Agreement references the parties’ intent to separately negotiate a development-related agreement, and approval of this Agreement does not approve, authorize, or commit the City to any separate development agreement; and WHEREAS, approval of the Agreement is an administrative and organizational action related to airport management, operations, maintenance, and FBO services, does not approve any physical development, construction activity, capital project, lease, or operational change resulting in a direct or reasonably foreseeable indirect physical change in the environment, is not a project under the California Environmental Quality Act (CEQA), and alternatively is exempt from CEQA pursuant to the common sense exemption. 344
Resolution No. 2026-XXX

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lincoln as follows:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council approves the Fixed Base Operator and Airport Management Services Agreement with KT Aero CA LLC for Lincoln Regional Airport – Karl Harder Field, subject to final approval as to form by the City Attorney.

SECTION 3. The City Council authorizes the City Manager to execute the Agreement in a form approved by the City Attorney and to approve minor, non-substantive modifications necessary to address the transition period during the remainder of calendar year 2026, provided such modifications do not materially alter the City Council’s approval.

SECTION 4. The City Council approves budget augmentations in the Airport Fund (7500) in the amounts of $165,000 for FY 2025/26 and $336,250 for FY 2026/27 to support implementation of the Agreement and related airport management, operations, maintenance, transition, fuel flowage fee, overtime/callout, and extraordinary maintenance reimbursement costs.

SECTION 5. The City Manager, or designee, is authorized to take all actions necessary or appropriate to implement the Agreement and this Resolution.

SECTION 6. Approval of the Agreement does not approve, authorize, or commit the City to any separate development agreement. Any future development agreement shall be negotiated separately and brought forward for appropriate City review and approval, as required.

PASSED AND ADOPTED this 11th day of August, 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____________________________________
Richard Pearl, Mayor
ATTEST:
____________________________________
Hope Ithurburn, City Clerk
APPROVED AS TO FORM:
____________________________________
Douglas White, City Attorney
345

FIXED BASE OPERATOR AND AIRPORT MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT is entered into eƯective the 1st day of September, 2026 by and between KT Aero CA LLC, a California limited liability company, hereafter referred to as “Operator,” and the City of Lincoln, a municipal corporation organized under the laws of the State of California, hereafter referred to as “Owner.”
WHEREAS, Owner owns the Lincoln Regional Airport – Karl Harder Field (“Airport” or “LHM”); and
WHEREAS, Owner desires to enter into an agreement with a qualified entity to serve as the Fixed Base Operator (“FBO”) and provide comprehensive operations and maintenance services at the Airport; and
WHEREAS, Operator desires to serve as the FBO and provide such services; and WHEREAS, Owner and Operator desire to enter into an Agreement defining their mutual rights and responsibilities;
NOW, THEREFORE, in consideration of the promises, terms, and covenants set forth below, Owner and Operator agree to the following terms and conditions:

1. TERM. The term of this Agreement shall be for a period of five (5) years, commencing on September 1, 2026 and ending on July 31, 2031. Within six (6) months prior to the end of the initial term, both parties must initiate negotiations to mutually agree in writing whether to extend the Agreement for an additional five (5) years. If no mutual agreement is reached, the Agreement shall terminate at the end of the initial term.

2. OCCUPANCY. Owner hereby grants unto Operator the non-exclusive rights of use and occupancy of the facilities, equipment, and improvements at the Airport necessary to perform the services outlined in Exhibit 1 (Scope of Work), including but not limited to aprons, ramps, common areas (runways, taxiways, roadways, lights, signals, and other conveniences for takeoƯ, flying, and landing of aircraft), and such other areas as reasonably required for FBO operations. Operator's use shall be in common with others authorized by Owner.

3. NON-EXCLUSIVE USE. (a) Owner reserves for its own use, without charge or reduction in payments to Operator, the right to use or occupy any areas granted herein as needed, in Owner's sole discretion. (b) The rights herein granted include Operator's non-exclusive use of common Airport areas in common with others authorized.
346

4. OPERATIONS. Operator, at its own expense (except as reimbursed per Section 6), shall perform the operations and maintenance services as detailed in Exhibit 1 (Scope of Work: Operations and Maintenance for Lincoln Regional Airport (LHM) - Fixed Base Operator (FBO) Services, attached hereto and incorporated by reference) and in accordance with Exhibit 2 (Equipment List and Maintenance Schedule, attached hereto and incorporated by reference). This includes, without limitation:
daily operations oversight; maintenance of facilities and grounds; aircraft fueling services; ramp and ground services; marketing and business development assistance; record-keeping; and full compliance with FAA, CalTrans, EPA, TSA, and other regulations. Operator shall serve as the primary point of contact for regulatory entities and coordinate with Owner on grants, events, and compliance. Owner retains high-level functions (e.g., lease administration, CIP projects, final budget/marketing approval).

Operator shall adhere to the Key Performance Indicators (KPIs) set forth in Exhibit 1 (Scope of Work), which may include metrics related to safety compliance, maintenance response times, customer service standards, facility cleanliness, operational availability, and regulatory adherence. Failure to consistently meet these KPIs may constitute a material breach under Section 8 (Termination).

Operator shall maintain hours of operation consistent with Exhibit 1 and provide 24/7 on-call for emergencies.

5. EQUIPMENT. Owner agrees to provide equipment as listed in Exhibit 2 or otherwise reasonably required for Operator's obligations (e.g., tractors, sweepers). Operator shall maintain such equipment in good condition per Exhibit 2 and report issues promptly.

6. PAYMENTS AND COMPENSATION.
(a) Management Fee. Owner shall pay Operator $20,833.33 per month (annual total $250,000) for services, payable monthly in arrears on the 10th of each month.
(b) After hours jet fuel service shall be paid at $50/hour at contract commencement and subject to annual escalation.
(b) Annual Escalation. Commencing on the first anniversary of the EƯective Date (July 1, 2027) and each anniversary thereafter during the term (including any extension), the monthly and annual Management Fee amounts in subsection (a) shall be increased by two and one-half percent (2.5%) compounded annually. The adjusted 347
amounts shall apply to all subsequent monthly payments until the next anniversary adjustment.
(c) Maintenance Expenses. For maintenance costs exceeding $1,000 per incident (excluding routine items in Exhibit 1), Operator shall be reimbursed by Owner plus a 10% markup for administrative overhead. Operator shall submit invoices with receipts/supporting documentation; reimbursement within 30 days. (d) Fuel Flowage Fee. Operator shall receive a fuel flowage fee of $0.06 per gallon for all 100LL and Jet A fuel dispensed at the Airport. Operator shall track and report gallons monthly; Owner shall pay within 30 days of invoice. (e) All payments due on the 1st of each month, paid by the 10th. Late payments accrue interest at 1.5% per month.

7. INSURANCE, INDEMNIFICATION, AND COMPLIANCE. Per Contract for Services dated MONTH, DAY, YEAR, Operator shall maintain insurance (liability, workers' comp, property) naming Owner as additional insured, with limits satisfactory to Owner. Operator indemnifies Owner for claims arising from Operator's negligence.

Both parties comply with all FAA grant assurances, minimum standards, and laws.

8. TERMINATION. Either party may terminate for material breach with 60 days' written notice to cure. Owner may terminate for cause (e.g., safety violations, repeated noncompliance) immediately upon notice.

9. SEPARATE MASTER DEVELOPER AGREEMENT. The parties intend to negotiate a separate agreement for partnership on development of City property near the Airport (e.g., economic development, manufacturing attraction). This Agreement does not cover such development. If the parties are unable to successfully negotiate the Master Developer Agreement, the Operator may terminate this agreement with a 60- day notice to the Owner.

10. MISCELLANEOUS. This Agreement is governed by California law. Amendments in writing. Entire agreement. Severability. Notices to addresses provided. No assignment without consent.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

OWNER: City of Lincoln
By: _______________________________ Name/Title: ________________________ Date: _____________________________
348
OPERATOR: KT Aero CA LLC
By: _______________________________ Name/Title: ________________________ Date: _____________________________
Exhibit 1: Scope of Work
Exhibit 2: Equipment List and Maintenance Schedule
349
Scope of Work: Operations and Maintenance for Lincoln Regional Airport (LHM) - Fixed Base Operator (FBO) Services

1. Introduction
This Scope of Work (SOW) outlines the comprehensive operations and maintenance responsibilities for the management of the City of Lincoln's Lincoln Regional Airport – Karl Harder Municipal Airport (LHM), as required by the City's Request for Proposal (RFP) dated April 25, 2025. The SOW incorporates all mandatory services specified in the RFP, integrates detailed tasks from current airport maintenance practices, and includes innovative approaches from KT Aero CA LLC's proposal, such as their Management and Operational Framework (emphasizing People, Process, Community, Operational Excellence, Customer Experience, and Sustainability), customized Fixed Base Operator Manual with SOPs and checklists for high-risk activities, PDCA (Plan-Do-Check-Act) for continuous improvement, sustainability practices, fuel management eƯiciencies via partnerships, community events (e.g., Young Eagles, military appreciation days), and growth strategies targeting industries like aerospace manufacturing, MRO facilities, drone development, and aviation education.

The Contractor (FBO) shall provide a variety of commercial aeronautical services in full compliance with all local, state, and federal regulations, including FAA, CalTrans, EPA, and TSA standards. The Contractor and the City will operate LHM as a self-suƯicient enterprise fund, expand commercial and private pilot activities, promote client-centric service, and position the Airport as an economic asset to the City of Lincoln and South Placer County region. Creative, flexible, or innovative solutions are encouraged to add value.

To ensure clear separation of duties:
350
Contractor Obligations Overview: The Contractor is responsible for hands-on, dayto-day operational and maintenance tasks, including fueling, ramp services, inspections, supporting code enforcement compliance inspections, regulatory compliance coordination (as point of contact), marketing assistance, and recordkeeping. The Contractor does not handle financial collections, leasing administration, or high-level management functions like CIP projects or engineering.

City Obligations Overview: The City administers all lease payments and fee collection. The City administers the lease tenants and manages leasing contracts.

The City will perform the Airport Manager function to include CIP project management and Airport Engineer functions. The City retains responsibilities for payment of all required infrastructure projects and final approval of budgets, marketing plans, and capital projects.

2. Daily Operations Oversight
Contractor Obligations: The Contractor shall oversee daily operations and maintenance of the airport to ensure safety, eƯiciency, and regulatory compliance, incorporating detailed inspections and coordination tasks. This includes:
- Overseeing daily operations and maintenance in accordance with all local, state, and federal regulations and licensing standards, including oversight of airport inspections, facilities maintenance, issuance of NOTAMs, and enforcement of applicable rules, regulations, and minimum standards.
- Serving as the liaison with the FAA and the CA Department of Airports (CalTrans).

For example, AWOS inspections, runway and taxiway lighting inspections, pavement inspections, clearances, and regulatory navigational aids. - Coordinating with City staƯ and federal agencies on grant opportunities, including the application process and all related documentation. Contractor to provide 351
information including monthly flight logs, traƯic volumes, aircraft specific and commercial government or general aviation.
- Coordinating with appropriate volunteer leaders and Non-Governmental Organizations (NGOs) all special events related to the Airport with City support, including community initiatives such as military appreciation days, Young Eagles events, local school field trips, and aviation promotion to foster goodwill and increase traƯic (e.g., targeting a 30% increase in governmental and/or commercial operations as demonstrated in similar engagements).
- Attending meetings and conferences with governmental, civic, and aviation organizations, as well as participating in City Airport committee and staƯ meetings as needed.
- Assist City with managing all RFPs, bids, and accounts payable related to airport operations, in accordance with City policies and procedures. - Overseeing the conduct of aviation operations to ensure the safety of all persons, aircraft, and facilities as required by federal, state, and local aviation regulations. - Coordinating trips, fostering positive relationships, and supporting growing activity with multiple charter companies (e.g., Net Jets, Flight Options, Executive Jets, Wheels Up) and after-hours/weekend airport services.
- Ensuring runway and taxiways are open and clear; coordinating ground operations, including baggage and catering; managing all fueling; planning and coordinating VIP arrivals and departures.
- Developing and implementing safety policies and best management practices; maintaining an eƯective working relationship with agencies including the FAA, EPA, Secret Service, FBI, ATF, CIA, and local fire and transportation departments. - Managing the airport environmental compliance safety programs, including storm water, air quality, and lease-directed programs (e.g. temporary ground leases for governmental/commercial operations/training exercises) ; responsible for the Spill Prevention Control and Countermeasures Plan (SPCC Plan). 352
- Serving as the point of contact for regulatory entities, including: Placer County Agriculture / Weights and Measures Department ; California Energy Commission annual filing requirement California retail fuel outlet annual report (CEC-A15); Placer County Air Pollution Control District (Compliance and Enforcement Manager); Placer County Department of Health and Human Services Environmental Health Division ( REHS Registered Environmental Health Specialist); Ramos Environmental Services (used oil hazmat Hazardous Waste Haulers); Placer County Assessor’s OƯice, Annual Listing of Aircraft (Assessor); Weed Control Applicator, Placer County Department of Agriculture (Site I.D. 31-08-312413A, issuing oƯicer); Member of Airport California Monitoring Group (Barnes & Thornburg LLP) Storm Water Inspector; Glide Slope calibration (FAA); AWOS (Automated Weather Observation System) maintenance of LHM AWOS II system; Serving as the airport security coordinator as defined by the Transportation Security Administration (TSA).
- Operating the Airport’s Unicom radio and issuing all necessary public information about airport operations and status.
- Properly handling and dispensing hazardous materials; assist in managing ground aircraft traƯic control; managing responsible habitat practices to minimize bird strikes.

City Obligations: The City will oversee high-level strategic functions, including final approval of any operational plans or changes that impact budgets or capital projects, and will handle any escalations related to grant funding or regulatory disputes beyond the Contractor's point-of-contact role.

3. Maintenance of Facilities and Grounds
Contractor Obligations: The Contractor shall perform comprehensive maintenance of facilities and grounds to keep LHM in optimal condition, promoting sustainability and operational excellence. This includes:
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- Maintenance of runways, aprons, taxiways, and other paved surfaces including foreign object debris (FOD) removal to maintain FOD free surfaces, assist with crack filling, assist with pothole repair and patch paving as necessary; grass mowing as necessary; upkeep of pilot amenities, bathrooms (3+) and facilities, including the pilots’ lounge and modular oƯice building.
- Inspecting and reporting conditions of all airport facilities to the City, including pavement, buildings, navigation aids, beacons, airfield lighting, and operational equipment. Reports shall be submitted in writing monthly or as issues arise, with recommendations for repairs or improvements.
- Performing daily DMV Vehicle Inspection: Walk-around; check tires, wheels, and rims; check brakes, lights, and electrical; check for leaks, cracks, wires, suspension, and exhaust; check fuel tanks, manhole cover, vents, and gaskets; check (P.T.O.) Power Take-oƯs; check fuel hoses, fuel lines, and fuel levels; check all hoses and couplings connections; check Prest (Anti-icing agent) injection pump, compressor, and levels (Jet only); check all liquid levels (coolant, oil, grease, power steering, engine compartment, and all belts).
- Maintaining Rotating Beacon, taxiway, runway lights, windsock, PAPI, and helipad lights (replace broken or burned-out bulbs).
- Checking all auto gates/walk-through gates for correct limits on opening & closing mechanisms; troubleshoot and repair as needed.
- Maintaining clear zones and turf areas; maintaining airport oƯice building. - Checking runway, taxiways, and run-up areas for debris, and sweeping with sweeper if necessary.
- Tarmac check: Weed control spraying with tractor, weed cutting with airport tractor, sidewalks, runway/taxiways, parking lot, and aircraft ramp to maintain weed free surfaces.
- Performing basic carpentry, roof, painting, plumbing, and electrical repairs (plumbing and electrical repairs that warrant professional technicians will be subcontracted); operating airport tractors, mowers, power and hand tools; 354
conducting preventive maintenance on airport tractors, mowers, power and hand tools.
- Maintaining all city-owned hangars: Inspect and repair annually or more frequently as needed; check cables and roll-up and bi-fold doors for correct limits and opening and closing mechanisms. The contractor shall provide notice of any necessary repairs that exceed $2,500 for work pre-authorization, and City must respond within 10 days of notice. If a fire, life safety issue is found during the inspection the contractor will notify the city to initiate immediate mitigation measures. - Checking AWOS for proper operation (transmission) computer printout for conditions that correspond to the current weather.
- Checking PAPI lights for proper calibration of glide slope. - Checking the PCL (Pilot-Controlled Lighting) radio frequency. - Cleaning pilots lounge: mop, vacuum, stock, and disinfect. - Cleaning, stocking, and disinfecting all public restrooms on the airfield.

City Obligations: The City will manage capital projects in coordination with the Contractor's input, including oversight of new hangar construction (anticipated completion in 2026, with ongoing developments adding new hangars) and other developments, and will fund and approve all major infrastructure repairs or upgrades.

4. Aircraft Fueling Services
Contractor Obligations: The Contractor shall provide reliable aircraft fueling services. This includes:
- Coordinating directly with fuel vendor for supplying airport with required fuels for distribution (e.g. 100LL and Jet A fuels) using fuel trucks or partnerships. Perform American Petroleum Institute (A.P.I.) gravity test, and white bucket test. 355
- Providing all employees for fueling operations seven days per week from 0530 to 1700 equally eleven (11) hours per day or as modified per mutual agreement, with after-hours call-out capability.
- Conducting daily quantity volume checks and weekly future projections to ensure suƯicient fuel volumes, preventing shortages.
- Exploring phased enhancements, such as installation of self-serve options or expanded terminals, based on demand analysis to support growth in fuel sales. - Refueler inspection & A.S.T. fuel (Aboveground Storage Tank): Sump all fuel tanks, perform A.P.I. gravity test, filter membrane test, and white bucket test. - Fuel farm Inspection: A.S.T. (Aboveground Storage Tanks): Walk-around check for dirt, rust, leaks, and deteriorating material; check piping for leaks, cracks, smell, and labeling; inspect hoses, filters, bonding cables, and fire extinguishers; check power, alarm warnings, alarm history, and monitoring system; check fuel levels. - Fueling of based airport tenants, flight schools, transient customers, and quick turn-around fueling.
- Taxiing in, parking, and fueling of Jet aircraft both over the wing and single point fueling, quick turn-around fueling, including helicopters private, commercial, and charter flights.
- Establishing and encouraging polite, friendly, customer-oriented service for all travelers, pilots, tenants, and other guests of the airport. - Logging fuel sales best (book keeping) practices; checking current area fuel pricing. Fuel price setting and markup will be directed by the City and coordinated in partnership with the Contractor to maintain regional market alignment.

Contractor shall post fuel prices to aviation outlets and notify City of price changes to keep current pricing advertised.
356
City Obligations: The City will approve any fuel pricing strategies or major fuel infrastructure changes, ensuring alignment with enterprise fund goals, but will not perform fueling operations or inspections.

5. Aircraft Ramp and Ground Services
Contractor Obligations: The Contractor shall deliver eƯicient ramp and ground handling services to support general aviation needs, aligned with the Contractor's FBO Manual and operational checklists. This includes:
- Towing, parking guidance, marshalling, and other ramp services for aircraft, including tie-downs and movement on the apron and surrounding areas. - Tie-down check: Check daily for new aircraft utilizing parking spaces. - Assist with hangar rentals and cancellations; tie-down rentals and cancellations; tracking airport activity to aide the city in confirming payment and collections of hangars and tie-down issues.

City Obligations: The City will manage tie-down and hangar rentals including lease administration (including 220 tee hangar spaces, 98 privately owned, with additional hangars under construction), collecting monthly fees, and receiving detailed receivables listings from the Contractor. City and contractor to develop enforcement standard operating procedures to delineate process, timelines and responsibilities.

6. Marketing and Business Development
Contractor Obligations: The Contractor shall assist in expanding commercial and private pilot activities through proactive marketing and development, drawing from proven strategies in the proposal. This includes:
- Assisting with marketing plans for bringing new aviation opportunities to LHM, such as targeting aerospace manufacturing, MRO facilities, drone/UAV centers, 357
advanced manufacturing, aviation education, aviation tech/software, air cargo/logistics, flex industrial/warehousing, and government/defense contractors. - Promoting community events like holiday uplifts, aviation education initiatives, and targeted outreach to increase military/governmental traƯic (e.g., by 30% as at similar airports) through contacts, facility adaptations for training, and event hosting.
- Conducting demand analyses to phase in additional services, such as aircraft chartering, sales, specialized maintenance, and expanded pilot amenities. - The Contractor to develop the Airport Operations proposed budget and provide to the city by February 1st annually.

City Obligations: The City will coordinate with the Contractor to develop the Airport budget and include in the City budget for City Council adoption. Provide final approval for all marketing plans. With the concurrence of the City, assist the Contractor in developing, negotiating, and coordinating tenant leases for commercial activity, aircraft storage, and land use.

7. Record Keeping and Compliance
Contractor Obligations: The Contractor shall maintain accurate records and ensure compliance with all regulatory requirements. This includes:
- Responsible for all airport regulatory documentation, both digital and hardcopy. - Responsible for all regulatory on-site and surprise state and county inspections:

Fuel dispenser inspection; AST (Aboveground Storage Tanks) 12,850-gallon fuel tank inspection; Refueler inspection; Filter element inspection; Filter membrane test inspection.
- Maintaining electronic and hard copy log of airport activities or incidents that may be noteworthy to the Airport Authority accessible by City staƯ at all times. 358
City Obligations: The City will oversee compliance audits related to leases and finances, ensuring integration with overall municipal records, but will not handle daily regulatory documentation or inspections.

8. Key Performance Indicators (KPIs)
The Contractor shall adhere to the following Key Performance Indicators, which shall be measured and reported monthly to the City. The Contractor shall track and report KPI performance monthly as part of its standard reporting obligations under Section 7.

These KPIs support safety, operational excellence, customer service, regulatory compliance, and facility condition. Failure to meet established targets for three (3) consecutive months or any single critical safety KPI may be considered a material breach under the Agreement.

A. Safety & Compliance: Zero runway incursions or serious safety incidents attributable to Contractor operations; 100% timely issuance and coordination of NOTAMs; 100% compliance with all FAA, CalTrans, TSA, EPA, and other regulatory inspections and reporting requirements.

B. Maintenance Response: Mean Time To Repair (MTTR) for maintenance issues ≤ 4 hours for urgent items and ≤ 24 hours for non-urgent items (excluding City-approved major repairs > $2,500); 95% Preventive Maintenance (PM) completion rate per the schedule in Exhibit 2.

C. Facility & Grounds Condition: 98% FOD-free surfaces on runways, taxiways, and ramps (daily checks); weekly weed-free and clean condition of aprons, sidewalks, and public areas; pilots’ lounge and restrooms maintained in clean, stocked, and sanitary condition at all times during operating hours.

D. Fueling & Ramp Services: 100% availability of fueling services during published hours (0530–1700 or as mutually agreed); average aircraft turnaround time ≤ 20 minutes for standard fueling/ramp requests; zero fuel spills or environmental incidents.
359
E. Customer Service & Operations: Customer satisfaction score ≥ 90% (measured via quarterly surveys or comment cards); timely coordination of special events and charter/VIP operations with no avoidable delays; accurate and complete monthly record-keeping and reporting.

F. Reporting & Administrative: Submission of all required monthly reports (inspections, fuel logs and sales, maintenance activities, incidents) by the 5th business day of the following month.

The City and Contractor may mutually agree in writing to revise or add specific measurable targets to these KPIs during the term.

Financial & Revenue Growth KPIs (tied to Marketing and Business Development – Section 6):

A. Total Fuel Sales Volume: Achieve year-over-year (YOY) growth in total 100LL and Jet A fuel gallons dispensed of at least 3% annually (measured quarterly against the same period in the prior year), supported by marketing efforts targeting charter operators, flight schools, transient traffic, and new business development.

B. Fuel Revenue Contribution: Contribute to a minimum 4% annual increase in overall Airport fuel-related revenue (including flowage fees), through proactive business development and pricing coordination with the City.

C. Aircraft Operations Growth: Achieve a minimum 3% year-over-year increase in total aircraft operations (takeoffs and landings) as reported in monthly flight logs, with focused efforts toward growth in commercial, governmental, and military operations.

D. New Business Development: Secure or assist in onboarding at least 1 new tenant, commercial operator, or aviation-related business per year (e.g., aerospace manufacturing support, MRO, drone/UAV, or aviation education entities), as evidenced by signed letters of intent or lease referrals to the City.

E. Based Aircraft Growth: Achieve a net increase of at least 2–3% in based aircraft (by count and/or tiedown/hangar utilization) annually through 360
marketing and relationship-building with charter companies, flight schools, and corporate users.

F. Marketing & Event Impact: Conduct or support a minimum of 6 community or promotional events per year (e.g., Young Eagles, military appreciation days, school field trips) and track associated incremental fuel sales or operations attributable to these events where reasonably measurable.

The City and Contractor may mutually agree in writing to revise, add, or adjust specific measurable targets to these KPIs during the term based on actual baseline data, Airport performance, market conditions, and infrastructure developments (such as new hangars).

9. Lease Administration
The City and contractor endeaver to explore contracting lease administration in the future which would entail an amendment to the agreement. 361
Option and Tower Structure License Agreement dated 8.28.2024 Final Market: Northern California
Cell Site Number: CVL02485
Cell Site Name: McBean Park
Search Ring Name: CVL02485_SR
Fixed Asset Number: 15549738

OPTION AND TOWER STRUCTURE LICENSE AGREEMENT
THIS OPTION AND TOWER STRUCTURE LICENSE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of Lincoln, a municipal corporation, having a mailing address of 600 6th St, Lincoln, CA 95648 (“Licensor”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”).

BACKGROUND
Licensor owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, improved with a tower structure (the “Tower”), together with all rights and privileges arising in connection therewith, having a common street address of 61 McBean Park Dr, City of Lincoln, in the County of Placer, State of California 95648 [APN:008-330-001-000,008-330-002-000,008-180-004-000,008-220-009-000] (collectively, the “Property”). Licensor desires to grant to Licensee the right to use a portion of the Property in accordance with this Agreement.

The parties agree as follows:

1. OPTION TO LICENSE.
(a) Licensor hereby grants to Licensee an option (the “Option”) to license a portion of the Property consisting of:
(i) Approximately four hundred twenty (420) square feet of ground space, as described on attached Exhibit 1, for the placement of Licensee’s equipment (the “Ground Space”); (ii) The portion of the Tower selected by Licensee and dedicated for Licensee’s exclusive use, and consisting of an envelope of ten (10) contiguous vertical feet of space within which any portion of Licensee’s communication equipment and improvements might be located, operated or maintained (the “Primary RAD Space”). The Primary RAD Space includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to such 10-foot vertical envelope and any portion of vertical space on the Tower on which Licensee’s communication equipment is located. The location of the Primary RAD Space is identified in Exhibit 1. At any time during the Term of this Agreement, Licensee may use portions of the Tower outside of, but adjacent to, the Primary RAD Space to accommodate Licensee’s improvements and equipment that extend outside the Primary RAD Space (the “Extended Primary RAD Space”), subject to Licensor’s confirmation that the space is available and that sufficient structural loading capacity is available or can be made available through structural modifications of the Tower. The Primary RAD Space, as it might be expanded by the Extended Primary RAD Space at any time during the Term of this Agreement, shall continue to be referred to as the Primary RAD Space;
(iii) Those certain areas where Licensee’s conduits, wires, cables, cable trays and other necessary connections (and the cables, wires, and other necessary connections and improvements of such third parties related to Licensee, such as Licensee’s utility providers) are located between the Ground Space or Incremental Ground Space, and the Primary RAD Space or any Additional RAD Space and the electric power, telephone, fiber, and fuel sources for the Property (hereinafter collectively referred to as the “Connection Space”).

Licensor agrees that Licensee shall have the right to install connections between Licensee’s equipment in the Ground Space and Primary RAD Space; and between Licensee’s equipment in the Ground Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Licensor further agrees that Licensee shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right-of-way extending from the aforementioned public right-ofDocusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36227
2 Option and Tower Structure License Agreement dated 8.28.2024 Final way to the Premises. The Ground Space, Primary RAD Space, and Connection Space, are hereinafter collectively referred to as the “Premises.”
(b) During the Option period and any extension thereof, and during the term of this Agreement, Licensee and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Licensee’s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Licensee, are necessary in Licensee’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Licensor’s title to the Property and the feasibility or suitability of the Property for Licensee’s Permitted Use, all at Licensee’s expense. Licensee will not be liable to Licensor or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Licensee’s inspection. Licensee will restore the Property to its condition as it existed at the commencement of the Initial Option Term (as defined below), reasonable wear and tear and casualty or other causes beyond Licensee’s control excepted. (c) In consideration of Licensor granting Licensee the Option, Licensee agrees to pay Licensor the sum of One Thousand and No/100 Dollars ($1,000.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Licensee for an additional one (1) year upon written notification to Licensor and the payment of an additional One Thousand and No/100 Dollars ($1,000.00) no later than ten (10) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the “Option Term.”
(d) The Option may be sold, assigned or transferred at any time by Licensee without the written consent of Licensor. Upon notification to Licensor of such sale, assignment or transfer, Licensee shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
(e) During the Initial Option Term and any extension thereof, Licensee may exercise the Option by notifying Licensor in writing. If Licensee exercises the Option, then Licensor licenses the Premises to the Licensee subject to the terms and conditions of this Agreement. If Licensee does not exercise the Option during the Initial Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other.
(f) If during the Option Term, or during the Term if the Option is exercised, Licensor decides to subdivide, sell, or change the status of the zoning of the Premises, the Property or any of Licensor’s contiguous, adjoining or surrounding property (the “Surrounding Property”), or in the event of a threatened foreclosure on any of the foregoing, Licensor shall immediately notify Licensee in writing. Licensor agrees that during the Option Term, or during the Term if the Option is exercised, Licensor shall not initiate or consent to any change in the zoning of the Premises, the Property or the Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Licensee from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable.

2. PERMITTED USE.
(a) Licensee may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (the “Communication Facility” or “Communication Facilities”), as well as the right to test, survey and review title on the Property; Licensee further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services (collectively, the Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36328
3 Option and Tower Structure License Agreement dated 8.28.2024 Final “Permitted Use”). Licensor and Licensee agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Licensee’s Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Licensor’s execution of this Agreement will signify Licensor’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Licensor grants Licensee, its licensees and sublicensees, the right to use such portions of the Licensor’s Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Licensee has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Licensee’s Permitted Use, including the right to construct a fence around the Premises or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Licensee’s safety procedures or applicable law, and undertake any other appropriate means to secure the Premises or equipment at Licensee’s expense. Licensee may install, modify, supplement, replace, upgrade, expand the Communication Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Premises at any time during the Term, with approval by Licensor, which such approval shall not be unreasonably withheld, delayed or conditioned. Licensee may also be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations.
(b) Licensor agrees that Licensee may use and occupy additional space on the Tower at any additional RAD center(s) (each, an “Additional RAD,” and the additional space that Licensee uses or occupies, the “Additional RAD Space”) upon the same terms and conditions set forth herein, provided that such space is available or becomes available and subject to Licensee’s confirmation that sufficient structural loading capacity is available or can be made available through structural modification of the Tower. Additional RAD Space includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to any portion of vertical space on the Tower on which the incremental equipment is located, operated, or maintained.

3. TERM.
(a) The initial license term will be five (5) years (the “Initial Term”), commencing on the effective date of written notification by Licensee to Licensor of Licensee’s exercise of the Option (the “Term Commencement Date”). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Licensee notifies Licensor in writing of Licensee’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. (c) Unless (i) Licensor or Licensee notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly Rent during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Licensee remains in possession of the Premises after the termination of this Agreement, then Licensee will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement.
(d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the “Term.” Notwithstanding anything to the contrary contained in this Agreement, neither the licenses granted to Licensee in this Agreement nor this Agreement are revocable at will, and may only be terminated in accordance with the terms specified in this Agreement.

4. RENT.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36429
4 Option and Tower Structure License Agreement dated 8.28.2024 Final (a) Commencing on the first day of the month following the date that Licensee commences construction (the “Rent Commencement Date”), Licensee will pay Licensor on or before the fifth (5th) day of each calendar month in advance, Three Thousand and No/100 Dollars ($3,000.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Licensee to Licensor within ninety (90) days after the Rent Commencement Date.
(b) In the event that Licensee uses or occupies an Additional RAD, Rent shall be increased by Two Hundred Fifty and No/100 Dollars ($250.00) per month per each Additional RAD (the “Additional RAD Rent”).

The initial amount of Additional RAD Rent shall be subject to adjustment as provided in Section 4(e) of this Agreement.
(c) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by Three Percent (3%) over the Rent paid during the previous year.
(d) All charges payable under this Agreement such as utilities and taxes shall be billed by Licensor within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Licensor, and shall not be payable by Licensee. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Licensor. The provisions of this subsection shall survive the termination or expiration of this Agreement.

5. APPROVALS.
(a) Licensor agrees that Licensee’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Licensee’s ability to obtain and maintain all Government Approvals. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Licensee with such applications and with obtaining and maintaining the Government Approvals. (b) Licensee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Licensee may also perform and obtain, at Licensee’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Licensee’s use of the Premises will be compatible with Licensee’s engineering specifications, system, design, operations or Government Approvals.

6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods. (b) by Licensee upon written notice to Licensor, if Licensee is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Licensee; or if Licensee determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
(c) by Licensee, upon written notice to Licensor, if Licensee determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Licensee upon written notice to Licensor for any reason or no reason, at any time prior to commencement of construction by Licensee; or
(e) by Licensee upon sixty (60) days’ prior written notice to Licensor for any reason or no reason, so long as Licensee pays Licensor a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Licensee under any termination provision contained in any other section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 18 Condemnation or Section 19 Casualty.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36530
5 Option and Tower Structure License Agreement dated 8.28.2024 Final

7. INSURANCE. Licensee shall carry and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Licensee. (a) SCOPE AND LIMIT OF INSURANCE. Coverage shall be as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits of $2,000,000 per occurrence and $4,000,000 general aggregate.
(ii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of $1,000,000 per accident for bodily injury or disease and policy limit. (This applies to lessees with employees). (iii) Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. Licensee self-insures this risk. (b) OTHER INSURANCE PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The Licensor, its officers, officials and employees are to be included as additional insureds by endorsement on the CGL policy with respect to liability caused, in whole or in part, by work or operations performed by or on behalf of the Licensee in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (ii) Primary Coverage. For any claims related to this contract, the Licensee’s insurance CGL coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 as respects the Licensor, its officers, officials and employees. Any insurance or self-insurance maintained by the Licensor, its officers, officials and employees shall be excess of the Licensee’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies if required to meet the required limits. (iii) Umbrella or Excess Policy. The Licensee may use any combination of Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, primary and non-contributory, additional insured and defense requirements. (iv) Notice of Cancellation. Licensee will provide a least thirty (30) days written notice to Licensor of cancellation of any required coverage that is not replaced. (v) Waiver of Subrogation. To the extent permitted by law, Licensee hereby grants to Licensor a waiver of any right to subrogation which any insurer of said Licensee may acquire against the Licensor by virtue of the payment of any loss under such insurance. Licensee agrees to carry any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Licensor has received a waiver of subrogation endorsement from the insurer, except for Licensee’s self-insured property coverage where Licensee shall include Licensor as joint loss payee in lieu of waiver of subrogation and such status as joint loss payee shall void the requirement for waiver of subrogation for Licensee’s self-insured property coverage.
(vi) Self-Insured Retentions. Any and all SIRs shall be the sole responsibility of Licensee who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
(vii) Acceptability of Insurers. Insurance is to be placed with insurers eligible to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII. (viii) Verification of Coverage. Licensee shall furnish the Licensor with certificates of insurance and amendatory endorsements of coverage required by this clause. However, failure to carry the required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. (ix) Special Risks or Circumstances. Licensor reserves the right, but not more frequent than once every five (5) years and upon at least sixty (60) days written notice to Licensee, to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36631
6 Option and Tower Structure License Agreement dated 8.28.2024 Final of comparable buildings in the vicinity of the building are generally requiring Licensees leasing space comparable in size to the Licensed Premises and in such comparable buildings to maintain higher levels of coverage.

8. INTERFERENCE.
(a) Prior to or concurrent with the execution of this Agreement, Licensor has provided or will provide Licensee with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date.

Licensee warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Licensor will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will notify Licensee in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Licensor will not, nor will Licensor permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Licensee. In the event any such interference does not cease within the aforementioned cure period, Licensor shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.

9. INDEMNIFICATION.
(a) Licensee agrees to indemnify, defend and hold Licensor harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Licensee’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensor, its employees, invitees, agents or independent contractors.
(b) Licensor agrees to indemnify, defend and hold Licensee harmless from and against any and all injury, loss, damage or liability , costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the actions or failure to act of Licensor, its employees, invitees, agents or independent contractors, or Licensor’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensee, its employees, agents or independent contractors.
(c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.

10. WARRANTIES.
(a) Licensee and Licensor (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36732
7 Option and Tower Structure License Agreement dated 8.28.2024 Final (b) Licensor represents, warrants and agrees that: (i) Licensor solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and solely owns the Tower; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Licensee’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Licensor grants to Licensee sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Licensor; (iv) Licensor’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Licensor; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Licensor will provide promptly to Licensee a mutually agreeable subordination, non-disturbance and attornment agreement executed by Licensor and the holder of such security interest.

11. ENVIRONMENTAL.
(a) Licensor represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestoscontaining materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Licensor and Licensee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. (b) Licensor and Licensee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Licensor agrees to hold harmless and indemnify Licensee from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensor for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Licensor during the Term. Licensee agrees to hold harmless and indemnify Licensor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensee for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Licensee.
(c) The indemnification provisions contained in this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Licensee becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Licensee’s sole determination, renders the condition of the Premises or Property unsuitable for Licensee’s use, or if Licensee believes that the leasing or continued leasing of the Premises would expose Licensee to undue risks of liability to a government agency or other third party, then Licensee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Licensor.

12. ACCESS. At all times throughout the Term of this Agreement, Licensee and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Licensor grants to Licensee such Access and Licensor agrees to provide to Licensee such codes, keys and other instruments necessary for such Access. Licensor shall execute a letter granting Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36833
8 Option and Tower Structure License Agreement dated 8.28.2024 Final Licensee Access to the Property substantially in the form attached as Exhibit 12; upon Licensee’s request, Licensor shall execute additional letters during the Term. If Licensee elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, Licensor hereby grants Licensee, or any UAS operator acting on Licensee’s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Licensor acknowledges that in the event Licensee cannot obtain Access to the Premises, Licensee shall incur significant damage. If Licensor fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Licensee under this Agreement or at law or equity, Licensor shall pay Licensee, as liquidated damages and not as a penalty, $500.00 per day in consideration of Licensee’s damages until Licensor cures such default. Licensor and Licensee agree that Licensee’s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages.

13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Licensee will be and remain Licensee’s personal property and, at Licensee’s option, may be removed by Licensee at any time during or after the Term. Licensor covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Licensee will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Licensor that all improvements of every kind and nature constructed, erected or placed by Licensee on the Premises will be and remain the property of Licensee and may be removed by Licensee at any time during or after the Term. Licensee will repair any damage to the Property resulting from Licensee’s removal activities. Any portions of the Communication Facility that Licensee does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Licensee’s operations at the Premises shall be deemed abandoned and owned by Licensor. Licensee will also be responsible for the replacement of any trees, shrubs or other vegetation substantially damaged as a result of Licensee’s removal activities.

14. MAINTENANCE/UTILITIES.
(a) Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted.
(b) Licensor will maintain and repair the Property and access thereto, the Tower, and all areas of the Premises where Licensee does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Licensor will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Licensee as a condition of this Agreement or any required permit.

Licensor shall maintain the Tower’s structural integrity at all times (which shall mean that at no time will Licensor allow the Tower’s condition to become, or remain, overstressed under the applicable structural standards set forth in the then-current version of the ANSI TIA-222). Licensor shall at all times during the Term of this Agreement reserve and have ready for Licensee’s immediate use sufficient structural loading capacity on the Tower to support Licensee’s installation of up to thirty-five thousand square inches (35,000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower (the “Allowed Wind Load Surface Area”). “Wind Load Surface Area” means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance (excluding all mounts, platforms, cables and other non-operating equipment) at ninety degrees (90º) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors.

Licensor shall be responsible for the costs of all structural modifications to the Tower; provided that Licensee shall be responsible for the costs of all structural modifications to the Tower required to provide the Allowed Wind Load Surface Area for the Communication Facility, including the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Primary RAD Space will require structural modifications to comply with the Structural Standards, Licensee will pay Licensor for the portion of the structural modifications that is necessary to support Licensee’s loading in excess of the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Additional RAD Space will require structural modifications Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 36934
9 Option and Tower Structure License Agreement dated 8.28.2024 Final to comply with the Structural Standards, Licensee may, in its sole discretion, pay Licensor either (i) the portion of the structural modifications that is necessary to support Licensee’s loading in excess of the Allowed Wind Load Surface Area; or (ii) an incremental increase in Rent in accordance with Section 4(d) of this Agreement. In no event shall Licensee be responsible for Tower modification costs to support the installations of other licensees or for the Tower to comply with applicable law so long as Licensee’s installation is within the Allowed Wind Load Surface Area.
(c) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. In the event Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to sub-meter from Licensor. When sub-metering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensee shall reimburse Licensor for such utility usage at the same rate charged to Licensor by the utility service provider. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within sixty (60) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee.
(d) As noted in Section 4(d) above, any utility fee recovery by Licensor is limited to a twelve (12) month period. If Licensee sub-meters electricity from Licensor, Licensor agrees to give Licensee at least twentyfour (24) hours advance notice of any planned interruptions of said electricity. Licensor acknowledges that Licensee provides a communication service which requires electrical power to operate and must operate twentyfour (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Licensee’s reasonable determination, Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration of the interruption. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor. (e) Licensee will have the right to install utilities, at Licensee’s expense, and to improve present utilities on the Property and the Premises. Licensor shall grant to any service company providing utility or similar services, including electric power and telecommunications, the necessary access rights over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises.

Upon service company’s request, Licensor will execute a separate recordable easement evidencing this grant, at no cost to Licensee or the service company.

15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Licensee and a breach of this Agreement: (i) nonpayment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Licensor of such failure to pay; or (ii) Licensee’s failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Licensor specifying the failure. No such failure, however, will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensee. If Licensee remains in default beyond any applicable cure period, then Licensor will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Licensor and a breach of this Agreement: (i) Licensor’s failure to provide Access to the Premises as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii) Licensor’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Licensor’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Licensee specifying the failure. No such failure, however, will be deemed to exist Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37035
10 Option and Tower Structure License Agreement dated 8.28.2024 Final if Licensor has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensor. If Licensor remains in default beyond any applicable cure period, Licensee will have: (i) the right to cure Licensor’s default and to deduct the costs of such cure from any monies due to Licensor from Licensee, and (ii) any and all other rights available to it under law and equity.

16. ASSIGNMENT/SUBLEASE.
(a) Licensee will have the right to assign, sell or transfer (“Transfer”) its interest under this Agreement, in whole or in part, without Licensor’s consent, only to: (i) an Affiliate of Licensee, or (ii) any entity that acquires all or substantially all of Licensee’s assets in the market, as defined by the Federal Communications Commission, in which the Property is located. Upon notification to Licensor of such Transfer, the assignor will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such Transfer. Licensee will also have the right to sublease or license the Premises, in whole or in part, without Licensor’s consent, only to an Affiliate of Licensee. Licensee shall not otherwise have the right to Transfer this Agreement, or sublease or license the Premises, without Licensor’s prior written consent. (b) Upon Licensor’s approval of Licensee’s request to sublease or license any portion of Licensee’s Premises to a third party (other than to an Affiliate of Licensee) (each such non-Affiliate third party, a “Subsequent User”), then Licensee shall include a condition in its sublicense, license or other use agreement with each Subsequent User, that the Subsequent User must enter into a separate lease, license or other agreement with Licensor for separate ground space on the Property and/or Tower space. Licensor and Licensee confirm that the foregoing obligation shall not apply to any sublicense, license or other use agreement between Licensee and any Affiliate of Licensee. For the avoidance of doubt, Licensor shall be entitled to all rent or fees derived from Licensor’s separate leasing or licensing of ground space and Tower space to a Subsequent User, and Licensee shall be entitled to all rent or fees derived from Licensee’s subleasing or licensing its space within its Premises.

Licensor covenants and agrees that it shall make such additional ground and/or Tower space available to each Subsequent User to the extent that space is reasonably available and otherwise on terms and conditions reasonably comparable to those contained in this Agreement. Licensor and Licensee agree to cooperate with each other in good faith to effectively and efficiently carry out the provisions of this section regarding the potential for sublicensing or licensing of space to Subsequent Users. Any sublicense or license that is entered into by Licensee shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto.

17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:

If to Licensee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CVL02485; Cell Site Name: McBean Park (CA) Fixed Asset #: 15549738
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CVL02485; Cell Site Name: McBean Park (CA) Fixed Asset #: 15549738
208 S. Akard Street
Dallas, TX 75202-4206
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37136
11 Option and Tower Structure License Agreement dated 8.28.2024 Final If to Licensor: City of Lincoln
Parks and Recreation Dept.
600 6th St.

Lincoln, CA 95648

With a copy to: City of Lincoln
City Attorney’s Office
600 6th St.

Lincoln, CA 95648
Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.

18. CONDEMNATION. In the event Licensor receives notification of any condemnation proceedings affecting the Property, Licensor will provide notice of the proceeding to Licensee within twenty-four (24) hours.

If a condemning authority takes all of the Property, or a portion sufficient, in Licensee’s sole determination, to render the Premises unsuitable for Licensee, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Licensee will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Licensee will be entitled to reimbursement for any prepaid Rent on a pro rata basis.

19. CASUALTY. Licensor will provide notice to Licensee of any casualty or other harm affecting the Property within twenty-four (24) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Licensee’s sole determination, then Licensee may terminate this Agreement by providing written notice to Licensor, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property, but only until such time as Licensee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Licensor or Licensee undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property until the reconstruction of the Premises and/or the Communication Facility is completed. If Licensor determines not to rebuild or restore the Property, Licensor will notify Licensee of such determination within sixty (60) days after the casualty or other harm. If Licensor does not so notify Licensee and Licensee decides not to terminate under this Section 19, then Licensor will promptly rebuild or restore any portion of the Property interfering with or required for Licensee’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Licensor agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Licensee places temporary transmission and reception facilities on the Property.

20. WAIVER OF LICENSOR’S LIENS. Licensor waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Licensor consents to Licensee’s right to remove all or any portion of the Communication Facility from time to time in Licensee’s sole discretion and without Licensor’s consent.

21. TAXES.
(a) Licensor shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Licensor including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37237
12 Option and Tower Structure License Agreement dated 8.28.2024 Final gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Licensor. Licensee shall be responsible for (y) any taxes and assessments attributable to and levied upon Licensee’s leasehold improvements on the Premises if and as set forth in this Section 21, and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Licensee.

Nothing herein shall require Licensee to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Licensor.
(b) In the event Licensor receives a notice of assessment with respect to which taxes or assessments are imposed on Licensee’s leasehold improvements on the Premises, Licensor shall provide Licensee with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Licensor does not provide such notice or notices to Licensee in a timely manner and Licensee’s rights with respect to such taxes are prejudiced by the delay, Licensor shall reimburse Licensee for any increased costs directly resulting from the delay and Licensor shall be responsible for payment of the tax or assessment set forth in the notice, and Licensor shall not have the right to reimbursement of such amount from Licensee. If Licensor provides a notice of assessment to Licensee within such time period and requests reimbursement from Licensee as set forth below, then Licensee shall reimburse Licensor for the tax or assessments identified on the notice of assessment on Licensee’s leasehold improvements, which has been paid by Licensor.

If Licensor seeks reimbursement from Licensee, Licensor shall, no later than thirty (30) days after Licensor’s payment of the taxes or assessments for the assessed tax year, provide Licensee with written notice including evidence that Licensor has timely paid same, and Licensor shall provide to Licensee any other documentation reasonably requested by Licensee to allow Licensee to evaluate the payment and to reimburse Licensor. (c) For any tax amount for which Licensee is responsible under this Agreement, Licensee shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Licensor, Licensee, or both, with respect to the valuation of the Premises. Licensor shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Licensee and any refunds or rebates secured as a result of Licensee’s action shall belong to Licensee, to the extent the amounts were originally paid by Licensee. In the event Licensee notifies Licensor by the due date for assessment of Licensee’s intent to contest the assessment, Licensor shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Licensee shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Licensor. (e) Licensee shall have the right but not the obligation to pay any taxes due by Licensor hereunder if Licensor fails to timely do so, in addition to any other rights or remedies of Licensee. In the event that Licensee exercises its rights under this Section 21(e) due to such Licensor default, Licensee shall have the right to deduct such tax amounts paid from any monies due to Licensor from Licensee as provided in Section 15(b) of this Agreement, provided that Licensee may exercise such right without having provided to Licensor notice and the opportunity to cure per Section 15(b).
(f) Any tax-related notices shall be sent to Licensee in the manner set forth in Section 17. Promptly after the Effective Date, Licensor shall provide Licensee’s address to the taxing authority for the authority’s use in the event the authority needs to communicate with Licensee. In the event that Licensee’s tax address changes by notice to Licensor, Licensor shall be required to provide Licensee’s new tax address to the taxing authority or authorities.
(g) Notwithstanding anything to the contrary contained in this Section 21, Licensee shall have no obligation to reimburse any tax or assessment for which the Licensor is reimbursed or rebated by a third party.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37338
13 Option and Tower Structure License Agreement dated 8.28.2024 Final

22. SALE OF PROPERTY.
(a) Licensor may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Licensor’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Licensee or any sublicensee, any obligation of Licensor under this Agreement, including Licensor’s obligation to cooperate with Licensee as provided hereunder.
(b) If Licensor, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property, to a purchaser other than Licensee, Licensor shall promptly notify Licensee in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Licensee’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Licensor or its successor shall send the documents listed below in this Section 22(b) to Licensee. Until Licensee receives all such documents, Licensee’s failure to make payments under this Agreement shall not be an event of default and Licensee reserves the right to hold payments due under this Agreement.
i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9 and CA FTB Form 590
vi. Completed and Signed Licensee Payment Direction Form vii. Full contact information for new Licensor including phone number(s) (c) Licensor agrees not to sell, lease or use any areas of the Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Licensee’s Permitted Use or communications equipment as determined by radio propagation tests performed by Licensee in its sole discretion. Licensor or Licensor’s prospective purchaser shall reimburse Licensee for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee, Licensor shall be prohibited from selling, leasing or using any areas of the Property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment.
(d) The provisions of this Section 22 shall in no way limit or impair the obligations of Licensor under this Agreement, including interference and access obligations.

23. RIGHT OF FIRST REFUSAL. Intentionally deleted.

24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Licensor and Licensee. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum of License. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of License substantially in the form attached as Exhibit 24(b). Either party may record this Memorandum of License at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of License. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Licensee and Licensor each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37439
14 Option and Tower Structure License Agreement dated 8.28.2024 Final (d) Compliance with Law. Licensee agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Licensee’s use of the Communication Facility on the Property.

Licensor agrees to comply with all Laws relating to Licensor’s ownership and use of the Property and any improvements on the Property.
(e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates.
(g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law.
(h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
(i) Affiliates. All references to “Licensee” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Licensee pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9/FTB 590. As a condition precedent to payment, Licensor agrees to provide Licensee with both a completed IRS Form W-9 and CA FTB Form 590, or their respective equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Licensee, including any change in Licensor’s name or address. A copy of the IRS Form W-9 and CA FTB Form 590 in their current forms are attached hereto as Exhibit 24(k).
(l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Licensor and Licensee. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37540
15 Option and Tower Structure License Agreement dated 8.28.2024 Final fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Licensor, Licensee and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW,

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN

ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. (o) No Additional Fees/Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Licensor and/or Licensee, as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either party to the other party, for any task or service including, but not limited to, review of plans, structural analyses, consents, provision of documents or other communications between the parties. (p) Further Acts. Upon request, Licensor will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Licensee may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and Permitted Use contemplated by this Agreement. [SIGNATURES APPEAR ON NEXT PAGE]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37641
16 Option and Tower Structure License Agreement dated 8.28.2024 Final IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date. “LICENSOR”
City of Lincoln, a municipal corporation

By:

Print Name: _______________________
Its: City Manager
Date:_____________________________

“LICENSEE”
New Cingular Wireless PCS, LLC,
a Delaware limited liability company

By: AT&T Mobility Corporation
Its: Manager
By:

Print Name: _______________________
Its: ______________________________
Date:_____________________________
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 9/9/2024
Sean Scully
Vani Muller
Area Manager
9/10/2024
37742
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 1

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 6 ends

to the Option and Tower Structure License Agreement dated _____________, 2024, by and between City of Lincoln, a municipal corporation, as Licensor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Licensee.

Licensor’s Property of which the Premises are a part is described as follows:

All that certain lease area being a portion of McBean Memorial Park as is described in Deed filed for record at Book 620, Page 531, Official Records of Placer County, located in the City of Lincoln, County of Placer, State of California, and being more particularly described as follows:

Commencing at a 3/4" rebar set for the Easterly terminus of the Northerly centerline of First Street as is shown on that certain Plat of Ravine Meadows filed for record at Book M of Maps at Page 75, Official Records, from which a similar monument bears West 263.20 feet; thence from said point of commencement North 14°16'38" East 564.16 feet to the True Point of Beginning; thence from said point of beginning North 00°28'19" West 35.00 feet; thence South 89°31'41" West 12.00 feet; thence South 00°28'19" East 35.00 feet; thence North 89°31'41" East 12.00 feet to the point of beginning.

Together with a non-exclusive easement for access and utility purposes, fifteen feet in width, the centerline of which is described as follows: Beginning at a point which bears North 89°31'41" East 7.50 feet from the Northeast corner of the above described lease area; thence from said point of beginning South 00°28'19" East 64.83 feet; thence South 74°21'59" East 66.45 feet; thence South 271.59 feet; thence South 48°36'15" West 96.79 feet; thence West 551.2 feet more or less to the public right of way commonly known as "D" Street.

Also together with a non-exclusive easement for utility purposes, six feet in width, the centerline of which is described as follows: Beginning at a point which bears South 89°31'41" East 9.00 feet from the Northwest corner of the above described lease area; thence from said point of beginning North 00°28'19" West 0.68 feet; thence North 78°48'32" West 310.88 feet to a point hereafter defined as Point "A"; thence continuing North 78°48'32" West 35.3 feet more or less to the existing telephone utility box.

Also together with a non-exclusive easement for utility purposes, six feet in width, the centerline of which is described as follows: Beginning at Point "A" as previously defined and running thence South 12°31'05" West 45.0 feet more or less to the existing transformer.

Also together with a non-exclusive easement for access and utility purposes, six feet in width, the centerline of which is described as follows: Beginning at a point which bears South 00°28'19" East 3.90 feet from the Northwest corner of the above described lease area; thence from said point of beginning North 17°17'39" West 8.83 feet; thence West 177.63 feet; thence North 11.1 feet more or less to the proposed stadium light pole/tower location; thence up, over and upon said tower as is necessary to install, operate, and maintain the necessary communications equipment.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 9/10/2024
37843
Option and Tower Structure License Agreement dated 8.28.2024 Final The Premises are described and/or depicted as follows:

AT&T Site Plans Dated September 3,2024, Prepared by Norman Scheel Structural Engineer, and Consisting of Four (4) Pages, Appears on Following Pages] Notes:

1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY .

2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES.

3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.

4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 37944
N 14°27'27" W 300.00'
N 0°00'06" E
100.00'
N 0°00'00" W
113.00'
N 0°00'00" W
113.00' N 90°00'00" E 60.00'
S 0°00'00" E
113.00' S 90°00'00" E 60.00' N 90°00'00" E 59.31' S 90°00'00" E 92.70' S 90°00'00" E 80.00' S 23°55'52" W 124.90' S 0°00'00" E
111.67'
S 0°00'00" E
110.00' N 90°00'00" W 60.00' S 90°00'00" W 60.09' N 90°00'00" W 67.91' N 0°00'00" W

40.00' S 90°00'00" W 40.00' S 90°00'00" W 360.00'
S 0°00'00" E
113.73'
S 0°00'00" W
123.39'
S 0°00'00" E
111.21'
S 0°00'00" W
100.00'
N 48°00'00" E 527.85'
N 42°54'00" E 143.87'
N 48°20'00" E 217.82' S 90°00'00" W 623.32'
S 0°00'00" E
480.76'
N 0°00'00" E
480.76' S 90°00'00" E 540.01'
S 0°00'03" E
809.24'
N 0°00'00" W
809.24'
S 0°00'00" E
400.00' N 90°00'00" E 280.00' N 90°00'00" E 280.00'
S 0°00'00" E
400.00'
N 0°00'00" E

50.00' N 0°00'00" E50.00' N 0°00'00" W

50.00' N 90°00'00" E 130.00' N 90°00'00" E 130.00' N 90°00'00" E 130.00' N 0°00'00" W
150.00'
N 0°00'00" W
150.00' N 90°00'00" E 130.00'
N 0°00'00" W
150.00' N 90°00'00" E 20.00' S 90°00'00" E 80.00'
S 0°00'00" E

50.00' N 90°00'00" E 130.00' S 90°00'00" E 20.00' N 90°00'00" E 30.00' N 90°00'00" E 100.00' S 0°00'00" W

50.00' N 90°00'00" W 30.00'
S 0°00'00" E

50.00'
N 0°00'00" E

50.00' S 0°00'00" E50.00' N 90°00'00" E 130.00'
S 0°00'00" E

50.00' S 90°00'00" E 130.00'
S 0°00'00" E
100.00'
N 0°00'00" E
100.00' S 90°00'00" E 130.00'
S 0°00'00" E
150.00' N 90°00'00" E 80.00' S 90°00'00" E 130.00' N 90°00'00" E 20.00' S 90°00'00" E 130.00' N 0°00'00" E
150.00' N 90°00'00" E 130.00'
S 0°00'00" E
150.00'
S 0°00'00" W
150.00' S 90°00'00" E 130.00'
S 0°00'00" E
150.00' N 90°00'00" E 80.00'
S 0°00'00" E
150.00' S 90°00'00" W 130.00' D =8 1° 3 7 '19 " R = 1 0. 5 9' L= 1 5 .09 ' D =8 6° 03 ' 26 " R=9 .4 1 ' L=14. 14' D = 123 °3 2 '38 " R=1. 78 ' L = 3 .83' D = 8 6 ° 2 7 '5 7" R = 23. 6 6 ' L = 3 5 .7 1' D =9 6°5 7'5 0 " R= 2. 35' L= 3 .9 7' D = 17 ° 26 '5 9 " R= 5 3. 9 0' L =1 6 .4 2' D= 1 2 °2 7' 1 8" R =39 .7 4' L= 8 .6 4' D =9 2° 26 '5 2" R = 50 .40' L= 81 .3 2' D = 10 7°17 '2 3" R= 14 .43' L=2 7. 0 2 ' D= 25 °01' 19 " R=4 2.4 4' L =18. 53 ' D =7 6° 45' 5 6" R=1 1. 6 9 ' L =1 5. 67' D = 3 3° 0 0' 59 " R =9 8 .5 4' L = 56 .7 8 ' D= 3 0 °1 0' 2 8" R = 93 .7 7 ' L = 4 9. 38 ' D=154°51'3 9" R=1 .9 4' L =5. 25' D= 82 °4 3' 01" R= 1 7. 60' L =2 5. 41' D= 30° 20'03 "R = 4 5. 33' L =2 4.0 ' D= 9 2° 3 4' 4 8" R= 10 .6 1 ' L = 17 . 15 ' D = 12 9° 35 '35 " R=2 .0 9' L= 4.7 2' D =5 8° 01'1 7" R = 2 4 .62 ' L= 24.9 3 ' D =11 5 °12'4 4" R =2 .48' L= 4.9 8' D= 70 °27' 56 " R= 3.6 4' L= 4.4 7' D = 16 1 °0 1' 40 " R= 1. 14' L = 3 .2 1' D= 1 0 2 °4 8' 41 " R =1 .9 2' L =3 .4 5' D=15 1 °1 1' 56 " R = 1.1 3' L = 2. 9 9' D =9 °3 7 ' 43 " R = 4 . 8 5 ' L = 8 .4 3' D =14 7 °3 9'12" R =2.32 ' L=5.97 ' D = 4 8°18 '5 7 " R = 5 5. 21 ' L= 46. 56 ' D =9 4° 30'00" R = 2 .14' L=3.53' D =1 28 ° 5 1' 33 " R=1. 58 ' L =3 .55 ' D = 2 3°1 5'0 5" R = 5 7.79 ' L = 23.45 ' D =1 2 5° 5 8' 2 9" R = 2. 1 ' L = 4. 6 7' D= 147 °4 6' 14" R= 2.1 5' L =5. 54 ' D = 12 6 °4 3 '0 3" R= 2. 80 ' L =6 . 18 ' D=3 7 °45'0 1" R = 23 .70 ' L =1 5.6 1 ' D= 1 30 ° 0 7 ' 54 " R = 2 . 82 ' L = 6 .40 ' 170 170 171 171 172 172 169 169
169
169 EL:168.49' EL:169.58' EL:169.44' EL:169.27' EL:168.45' FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR FIBER DCPWR Issued For: Prepared For: 5001 Executive Parkway San Ramon, California 94583 Vendor: 605 Coolidge Drive, Suite 100 Folsom, California 95630 CHECKED BY: DRAWN BY: PROJECT NO: AT&T SITE NO: REV DATE DESCRIPTION IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. Licensee: No. 2567 Exp. 12-31-25 S T R U C T U R A L NORMAN J SCHEEL REGISTERED PROFES IONAL ENGINEER S T A T E OF CA L I FORN I A * * Designer / Engineer: Sheet Title: Sheet Number: 5022 Sunrise Blvd. Fair Oaks, California 95628 351RUPDQ6FKHHO 6WUXFWXUDO(QJLQHHU OVERALL SITE PLAN A-1 N THIS IS NOT A SITE SURVEY NOTES: 1. NO GRADING OR PERMANENT CONSTRUCTION SHALL OCCUR WITHIN DRIP LINES OF TREES THAT ARE TO REMAIN WITHOUT ARBORIST APPROVAL. 2. PRIOR TO CONSTRUCTION, GENERAL CONTRACTOR TO CONTACT DIGALERT TO MARK OUT EXISTING UNDERGROUND UTILITIES. IN THE EVENT OF CONFLICTS, CONTRACTOR TO CONTACT PDC. ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREET HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND EXISTING DRAWINGS AND ARE APPROXIMATE. 1 1" = 50'-0" OVERALL SITE PLAN ABC012CVL02485 McBEAN PARK 61 McBEAN PARK DRIVE LINCOLN, CA 95648 FA# 15549738 USID# CVL02485 24-009 3 BWBW 9/3/2024 90% ZD SUB. A-1.1 1 SEE ENLARGED SITE PLAN SHEET A-1.1 1"=50'-0" 50' 25' 0 50' 100' APN: 008-330-002-000 APN: 008-330-001-000 APN: 008-220-010-000 HIGHWAY 193

C STREET

B STREET
A STREET SITE ACCESS APN: 008-220-009-000 APN: 008-180-004-000 D STREET 2ND STREET (P) AT&T MOBILITY NEW LIGHT POLE LOCATION (P) AT&T MOBILITY NEW 12'-0" x 35'-0" CMU EQUIPMENT SHELTER (420 S.F.) LOCATION (E) TELECOMMUNICATIONS VAULT, FIBER P.O.C. (E) ELECTRICAL TRANSFORMER, POWER P.O.C. (E) BUILDING ASPHALT DRIVE SITE ACCESS (E) BASEBALL STADIUM ASPHALT DRIVE PROPERTY LINE PROPERTY LINE

PROPERTY LINE PROPERTY LINE

PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE

PROPERTY LINE
(P) 15'-0" WIDE

NON-EXCLUSIVE

AT&T MOBILITY

ACCESS EASEMENT
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 45 380
S 0°00'00" E
480.76' S 90°00'00" E 540.01' 170 170 171 171 172 172 169 169 169 169 EL:168.49' EL:169.58' EL:169.44' EL:169.27' EL:168.45' FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr

DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR DCPWR FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER FIBER Pwr Issued For: Prepared For: 5001 Executive Parkway San Ramon, California 94583 Vendor: 605 Coolidge Drive, Suite 100 Folsom, California 95630 CHECKED BY: DRAWN BY: PROJECT NO: AT&T SITE NO: REV DATE DESCRIPTION IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. Licensee: No. 2567 Exp. 12-31-25 S T R U C T U R A L NORMAN J SCHEEL REGISTERED PROFES IONAL ENGINEER S T A T E OF CA L I FORN I A * * Designer / Engineer: Sheet Title: Sheet Number: 5022 Sunrise Blvd. Fair Oaks, California 95628 351RUPDQ6FKHHO 6WUXFWXUDO(QJLQHHU ENLARGED SITE PLAN A-1.1 1"=20'-0" 20' 10' 0 20' 40' N NOTES: 1. NO GRADING OR PERMANENT CONSTRUCTION SHALL OCCUR WITHIN DRIP LINES OF TREES THAT ARE TO REMAIN WITHOUT ARBORIST APPROVAL. 2. PRIOR TO CONSTRUCTION, GENERAL CONTRACTOR TO CONTACT DIGALERT TO MARK OUT EXISTING UNDERGROUND UTILITIES. IN THE EVENT OF CONFLICTS, CONTRACTOR TO CONTACT PDC. 1 1" = 20'-0" ENLARGED SITE PLAN ABC012CVL02485 McBEAN PARK 61 McBEAN PARK DRIVE LINCOLN, CA 95648 FA# 15549738 USID# CVL02485 24-009 3 BWBW 9/3/2024 90% ZD SUB. A-21 SEE ENLARGED EQUIPMENT PLAN SHEET A-2 SECTOR AZIMUTH 240 B SECTOR

AZIMUTH
A0 AZIMUTH SECTOR120 C A-31 SEE ENLARGED ANTENNA PLAN SHEET A-3 APN: 008-330-002-000 APN: 008-330-001-000 APN: 008-180-004-000 (P) AT&T MOBILITY NEW LIGHT POLE LOCATION (P) AT&T MOBILITY NEW 12'-0" x 35'-0" CMU EQUIPMENT SHELTER (420 S.F.) LOCATION (E) TELECOMMUNICATIONS VAULT, FIBER P.O.C. (E) ELECTRICAL TRANSFORMER, POWER P.O.C. (E) BUILDING ASPHALT DRIVE SITE ACCESS (E) BASEBALL STADIUM

PROPERTY LINE PROPERTY LINE PROPERTY LINE

PROPERTY LINE
(E) BUILDING
(E) BUILDING
(E) BUILDING
(P) 6'-0" WIDE NON-EXCLUSIVE AT&T MOBILITY UTILITY EASEMENT (P) 6'-0" WIDE

NON-EXCLUSIVE

AT&T MOBILITY
UTILITY EASEMENT(P) 15'-0" WIDE NON-EXCLUSIVE ACCESS EASEMENT AT&T MOBILITY (P) 6'-0" WIDE NON-EXCLUSIVE AT&T MOBILITY UTILITY EASEMENT ASPHALT Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 46 381
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38247
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38348
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 11

ENVIRONMENTAL DISCLOSURE
Licensor represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:

None.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38449
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 12

STANDARD ACCESS LETTER
[FOLLOWS ON NEXT PAGE]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38550
Option and Tower Structure License Agreement dated 8.28.2024 Final {This Letter Goes On Licensor's Letterhead}
[Insert Date]
Building Staff / Security Staff
[Licensor, Lessee, Licensee]
[Street Address]
[City, State, Zip]
Re: Authorized Access granted to [ ]
Dear Building and Security Staff,
Please be advised that we have signed a license with [ ] permitting [ ] to install, operate and maintain telecommunications equipment at the property. The terms of the license grant [ ] and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the licensed area.

To avoid impact on telephone service during the day, [ ] representatives may be seeking access to the property outside of normal business hours. [ ] representatives have been instructed to keep noise levels at a minimum during their visit.

Please grant the bearer of a copy of this letter access to the property and to licensed area. Thank you for your assistance.

_______________________
Licensor Signature
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38651
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 24(b)

MEMORANDUM OF LICENSE
[FOLLOWS ON NEXT PAGE]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38752
Option and Tower Structure License Agreement dated 8.28.2024 Final Recording Requested By
& When Recorded Return To:

New Cingular Wireless PCS, LLC
Attn: –Network Real Estate Administration
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
APN’s: 008-330-001-000,008-330-002-000, 008-180-004-000,008-220-009-000 (Space Above This Line For Recorder’s Use Only)
Cell Site No.: CVL02485
Search Ring Name: CVL02485_SR
Cell Site Name: McBean Park
Fixed Asset No.: 15549738
State: California
County: Placer

MEMORANDUM
OF

LICENSE
This Memorandum of License is entered into on this ____ day of ____________, 2024, by and between City of Lincoln, a municipal corporation, having its principal office at 600 6th St, Lincoln, CA 95648 (hereinafter called “Licensor”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”).

1. Licensor and Licensee entered into a certain Option and Tower Structure License Agreement (“Agreement”) on the ___ day of___________, 2024, for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.

2. The initial license term will be five (5) years commencing on the effective date of written notification by Licensee to Licensor of Licensee’s exercise of the Option, with four (4) successive automatic five (5) year options to renew.

3. The portion of the land being licensed to Licensee and associated easements are described in Exhibit 1 annexed hereto.

4. This Memorandum of License is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of License and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38853
Option and Tower Structure License Agreement dated 8.28.2024 Final 8 IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day and year first above written.

LICENSOR:

City of Lincoln, a municipal corporation
By:

Name:

Its: City Manager

Date:

LICENSEE:

New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:

Name:

Its:

Date:
[ACKNOWLEDGMENTS APPEAR ON NEXT TWO PAGES]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 38954
Option and Tower Structure License Agreement dated 8.28.2024 Final

LICENSOR ACKNOWLEDGMENT
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)
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.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39055
Option and Tower Structure License Agreement dated 8.28.2024 Final

LICENSEE ACKNOWLEDGMENT
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.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39156
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 1 TO MEMORANDUM OF LICENSE

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 3 ends

to the Memorandum of License dated ______________, 2024, by and between City of Lincoln, a municipal corporation, as Licensor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Licensee.

Licensor’s Property of which the Premises are a part is described as follows:

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39257
Option and Tower Structure License Agreement dated 8.28.2024 Final The Premises are described and/or depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Placer County Appears on Following Page] Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39358
N 14°27'27" W 300.00'
N 0°00'06" E
100.00'
N 0°00'00" W
113.00'
N 0°00'00" W
113.00' N 90°00'00" E 60.00'
S 0°00'00" E
113.00' S 90°00'00" E 60.00' N 90°00'00" E 59.31' S 90°00'00" E 92.70' S 90°00'00" E 80.00' S 23°55'52" W 124.90' S 0°00'00" E
111.67'
S 0°00'00" E
110.00' N 90°00'00" W 60.00' S 90°00'00" W 60.09' N 90°00'00" W 67.91' N 0°00'00" W

50.00' N 0°00'00" E50.00' N 0°00'00" W

50.00' N 90°00'00" E 130.00' S 90°00'00" E 20.00' N 90°00'00" E 30.00' N 90°00'00" E 100.00' S 0°00'00" W

50.00' N 90°00'00" W 30.00'
S 0°00'00" E

50.00'
N 0°00'00" E

50.00' S 0°00'00" E50.00' N 90°00'00" E 130.00'
S 0°00'00" E

C STREET

PROPERTY LINE PROPERTY LINE

PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE

PROPERTY LINE
(P) 15'-0" WIDE

NON-EXCLUSIVE

AT&T MOBILITY

ACCESS EASEMENT
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 59 394
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 24(k)
IRS FORM W-9 & CA FTB FORM 590

Page 1 of 3 ends

[IRS FORM W-9 (REVISED OCTOBER 2018) & 2022 CA FTB FORM 590 APPEAR ON FOLLOWING TWO (2) PAGES]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39560
Option and Tower Structure License Agreement dated 8.28.2024 Final Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39661
Option and Tower Structure License Agreement dated 8.28.2024 Final Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 39762

Lincoln City CouncilAugust 11, 2026

Lincoln City Council
August 11, 2026