Agenda packet — Santa Ana City Council, March 18, 2025 (part 2 of 4)

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 29-30 05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$153,247
FY 30-31 05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$159,376
FY 31-32 05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$165,751
FY 32-33 05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$172,381
FY 33-34 05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$179,276
FY 34-35
(Jul
-Mar)
05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$138,452
Optional Three, 5-Year Extensions
FY 34-35
(Apr-Jun)
to
FY 49-50
05113002-
57363
Capital Outlay
Fund
Miscellaneous Revenue,
Cell Tower License
Agreement
$3,844,234
TOTAL $5,411,911
Funds will be appropriated exclusively for the maintenance and capital improvements at City Parks during the City’s yearly budget process.

EXHIBIT(S)

1. Site Plans and Photos – El Salvador, Jerome, Santa Ana Stadium

2. License Agreement – El Salvador Park

3. License Agreement – Jerome Park

4. License Agreement – Santa Ana Stadium
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 12 – 5 3/18/2025
EXHIBIT 1:

EXISTING CELL TOWER SITES

El Salvador Park:

DISH to collocate on existing
monopine. New equipment will be
placed within the existing cell
tower building. This work will not
conflict with the El Salvador
Restroom project.

City Council 12 – 6 3/18/2025
Jerome Park:

DISH to collocate on existing
monopalm. New equipment will
be placed on exterior of cell tower
building, within a protected cage.

City Council 12 – 7 3/18/2025
Stadium:

License Agreement renewal
City Council 12 – 8 3/18/2025

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GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT EL SALVADOR PARK
This Ground License Agreement (“Agreement”) made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as “LICENSOR” and CCTM1 LLC, a Delaware limited liability company, hereinafter designated “LICENSEE.” LICENSOR and LICENSEE are at times collectively referred to hereinafter as the “Parties.”
A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement.

1. PROPERTY. LICENSOR is the owner of that certain real property located at 1825 Civic Center Drive West, Santa Ana, CA 92703, commonly known as El Salvador Park (the entirety of LICENSOR’s property is referred to hereinafter as the “Property” and a legal description of the Property is attached hereto as Exhibit A).

2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 828440 and being described as approximately five hundred twenty-eight (528) square feet for LICENSEE’s wireless telecommunications facilities as defined in Section 11 of this Agreement, consisting of (i) an existing four hundred thirty (430) square foot parcel which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only) and (ii) an additional ninety-eight (98) square foot parcel (the “First Additional Premises”). The licensed area of the Property, referred to hereinafter as the “Premises,” is substantially described in Exhibit C attached hereto and incorporated fully.

3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease agreement, or license agreement that upon its Effective Date (as defined below), this Agreement shall replace and supersede any prior lease agreement or license agreement (the “Original Agreement”) between the Parties.

4. TERM. The Effective Date of this Agreement shall be April 1, 2025and shall remain in effect for a period of ten (10) years (the “Initial Term”).

5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year terms (each a “Renewal Term”) (the Initial Term and each Renewal Term are collectively referred to as the “Term”). Each Renewal Term shall be subject to the terms and conditions as set forth herein as follows:

A. If LICENSOR, in its reasonable discretion determines that LICENSEE’s continued use of the Premises is not in conformity with LICENSOR’s intended EXHIBIT 2
City Council 12 – 9 3/18/2025

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use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term.

B. Thereafter, each subsequent renewal shall be subject to the following procedure:

If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then-current term.

Within sixty (60) days of receipt of LICENSEE’s notice, LICENSOR shall determine whether such extension is in LICENSOR’s best interest and, if not in LICENSOR’s best interest, LICENSOR may deny such extension request, at its sole discretion.

C. In the absence of a Renewal Term, the Agreement shall continue on a month-tomonth basis. The License Fee for these month-to-month periods will be the amount of the last month Renewal Term License Fee plus four percent (4.0%), and subject to a Holding Over Fee as described in Section 6 below.

6. HOLDING OVER. Should LICENSEE continue to hold the Premises after the termination of the Agreement, whether the termination occurs by lapse of time or otherwise, such holding over shall, unless otherwise agreed to by LICENSOR in writing, constitute and be construed as a tenancy at will with an annual rent equal to the current annual License fee plus an additional annual License Fee equal to eighteen percent (18.0%) of the current annual License Fee, subject to all of the other terms set forth herein including the annual percentage License Fee increase.

7. ADDITIONAL PAYMENT. This Agreement, and any subsequent documents requiring approval including assignments and sublicenses, including colocations, require the Licensee to pay a non-refundable additional payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). The additional payment is due and payable to the City upon the Effective Date of this Agreement.

8. LICENSE FEES.

A. The License Fee for the first year shall be an annual amount of Fifty-One Thousand, Eight Hundred Sixty-Seven and 24/100 Dollars ($51,867.24) based on a monthly amount of Four Thousand Three Hundred Twenty-Two and 27/100 Dollars ($4,322.27) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date.

B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee.

City Council 12 – 10 3/18/2025

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C. License Fee amounts attributable to partial months shall be prorated on a daily basis.

D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date.

E. LICENSEE agrees to pay to LICENSOR an Additional License Fee, as set forth in Section 28A(1) of this Agreement, in the amount of Five Hundred and 00/100 Dollars ($500.00) per month, beginning upon the first day of the first full month following commencement of construction activities within the Premises by the DISH Colocator, defined in Section 11 below (the “DISH Colocation Effective Date”), and each subsequent payment shall be due and payable on the first day of each month thereafter until the earlier of (i) the expiration of the Term, or (ii) the expiration or termination of the DISH colocation. On the anniversary of the DISH Colocation Effective Date and on each anniversary of that date thereafter (each an “Additional License Fee Adjustment Date”), the Additional License Fee shall not escalate at a fixed amount, however, such fee will be calculated pursuant to Section 28(a)(1) of this Agreement. If the DISH colocation expires or terminates for any reason, LICENSEE shall no longer be obligated to pay the Additional License Fee for the DISH colocation.

F. Pursuant to Section 28A(4) of this Agreement, LICENSEE agrees to pay to LICENSOR a fee for the First Additional Premises set forth in Section 2 of this Agreement (the “First Additional Premises Fee”) in the amount of Four Hundred and 00/100 Dollars ($400.00) per month as consideration for the First Additional Premises, beginning upon the commencement of installation of improvements within the First Additional Premises (the “First Additional Premises Effective Date”) and continuing thereafter until the earlier of (i) the expiration of the Term; or (ii) termination of the First Additional Premises by LICENSEE, in its sole and absolute discretion, upon thirty (30) days’ written notice to LICENSOR. Termination for the First Additional Premises shall be effective upon the removal of all improvements made by the LICENSEE and the restoration of the First Additional Premises to the condition it was in as of the First Additional Premises Effective Date, ordinary wear and tear excepted. On the anniversary of the First Additional Premises Effective Date and on each anniversary of that date thereafter (each a “First Additional Premises Fee Adjustment Date”), the First Additional Premises Fee shall increase by an amount equal to four percent (4%) of the First Additional Premises Fee in effect for the month immediately preceding the applicable First Additional Premises Fee Adjustment Date for so long as such First Additional Premises Fee is payable to LICENSOR as set forth herein.

9. GOVERNMENTAL APPROVALS.

A. It is understood and agreed that LICENSEE’s ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, City Council 12 – 11 3/18/2025

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including without limitation those by the City acting in its regulatory authority (collectively the “Governmental Approvals”), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE’s use of the Premises as set forth herein.

B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively “Tests”) to determine the suitability of the Premises for LICENSEE’s Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE’s exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE.

All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR.

10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE’s Facilities (described in Exhibit D), LICENSEE shall obtain LICENSOR’s approval of LICENSEE’s work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR’s receipt of LICENSEE’s work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE’s plans.

11. USE/MAINTENANCE.

A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements (“LICENSEE’s Facilities”) as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. LICENSOR hereby consents to modifications at the Premises by DISH Wireless L.L.C. or its affiliate (the “DISH Colocator”) as more fully described in the drawings attached hereto as Exhibit D. All improvements shall be at LICENSEE’s sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which City Council 12 – 12 3/18/2025

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approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings (“Plans”) and artistic renderings of the equipment to be installed.

B. LICENSEE agrees that the installation and maintenance of LICENSEE’s Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LICENSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise the LICENSEE’s Facilities for the purpose of repairing or upgrading the telecommunications capabilities of LICENSEE’s Facilities, with notice to LICENSOR, so long as the equipment, cables, or antennas remain within the original physical parameters of the Premises.

C. LICENSEE shall not make any physical and/or aesthetic changes to the Premises that are substantial in the sole view of LICENSOR without the prior approval of LICENSOR, which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 10 contained herein.

D. LICENSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LICENSEE. LICENSOR at its discretion may require LICENSEE to repair and/or replace said damages or contract for said services and bill LICENSEE. LICENSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law.

E. LICENSEE’s Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LICENSOR shall provide LICENSEE, LICENSEE’s employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours’ notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE’s Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first.

F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and City Council 12 – 13 3/18/2025

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federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement.

G. Except as may be otherwise expressly provided in this Agreement, the taking of possession of the Premises by LICENSEE shall in itself constitute acknowledgement that the Premises are in good condition and repair and in useable condition, and LICENSEE agrees to accept the Premises in its presently existing “as is” “where is” condition, and that LICENSOR shall not be obligated to make any improvements, modifications or repairs thereto except to the extent that may otherwise be expressly provided in this Agreement.

H. LICENSEE represents and warrants that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Agreement, including but not limited to investigation of the surface, subsurface, and groundwater for contamination and hazardous materials and is satisfied that the Premises will safely support the project type to be constructed by LICENSEE upon the Premises, that the Premises is otherwise fully fit (physically and lawfully) for the uses required and permitted by this Agreement and that LICENSEE accepts all risks, losses and expenses associated the foregoing provisions.

I. LICENSEE acknowledges that (1) LICENSOR has informed LICENSEE prior to the commencement of the term of this Agreement that LICENSOR does not know of any release of any hazardous material that has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Agreement, LICENSOR has made available to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this City Council 12 – 14 3/18/2025

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Agreement.

J. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods.

K. LICENSEE agrees that, except as otherwise expressly provided in this Agreement, LICENSEE is solely responsible, without any cost or expense to LICENSOR, to take all actions necessary to continuously use the Premises as provided by this Agreement and in compliance with all applicable laws and regulations during LICENSEE’s period of use at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations.

12. COMPLIANCE WITH LAW. LICENSEE shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. LICENSEE shall not allow the Premises to be used for any unlawful purpose, nor shall LICENSEE cause, maintain or permit any nuisance in, on or about the Premises. LICENSEE shall not commit or suffer to be committed any waste in or upon the Premises.

13. EXPLOSIVES AND FLAMMABLE MATERIALS. The Premises shall not be used for the storage of flammable materials, explosives, or other materials or other purposes deemed by LICENSOR to be a potential fire or other hazard to the Premises, except those permitted in Section 14 below. The operation and maintenance of the Premises shall be subject to regulation by LICENSOR so as to protect against fire or other hazard impairing the use, safety and/or appearance of the Premises and telecommunications facility. The occupancy and use of the Premises by LICENSEE shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the Premises.

14. HAZARDOUS MATERIALS.

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seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws").

B. As used in the provisions of this Agreement, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment.

Except as otherwise expressly permitted in this Agreement, LICENSEE shall not use, create, store or allow any hazardous materials on the Premises, except fuel properly stored for back-up generators and the storage of fuel for such generators shall only be allowed if provided in a particular Premises License under the conditions of that Premises License or in a specific encroachment permit.

C. LICENSEE acknowledges that (1) prior to the commencement of the term of this Agreement, LICENSOR will make available upon request to LICENSEE, for review and inspection, records in the possession or control of LICENSOR which might reflect the potential existence of hazardous materials on or beneath the Premises; (2) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (3) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (4) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement.

D. No permanent underground or above ground storage tanks shall be installed on Premises. Only temporary fuel tanks with secondary containment, for the sole purpose of storing fuel for the backup generators, are allowed.

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assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub-surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods.

F. LICENSEE shall, within twenty-four (24) hours of the discovery on the Premises of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City. The failure to disclose in a timely manner the release of a Hazardous Substance by LICENSEE, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law shall be grounds for termination of this Agreement by City in addition to actual damages and other remedies provided by law. LICENSEE shall immediately clean up and completely remove all Hazardous Substances placed by LICENSEE on, under, about or within the Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations.

G. LICENSEE shall be responsible for and bear the entire cost of removal and disposal of any and all hazardous materials introduced to the Premises during LICENSEE's period of use of the Premises, regardless of whether such hazardous material is introduced by LICENSEE or by any other person acting under LICENSEE. LICENSEE shall also be responsible for any clean-up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials within the Premises or any surface below the Property.

LICENSEE shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises.

H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and LICENSOR’s directors, officers, and employees, from any and all responsibilities, liabilities, penalties, and claims for damages resulting from the presence or use of hazardous materials within the Premises arising from LICENSEE’s use of the Premises.

I. Breach of any of the covenants, terms, and conditions in this Section shall give City the authority to either immediately terminate this Agreement or to shut down LICENSEE’s operations thereon, at the sole discretion of City. In either case, LICENSEE will continue to be liable under this Agreement to remove and mitigate all Hazardous Substances placed by LICENSEE on, under, about or within the Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by City Council 12 – 17 3/18/2025

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LICENSEE during LICENSEE’s period of use and possession of the Premises.

Upon termination of this Agreement, LICENSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on the Premises by LICENSEE that may be contaminated by Hazardous Substances.

15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, hold harmless and defend LICENSOR and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of LICENSEE’s: (i) occupancy, maintenance and/or use of the Premises and/or LICENSEE’S Facilities; or (ii) performance of, or failure to perform, this Agreement. LICENSEE’s obligations under the preceding sentence shall apply to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers.

16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work performed by the LICENSEE or on LICENSEE’s behalf by its agents, representatives, employees or subcontractors as specified in Exhibit E.

17. INTERFERENCE.

A. LICENSEE’s Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original Agreement was fully executed (“Pre-Existing Communications”), or public safety communications operations, as may be upgraded periodically, and LICENSEE’s Facilities shall comply with all non-interference rules of the Federal Communications Commission (“FCC”). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE’s use of the Premises or encroaches upon the Premises.

Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LICENSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LICENSEE’s written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LICENSEE’s consent may be withheld if interference with LICENSEE’s transmissions, receptions, operations, or use of frequency will result due to such use. The City Manager or his/her designee shall determine whether consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions.

City Council 12 – 18 3/18/2025

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In the event of any interference with LICENSOR’s public safety communications operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to require that LICENSEE cease operating LICENSEE’s Facilities (except for intermittent testing to determine the source of the interference) until LICENSEE is able to recommence operations without causing such interference. If LICENSEE’s Facilities interfere with LICENSOR’s public safety communications operations during an emergency, LICENSOR may require that LICENSEE immediately cease operating LICENSEE’s Facilities and if LICENSEE fails to do so, LICENSOR has the right to shut down the electricity supply to LICENSEE’s Facilities. LICENSEE shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR incurs to cure any interference with LICENSOR’s public safety communications operations caused by LICENSEE’s Facilities.

18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LICENSEE’s fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LICENSEE’s sole expense, reasonable wear and tear, and casualty excepted, including but not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. Antenna support structure, all utilities, cabling, wiring, underground conduits, foundations and equipment/storage buildings may remain at LICENSOR’s sole option.

19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. “City Business” shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City-sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE’s Facilities.

20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement.

LICENSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LICENSOR’s title to the same and that there are no covenants, easements or restrictions that prevent the use of the Premises by LICENSEE as set forth above.

21. NO LIENS. LICENSEE shall not permit any mechanics’ or materialmen’s liens on the Property for any labor or material furnished to LICENSEE in connection with work performed. LICENSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its City Council 12 – 19 3/18/2025

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own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien.

22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure (“MPE”) and other related health issues directly applicable to its operation of LICENSEE’s Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LICENSEE’s indemnity contained herein, LICENSEE, on behalf of itself and its successors and assigns, shall indemnify LICENSOR from and against all claims or personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LICENSEE’s Facilities on the Premises.

A. LICENSEE shall maintain LICENSEE’s Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LICENSOR may require LICENSEE to make repairs to and/or replace damaged equipment of LICENSEE’s Facilities and/or any parts thereto regardless of fault including, but not limited to, damage caused by vandalism or acts of God, not later than seven (7) days after said damage is reported to LICENSEE, except for damage caused by LICENSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given, and repairs are not made in seven (7) days, LICENSOR may cause such repairs to be made, including making said repairs and/or hiring a contractor to make said repairs.

LICENSOR may charge LICENSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LICENSEE for the cost of services.

B. LICENSOR grants LICENSEE the right to obtain utilities for the operation of LICENSEE’s Facilities. LICENSEE shall be responsible directly to the servicing entities for any and all utilities required by LICENSEE for its use of the Premises.

LICENSOR shall cooperate with LICENSEE in its efforts to obtain utilities from any location provided by LICENSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company.

C. LICENSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LICENSEE shall maintain the Premises in a good condition, reasonable wear and tear excepted.

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without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE’s communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana’s operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided “power backup” by LICENSEE, if available at the Premises.

24. INTEGRATION. It is agreed and understood that this Agreement and its Exhibits contain all agreements, promises and understandings between LICENSOR and LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LICENSOR or LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity.

25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.

26. ATTORNEY’S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any.

27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior written consent of LICENSOR, which consent solely at LICENSOR’S discretion. Subsequent documents requiring approval including assignments, and sublicenses require an Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however, that LICENSEE shall have the right to assign its rights under this Agreement, to any of LICENSEE’s (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LICENSEE’s FCC authorization for the geographic area in which the Premises are located or of majority of LICENSEE’s network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LICENSEE’s property with written notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given thirty (30) days prior to any assignment. No Administrative Fee is required for assignments between parties listed in (i-iii) above.

28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for colocation on telecommunications tower facilities and will reasonably facilitate any colocation subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for City Council 12 – 21 3/18/2025

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additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE.

A. LICENSEE – COLOCATOR Colocation Agreement: LICENSEE shall enter into a sublicense, or similar form of occupancy, subject to all permits and approvals from all governmental agencies having jurisdiction, with a future tower colocation user who wishes to collocate/sublease space on LICENSEE’s tower, subject to:
1) LICENSOR shall receive a fee of fifty percent (50%) of the Tower Rent, as defined below, received by LICENSEE (the “Additional License Fee”). a. LICENSEE is required to self-report to LICENSOR when their Tower Rent from any source increases.
b. To ensure accurate calculation and payment of the Additional License Fee, once per calendar year, LICENSOR may submit a written request to LICENSEE for a business summary report pertaining to LICENSEE’s sublicensee rent obligations for the cellular tower (“Tower Rent”) that is the subject of this Agreement for the prior twelve (12) month period, and LICENSEE shall provide such written report to LICENSOR within sixty (60) days after LICENSEE’s receipt of such written request. LICENSOR shall send such written request to the Notice address set forth in Section 29 of this Agreement.
c. In the event that LICENSEE does not provide a business summary, as described in Section 28(a)(1), within sixty (60) days, or such business summary is not satisfactory in the LICENSOR’s reasonable discretion, LICENSOR shall have the right to:
i. Upon reasonable notice, review LICENSEE’s records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE;
ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE’s books and records related to the Tower Rent to verify the accuracy of the reported amounts.
d. LICENSEE shall cooperate fully with LICENSOR’s reasonable requests for information and access to records in connection with the verification of the Additional License Fee.
2) LICENSEE shall obtain LICENSOR’s consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original City Council 12 – 22 3/18/2025

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LICENSEE Agreement.
4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below:

Additional Space Required Amount due Licensor per Month Up to 100 ft2$400.00
100 to 200 ft2$600.00
200 to 300 ft2$900.00
Over 300 ft2$1,250.00
The License Fee for the additional ground space in this Section shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date of the Amendment to the Agreement.

B. COLOCATION ADDITIONAL PAYMENT: A colocation non-refundable additional payment is payable to LICENSOR by LICENSEE for colocations as prescribed in Section 7 of this Agreement; and LICENSOR’s review/approval cannot be unreasonably withheld, conditioned or delayed. However, if the colocation is submitted as one proposal with LICENSEE’s submission, or as multiple colocatees, only one colocation non-refundable additional payment shall be required.

29. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery services and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows:

LICENSOR:

City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
With Copies To:

Public Works Agency
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
LICENSEE:

CCTM1 LLC
City Council 12 – 23 3/18/2025

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c/o Crown Castle USA Inc.

Attn: Legal - Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and permitted assigns of the Parties hereto.

31. RELOCATION RIGHT.

A. Anytime within the Initial Term, LICENSOR shall have the right to cause LICENSEE to relocate LICENSEE’s Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LICENSEE’s cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LICENSEE may legally pay, (2) be performed by LICENSEE or its agents, (3) not result in any interruption of the communications services provided by LICENSEE on the property, (4) not impair, or in any manner alter, the quality of communications services provided by LICENSEE on or from the Property, and (5) be done in accordance with subsections B and C below.

Upon relocation of LICENSEE’s Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE’s Facilities.

B. LICENSOR shall exercise its relocation right under subsection A above by delivering written notice (the “Notice”) to LICENSEE. In the Notice, LICENSOR shall propose an alternate location to which LICENSEE may relocate LICENSEE’s Facilities. LICENSEE shall have sixty (60) days from the date it receives the Notice to evaluate LICENSOR’s proposed relocation site, during which period LICENSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LICENSEE fails to disapprove of such proposed relocation Premises in writing within the sixty (60)-day period, LICENSEE shall be deemed to have approved such proposed relocation site. If LICENSEE disapproves such relocation site, then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the “Relocation Site.” LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and City Council 12 – 24 3/18/2025

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dimensions of the Relocation Premises to relocate LICENSEE’s Facilities to the Relocation Site.

Upon relocation of LICENSEE’s Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site.

LICENSOR and LICENSEE agree that the Relocation Premises (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LICENSEE, and such survey will then replace Exhibit C and become a part hereof and will control or describe the Premises. Except as expressly provided, LICENSOR and LICENSEE hereby agree that in no event will the relocation of LICENSEE’s Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement.

32. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of the License Fee, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any nonmonetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section.

33. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE’s operations at the Premises for more than sixty (60) days, then LICENSEE may at any time following such fire or other casualty, provided LICENSOR has not commenced the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LICENSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LICENSEE decides not to terminate this Agreement, the License Fee shall be abated proportionally to the reduction of use.

34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date City Council 12 – 25 3/18/2025

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originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement.

35. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties

36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration.

37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement.

38. TERMINATION.

A. Compelled Termination: If, during the Term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LICENSEE’s operations that LICENSEE’s use of the Premises poses a human health hazard that cannot be remedied and that LICENSEE must cease all operations on the Premises, then LICENSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination that is final and non-appealable, or which is affirmed and becomes final after the exhaustion of all available appeals, concluding that LICENSEE’s use as set forth in this Agreement presents a material risk to the public health or safety and that LICENSEE must cease all operations on the Premises, LICENSOR may terminate this Agreement upon fourteen (14) days’ notice to LICENSEE.

B. Termination by LICENSEE: LICENSEE may terminate this Agreement by written notice to LICENSOR if (i) LICENSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively “Approvals”) reasonably desired by LICENSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LICENSEE’s Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LICENSEE, or (ii) LICENSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LICENSOR fails to cure a default pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above.

C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to City Council 12 – 26 3/18/2025

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Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR.

39. MISCELLANEOUS PROVISIONS.

A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to the terms of this Agreement, and each Party shall indemnify the other fully, including reasonable costs and attorney’s fees, for any injuries or damages incurred in the event that such authority or power is not, in act, held by the signatory or is withdrawn.

B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity.

C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows]
City Council 12 – 27 3/18/2025
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.03.03 17:13:23
-08'00'
City Council 12 – 28 3/18/2025

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EXHIBIT A
Legal Description of the Property

THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:

ALL THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL A:

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

BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 545, PAGE 55 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET); THENCE NORTH ALONG THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED

BY BENJAMIN WALKER AND WIFE TO DEBORAH CARTER TRUMAN BY DEED DATED NOVEMBER 5TH 1924 AND RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227

OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA THENCE WEST ALONG THE

SOUTH LINE OF THE LAND SO CONVEYED TO DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POINT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET) 245 FEET MORE OR LESS TO THE POINT OF BEGINNING.

PARCEL B:

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

PARCEL L:

BEGINNING AT A POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MAP OF THE FAIRLAWN PARK TRACT, RECORDED IN BOOK 4, PAGE 46 OF

MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, 125 FEET FROM THE NORTH LINE OF EIGHTH

STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO WALTER G. DAVIS AND WIFE, BY DEED RECORDED AUGUST 24TH, 1923 IN BOOK 486, PAGE 184 OF DEEDS OF ORANGE COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID EIGHTH STREET 101.5 FEET; THENCE NORTH 184 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET TO A POINT IN THE SAID EAST LINE OF FAIRLAWN STREET, IF City Council 12 – 29 3/18/2025

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EXTENDED; THENCE SOUTH ALONG THE WEST LINE 184 FEET TO THE POINT OF BEGINNING.

ALSO A RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES.

PARCEL 2:

BEGINNING AT A POINT WHICH IS 401.6 FEET WEST OF THE WEST LINE OF ARTESIA STREET (AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1ST, 1924, BEING 50 FEET WIDE) AND 355 NORTH OF THE NORTH LINE OF HICKEY STREET; THENCE

EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET, A DISTANCE OF 46 FEET; THENCE WEST ON AUNE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING.

PARCEL C:

BEGINNING AT A POINT 125 FEET NORTH OF THE INTERSECTION OF THE CENTER

LINE OF FAIRLAWN STREET AND THE NORTH LINE OF EIGHTH STREET (FORMERLY

HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO G. A. DEMETRIOU APRIL 22ND BY DEED RECORDED IN BOOK 423, PAGE 16 OF DEEDS OF ORANGE COUNTY; THENCE NORTH ALONG THE SAID CENTER LINE OF

FAIRLAWN STREET, AS SHOWN ON A MAP OF FAIRLAWN PARK TRACT RECORDED IN BOOK 4, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF THE SAME WERE PROJECTED, 230 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO F. H. LINDEN AND WIFE BY DEED RECORDED MAY 17TH, 1929 IN BOOK 278, PAGE 102 OF OFFICIAL RECORDS;

THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO LINDEN AND

WIFE AND ITS SOUTHERLY EXTENSION TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO L. E. GOFFMAN, AND OTHERS, BY DEED RECORDED DECEMBER 11TH, 1929 IN BOOK 335, PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND SO CONVEYED TO THE SOUTH-WEST CORNER THEREOF;

THENCE WEST ON THE NORTH LINE OF SAID DEMETRIOU LAND AND PARALLEL TO THE NORTH LINE OF SAID EIGHTH STREET 142.4 FEET TO THE POINT OF BEGINNING.

PARCEL D:

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

COMMENCING AT A POINT ON THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHED BY DEED TO THE CITY OF SANTA ANA, DATED DECEMBER 19TH, 1924 AND RECORDED IN BOOK 545, PAGE 55 OF DEEDS, WHICH POINT IS 125 FEET

NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE OF City Council 12 – 30 3/18/2025

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EIGHTH STREET (FORMERLY HICKEY STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIGHTH STREET 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID ARTESIA STREET 46 FEET; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET 125 FEET TO THE WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE 138 FEET MORE OR

LESS TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TO THE NORTH-WEST

CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18TH, 1923 IN BOOK 473, PAGE 73 OF DEEDS; THENCE SOUTH ALONG

THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING ITHIN TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.

PARCEL E:

PARCEL 1:

BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF

THE INTERSECTION WITH THE CENTER LINE OF HICKEY STREET, RUNNING THENCE WEST PARALLEL WITH THE CENTER LINE OF HICKEY STREET, 832.39 FEET, MORE OR LESS, TO LAND CONVEYED TO J. H. YOUNG BY DEED RECORDED DECEMBER 10, 1903 IN BOOK 98, PAGE 198 OF DEEDS; THENCE NORTH 318 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND; THENCE EAST 542.52 FEET; THENCE SOUTH 292.71 FEET; THENCE EAST 289.87 FEET TO THE CENTER LINE OF ARTESIA STREET; THENCE SOUTH 26.89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

PARCEL 2:

BEGINNING AT A POINT 36.90 CHAINS WEST OF THE EAST LINE OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN AND

6.165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE

RANCHO SANTIAGO DE SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA STREET AND RUNNING THENCE WEST 4.392 CHAINS; THENCE, NORTH 4.435 CHAINS TO THE LAND NOW OR FORMERLY OWNED BY BEN FALLERT; THENCE EAST 4.392 CHAINS TO THE CENTER OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND G AND LOTS 12, City Council 12 – 31 3/18/2025

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13, 15 AND 16 OF TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.

ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA.

EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS.

PARCEL F:

THE NORTH 145 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.&M., DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET

WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1ST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING.

PARCEL G:

THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS:

BEGINNING 803.2 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA

STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A POINT; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 70 FEET TO A POINT; THENCE SOUTH 355 FEET TO 'THE POINT OF BEGINNING.

PARCEL H:

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 5

SOUTH, RANGE LOWEST, SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

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BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET

WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST 130.8 FEET THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE EAST 75 FEET TO THE SOUTH 150 FEET; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET THEREOF;
ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF.

PARCEL I:

THAT CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THE NORTH 25 FEET OF THE EAST 75 FEET OF THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, S.B.B.& M., DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET

WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF

ARTESIA STREET, AS IT EXISTED WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 1ST, 1924, RUNNING THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING.

PARCEL J:

ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET, NOW

EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 City Council 12 – 33 3/18/2025

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FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET OF THE WEST 150.8 FEET.

PARCEL 2:

THAT PORTION OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHING BY DEED TO THE CITY OF SANTA ANA, DATED SEPTEMBER 19, 1924, AND RECORDED OCTOBER 17, 1924 IN BOOK 545, PAGE 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING 125 FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG SAID WEST LINE OF ARTESIA STREET 134 FEET, MORE

OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3, 1924 IN BOOK 552, PAGE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE NORTHWEST CORNER

OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MAY 18, 1923 IN BOOK 473, PAGE 73 OF SAID DEEDS; THENCE SOUTH ALONG THE

WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE, BY SAID DEED, 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET 396.6 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THE EASTERLY 125 FEET.

PARCEL K:

THAT PORTION OF THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, DISTANT THEREON 677.4 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE WITH THE

WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE OF EIGHTH STREET, 65.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH SAID NORTH UNE OF EIGHTH STREET, 65.8 FEET; THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING.

PARCEL L:

THE EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING:

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THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE NORTH LINE OF HICKEY STREET; (NOW 8TH STREET) 401.6 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING.

PARCEL M:

THAT PORTION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 300 FEET WEST OF THE

INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID STREETS, AS SAID STREETS EXISTED ON NOVEMBER 20, 1906; THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 101.6 FEET; AND THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING.

PARCEL N:

THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW

EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1ST 1924, BEING 50 FEET IN WIDTH; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 50 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH; THENCE EAST ALONG SAID NORTH LINE, 50 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL O:

THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) 150.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER 1ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH, PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125 FEET TO THE City Council 12 – 35 3/18/2025

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NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 88 FEET TO THE POINT OF BEGINNING.

PARCEL P:

THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET} 238.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIAN STREET EXISTED PRIOR TO SEPTEMBER 1ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 61.6 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 61.6 FEEF TO THE POINT OF BEGINNING.

PARCEL Q:

THE EAST 75 FEET OF THE SOUTH 125 FEET OF THE SOUTH 125 FEET OF THAT

PORTION OF THE SOUTHWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, S.B.B.&M., AS DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT LN THE NORTH LINE OF WEST EIGHTH STREET, 602.4 FEET

WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO SEPTEMBER 1ST 1924; THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 355 FEET TO THE POINT OF BEGINNING.

PARCEL R:

THE SOUTH 125 FEET OF THE WEST 150.8 FEET OF THE FOLLOWING:

COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET NOW

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EXHIBIT B
Original Agreement
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EXHIBIT C
Legal Description and Survey of the Premises

TOWER LICENSE
THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF

ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE;
THENCE SOUTH 89° 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET;
THENCE NORTH 00° 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 89° 34' 16" EAST, 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 25' 44" EAST, 22.00 FEET;
THENCE SOUTH 89° 34' 16" EAST, 15.00 FEET;
THENCE SOUTH 00° 25' 44" WEST, 22.00 FEET;
THENCE NORTH 89° 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.008 ACRES (330 SQUARE FEET) OF LAND MORE OR LESS.

TOGETHER WITH THE FOLLOWING DESCRIBED AREA:

COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE;
THENCE SOUTH 89° 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET;
THENCE NORTH 00° 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE SOUTH 89° 34' 16" EAST, 15.00 FEET;
THENCE NORTH 00° 25' 44" EAST, 22.00 FEET;
THENCE NORTH 03° 05' 29" EAST, 26.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00° 25' 44" EAST, 10.00 FEET;
THENCE SOUTH 89° 34' 16" EAST, 10.00 FEET;
THENCE SOUTH 00° 25' 44" WEST, 10.00 FEET;
THENCE NORTH 89° 34' 16" WEST, 10.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (100 SQUARE FEET) OF LAND MORE OR LESS.

CONTAINING A COMBINED TOTAL OF 0.010 ACRES (430 SQUARE FEET) OF LAND MORE OR LESS.

FIRST ADDITIONAL PREMISES LICENSE
THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF

ORANGE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS City Council 12 – 79 3/18/2025

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FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE;
THENCE SOUTH 89° 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 690.10 FEET;
THENCE NORTH 00° 25' 44" EAST, DEPARTING SAID CENTERLINE, 421.80 FEET; THENCE CONTINUING NORTH 00° 25' 44" EAST, 15.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00° 25' 44" EAST, 6.50 FEET;
THENCE SOUTH 89° 34' 16" EAST, 15.00 FEET;
THENCE SOUTH 00° 25' 44" WEST, 6.50 FEET;
THENCE NORTH 89° 34' 16" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (98 SQUARE FEET) OF LAND MORE OR LESS.

NON-EXCLUSIVE ACCESS & UTILITY EASEMENT
AN 8.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LYING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE CENTERLINE INTERSECTION OF ENGLISH STREET AND WEST CIVIC CENTER DRIVE;
THENCE SOUTH 89° 34' 16" EAST, ALONG THE CENTERLINE OF WEST CIVIC CENTER DRIVE, 711.33 FEET;
THENCE NORTH 00° 25' 44" EAST, DEPARTING SAID CENTERLINE, 470.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00° 25' 44" WEST, 22.52 FEET;
THENCE NORTH 89° 34' 16" WEST, 33.60 FEET;
THENCE SOUTH 41° 03' 33" WEST, 21.50 FEET;
THENCE SOUTH 00° 25' 44" WEST, 60.60 FEET;
THENCE SOUTH 70° 26' 04" WEST, 16.70 FEET;
THENCE NORTH 89° 01' 52" WEST, 175.00 FEET;
THENCE NORTH 63° 45' 31" WEST, 15.50 FEET;
THENCE NORTH 89° 11' 05" WEST, 41.60 FEET;
THENCE SOUTH 00° 56' 20" WEST, 31.40 FEET;
THENCE SOUTH 89° 58' 19" WEST, 84.20 FEET;
THENCE SOUTH 47° 44' 41" WEST, 61.50 FEET;
THENCE SOUTH 01° 01' 12" WEST, 250.10 FEET TO THE POINT OF TERMINUS ON THE

NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER DRIVE AND CONTAINING

0.150 ACRES (6,514 SQUARE FEET) OF LAND MORE OR LESS.

THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS

NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE,

ADDITIONAL LANDS, AND NORTHERLY RIGHT-OF-WAY LINE OF WEST CIVIC CENTER City Council 12 – 80 3/18/2025

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DRIVE.

PROPERTY OWNER

THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION

PROPERTY ADDRESS
1825 ¾ Civic Center Drive West, Santa Ana, CA 92703

PARCEL NUMBER
405-121-11
[Land Survey Follows]
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EXHIBIT D
Licensee’s Facilities
THE LICENSEE’S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT

NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT,

BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY

TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND

IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS:

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EXHIBIT E
Minimum Scope and Limit of Insurance
LICENSEE shall carry and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work performed by LICENSEE or on LICENSEE’s behalf by its agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if LICENSEE has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if LICENSEE will not be using vehicles).
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
LICENSOR, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of LICENSEE including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to LICENSEE ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, LICENSEE ’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects LICENSOR, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by LICENSOR, its officers, officials, employees, or volunteers shall be in excess of LICENSEE’s insurance and shall not contribute with it.

Notice of Cancellation
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Each insurance policy required above shall provide that coverage shall provide thirty (30) days’ prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR.

Waiver of Subrogation
LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which the insurers for the policies required above of said LICENSEE may acquire against LICENSOR by virtue of the payment of any loss under such insurance. LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LICENSOR has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to by LICENSOR. LICENSOR may require LICENSEE to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or LICENSOR.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to LICENSOR.

Verification of Coverage
LICENSEE shall furnish LICENSOR with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to LICENSOR before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive LICENSEE ’s obligation to provide them.

LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location.

Special Risks or Circumstances
LICENSOR reserves the right to modify these requirements once per renewal term period, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

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GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT JEROME PARK
This Ground License Agreement (“Agreement”) made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as “LICENSOR” and CCTM1 LLC, a Delaware limited liability company, hereinafter designated “LICENSEE.” LICENSOR and LICENSEE are at times collectively referred to hereinafter as the “Parties.”
A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement.

1. PROPERTY. LICENSOR is the owner of that certain real property located at 2115 W.

McFadden Avenue, Santa Ana, CA 92704, commonly known as Jerome Park (the entirety of LICENSOR’s property is referred to hereinafter as the “Property” and a legal description of the Property is attached hereto as Exhibit A).

2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 828436 and being described as approximately four hundred fiftyfour (454) square feet for LICENSEE’s wireless telecommunications facilities as defined in Section 11 of this Agreement, consisting of (i) an existing three hundred eighty-eight (388) square foot parcel which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3, below, and further described in Exhibit B, attached hereto for reference) and (ii) an additional sixty-six (66) square foot parcel (the “First Additional Premises”). The licensed area of the Property, referred to hereinafter as the “Premises,” is substantially described in Exhibit C attached hereto and incorporated fully.

4. TERM. The Effective Date of this Agreement shall be April 1, 2025 and shall remain in effect for a period of ten (10) years (the “Initial Term”).

A. If LICENSOR, in its reasonable discretion determines that LICENSEE’s continued use of the Premises is not in conformity with LICENSOR’s intended EXHIBIT 3
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B. Thereafter, each subsequent renewal shall be subject to the following procedure:

If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then-current term.

8. LICENSE FEES.

A. The License Fee for the first year shall be an annual amount of Forty-NineThousand, Thirty and 32/100 Dollars ($49,030.32) based on a monthly amount of Four Thousand Eighty-Five and 86/100 Dollars ($4,085.86) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date.

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C. License Fee amounts attributable to partial months shall be prorated on a daily basis.

D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date.

9. GOVERNMENTAL APPROVALS.

A. It is understood and agreed that LICENSEE’s ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, City Council 12 – 118 3/18/2025

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All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR.

10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE’s Facilities (described in Exhibit B), LICENSEE shall obtain LICENSOR’s approval of LICENSEE’s work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR’s receipt of LICENSEE’s work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE’s plans.

11. USE/MAINTENANCE.

A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, two separate communications towers and equipment rooms, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements (“LICENSEE’s Facilities”) as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. These two separate communications towers shall be identified as “Tower 1” and “Tower 2”. LICENSOR hereby consents to modifications at the Premises by DISH Wireless L.L.C. or its affiliate (the “DISH Colocator”) as more fully described in the drawings attached hereto as Exhibit D. All improvements shall be at LICENSEE’s sole expense and the installation of all City Council 12 – 119 3/18/2025

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improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings (“Plans”) and artistic renderings of the equipment to be installed.

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F. LICENSEE hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and terms, covenants and conditions of this Agreement. LICENSEE acknowledges that neither LICENSOR, nor any agent of LICENSOR, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of LICENSEE. Further, LICENSOR has not agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Agreement.

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permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Agreement.

J. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods.

14. HAZARDOUS MATERIALS.

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19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws").

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notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub-surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods.

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Premises. LICENSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to the Premises by LICENSEE during LICENSEE’s period of use and possession of the Premises.

17. INTERFERENCE.

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consent is unreasonably withheld and may require LICENSEE to consent subject to the above conditions.

20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement.

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such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LICENSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien.

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Agreement”) with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE’S Facilities without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE’s communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana’s operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided “power backup” by LICENSEE, if available at the Premises.

25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.

26. ATTORNEY’S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any.

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subject to the conditions outlined in this Agreement. LICENSEE further agrees that LICENSOR shall retain ownership of any further lease rights with respect to space for additional telecommunications facilities on the Property, other than the Premises which is already licensed to LICENSEE.

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3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original LICENSEE Agreement.
4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below:

LICENSOR:

City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
With Copies To:

Public Works Agency
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
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LICENSEE:

CCTM1 LLC
c/o Crown Castle USA Inc.

30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and permitted assigns of the Parties hereto.

31. RELOCATION RIGHT.

Upon relocation of LICENSEE’s Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE’s Facilities.

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then LICENSOR may thereafter propose another relocation Premises by Notice to LICENSEE in the manner set forth above. Any relocation Premises which LICENSOR and LICENSEE agree upon in writing shall be referred to as the “Relocation Site.” LICENSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Premises to relocate LICENSEE’s Facilities to the Relocation Site.

Upon relocation of LICENSEE’s Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site.

34. CONDEMNATION. In the event of any condemnation of the Premises, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to LICENSOR. LICENSEE City Council 12 – 132 3/18/2025

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may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LICENSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement.

38. TERMINATION.

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pursuant to Section 32. Upon termination, all prepaid License Fees shall be retained by LICENSOR, unless termination is pursuant to (ii) above or (iii) above.

C. Termination by LICENSOR: LICENSOR may terminate this Agreement by written notice to LICENSEE if LICENSEE fails to cure a default pursuant to Section 32. Upon termination for this reason, all prepaid License Fees shall be retained by LICENSOR.

39. MISCELLANEOUS PROVISIONS.

B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity.

C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [Signature Page Follows]
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Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.03.03
17:14:39 -08'00'
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EXHIBIT A
Legal Description of the Property
SANTA ANA ACRES LOT 32 AND POR OF LOT 31 AND POR ABAND STR (CENTER STREET) ADJOINING THE WEST LINE OF LOT 32 TR 696
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EXHIBIT B
Original Agreement
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EXHIBIT C
Legal Description and Survey of the Premises

PROPERTY OWNER

THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION

PROPERTY ADDRESS
2115 W. McFadden Avenue, Santa Ana, CA 92704

PARCEL NUMBER
109-050-30
TOWER LICENSE 1
A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF

WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY;

THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0°35'17" EAST, 42.00 FEET;
THENCE NORTH 0°35'17" EAST, 491.60 FEET;

THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89°24'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER;
THENCE ALONG THE WESTERLY LINE OF SAID SHELTER NORTH 0°35'17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF SAID SHELTER;
THENCE DEPARTING THE WESTERLY LINE OF SAID SHELTER NORTH 2°41'45" EAST,

0.97 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°24'43" WEST, 7.07 FEET;
THENCE NORTH 0°35'17" EAST, 7.07 FEET;
THENCE SOUTH 89°24'43" EAST, 7.07 FEET;
THENCE SOUTH 0°35'17" WEST, 7.07 FEET TO THE TRUE POINT OF BEGINNING.

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TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OFWAY.

CONTAINING 50 SQUARE FEET, OR 0.0011 ACRES, MORE OR LESS.

OWNER:

CITY OF SANTA ANA,

FINANCE & ACCOUNTING
P.O. BOX 1988
SANTA ANA, CALIFORNIA 92703
TOWER LICENSE 2
A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF

WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY;

THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0°35'17" EAST, 42.00 FEET;
THENCE NORTH 0°35'17" EAST, 491.60 FEET;

THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89°24'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER;

THENCE ALONG THE WESTERLY LINE OF THE EXISTING EQUIPMENT SHELTER NORTH 0°35'17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER;

THENCE DEPARTING THE WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SHELTER SOUTH 89°24'43" EAST, 12.00 FEET TO THE NORTHEAST CORNER OF SAID SHELTER;
THENCE DEPARTING THE NORTHERLY LINE OF SAID SHELTER NORTH 51°26'04" WEST, 1.57 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 0°35'17" EAST, 7.07 FEET;
THENCE SOUTH 89°24'43" EAST, 7.07 FEET;
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THENCE SOUTH 0°35'17" WEST, 7.07 FEET;
THENCE NORTH 89°24'43" WEST, 7.07 FEET TO THE TRUE POINT OF BEGINNING.

TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OFWAY.

CONTAINING 50 SQUARE FEET, OR 0.0011 ACRES, MORE OR LESS.

OWNER:

CITY OF SANTA ANA,

FINANCE & ACCOUNTING
P.O. BOX 1988
SANTA ANA, CALIFORNIA 92703

FIRST ADDITIONAL PREMISES LICENSE
A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF

WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY;

THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0°35'17" EAST, 42.00 FEET;
THENCE NORTH 0°35'17" EAST, 491.60 FEET;

THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89°24'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER, THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°35'17" WEST, 9.00 FEET;
THENCE NORTH 89°24'43" WEST, 7.33 FEET;
THENCE NORTH 0°35'17" EAST, 9.00 FEET;
THENCE SOUTH 89°24'43" EAST, 7.33 FEET TO THE TRUE POINT OF BEGINNING.

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UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OFWAY.

CONTAINING 66 SQUARE FEET, OR 0.0015 ACRES, MORE OR LESS.

OWNER:

CITY OF SANTA ANA,

FINANCE & ACCOUNTING
P.O. BOX 1988
SANTA ANA, CALIFORNIA 92703

EQUIPMENT LEASE
A PORTION OF PART OF LOTS 13 & 14, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON THAT RECORD OF SURVEY 27-44, REPLAT OF SANTA ANA ACRES, IN BOOK OF MAPS 47, PAGE 37 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FURTHER DESCRIBED AS FOLLOWS:

COMMENCE AT THE FOUND NAIL AND TAG AT THE CENTERLINE INTERSECTION OF

WEST MCFADDEN STREET AND SOUTH CENTER STREET (NOW ABANDONED) AS SHOWN ON SAID RECORD OF SURVEY;

THENCE ALONG THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET NORTH 0°35'17" EAST, 42.00 FEET;
THENCE NORTH 0°35'17" EAST, 491.60 FEET;

THENCE DEPARTING THE CENTERLINE OF SAID ABANDONED SOUTH CENTER STREET SOUTH 89°24'43" EAST, 74.30 FEET TO THE SOUTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER, THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID SHELTER NORTH 0°35'17" EAST, 24.00 FEET TO THE NORTHWEST CORNER OF THE EXISTING EQUIPMENT SHELTER;

THENCE DEPARTING THE WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SHELTER SOUTH 89°24'43" EAST, 12.00 FEET TO THE NORTHEAST CORNER OF SAID SHELTER;

THENCE DEPARTING THE NORTHERLY LINE AND ALONG THE EASTERLY LINE OF SAID SHELTER SOUTH 0°35'17" WEST, 24.00 FEET TO THE SOUTHEAST CORNER OF SAID SHELTER;

THENCE DEPARTING THE EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID SHELTER NORTH 89°24'43" WEST, 12.00 FEET TO THE TRUE POINT OF BEGINNING.

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TOGETHER WITH AND RESERVING NON-EXCLUSIVE RIGHTS OF ACCESS AND FOR UTILITIES TO AND FROM THE SURVEYED PROPERTY TO THE PUBLIC RIGHT-OFWAY.

CONTAINING 288 SQUARE FEET, OR 0.0066 ACRES, MORE OR LESS.

OWNER:

CITY OF SANTA ANA,

FINANCE & ACCOUNTING
P.O. BOX 1988
SANTA ANA, CALIFORNIA 92703
[Land Survey Follows]
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EXHIBIT D
Licensee’s Facilities
THE LICENSEE’S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT

NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING

EQUIPMENT, BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO

FREQUENCY TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING

STRUCTURES AND IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS:

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Other Insurance Provisions
The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall provide thirty (30) days’ prior written notice of cancellation, except for non-payment of premium in which a ten (10) day notice shall apply to LICENSOR.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to LICENSOR.

LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location.

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GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND
NCWPCS MPL 30 – YEAR SITES TOWER HOLDINGS LLC

FOR WIRELESS TELECOMMUNICATIONS FACILITIES

AT SANTA ANA STADIUM
This Ground License Agreement (“Agreement”) made this 18th day of March, 2025, is entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated as “LICENSOR” and NCWPCS MPL 30 – YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, by and through CCATT LLC, a Delaware limited liability company, its attorney in fact, hereinafter designated “LICENSEE.” LICENSOR and LICENSEE are at times collectively referred to hereinafter as the “Parties.” A Ground License for Wireless Telecommunications Facilities allows the City of Santa Ana to make certain properties available for the construction of new telecommunications facilities or the renewal of existing telecommunications facility agreements on the property. This will be a license for the use of the real estate as specified in the Agreement.

1. PROPERTY. LICENSOR is the owner of that certain real property located at 951 W 6th Street, Santa Ana, CA 92703, commonly known as Santa Ana Stadium (the entirety of LICENSOR’s property is referred to hereinafter as the “Property” and a legal description of the Property is attached hereto as Exhibit A).

2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site for Business Unit Number 845344 and being described as approximately nine hundred twenty-three (923) square feet for LICENSEE’s wireless telecommunications facilities as defined in Section 11 of this Agreement, which LICENSEE was granted a lease for in the Original Agreement (as defined in Section 3 below, and further described in Exhibit B, attached hereto for reference only). The licensed area of the Property, referred to hereinafter as the “Premises,” is substantially described in Exhibit C attached hereto and incorporated fully.

4. TERM. The Effective Date of this Agreement shall be April 1, 2025, and shall remain in effect for a period of ten (10) years (the “Initial Term”).

EXHIBIT 4
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A. If LICENSOR, in its reasonable discretion determines that LICENSEE’s continued use of the Premises is not in conformity with LICENSOR’s intended use of the Property, LICENSOR shall provide written notice to LICENSEE that the Agreement will not be extended at least six (6) months prior to the expiration of the initial term. If no such notice is provided, the Agreement automatically extends for the first Renewal Term.

B. Thereafter, each subsequent renewal shall be subject to the following procedure:

If LICENSEE determines that it desires to extend the term, LICENSEE shall provide written notice six (6) months prior to the end of then-current term.

8. LICENSE FEES.

A. The License Fee for the first year shall be an annual amount of Twenty-Eight Thousand, Eight Hundred and 00/100 Dollars ($28,800.00) based on a monthly amount of Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) to be paid annually in full on the first day of the year, in advance, to LICENSOR or to such other person, firm or place as LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any License Fee payment date.

B. If License Fee is not paid within fifteen (15) days after the due date and provided LICENSOR has complied with all applicable notice and cure City Council 12 – 220 3/18/2025

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provisions herein, LICENSEE agrees to pay a late charge equal to six percent (6%) of the then- current License Fee.

C. License Fee amounts attributable to partial months shall be prorated on a daily basis.

D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date.

9. GOVERNMENTAL APPROVALS.

A. It is understood and agreed that LICENSEE’s ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, including without limitation those by the City acting in its regulatory authority (collectively the “Governmental Approvals”), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE’s use of the Premises as set forth herein.

All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR.

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11. USE/MAINTENANCE.

A. LICENSEE shall have the right to construct, maintain, install, repair, and operate, on the Premises, wireless telecommunications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements (“LICENSEE’s Facilities”) as authorized and delineated in the plans and survey attached as Exhibit D, as may be modified from time to time in accordance with this Agreement. All improvements shall be at LICENSEE’s sole expense and the installation of all improvements shall be at the discretion and option of LICENSEE, with LICENSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LICENSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 10 above, and LICENSEE agrees to submit architectural and engineering drawings (“Plans”) and artistic renderings of the equipment to be installed.

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twenty-four (24) hours a day, seven (7) days a week, at no charge to LICENSEE. LICENSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LICENSEE. Except in cases of emergency, LICENSEE agrees to provide twenty-four (24) hours’ notice to LICENSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LICENSEE’s Facilities, such maintenance must be completed by LICENSEE within thirty (30) calendar days of notice by LICENSOR, if given, or the beginning of work by LICENSEE, whichever occurs first.

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Premises; (3) LICENSOR has provided LICENSEE access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to LICENSEE the opportunity to investigate, sample, and analyze the soil and groundwater on the Premises for the presence of hazardous materials; (4) by signing this Agreement, LICENSEE represents and warrants to LICENSOR that LICENSEE does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; and (5) with respect to any hazardous material which LICENSEE knows or has reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material," as used herein, has the same meaning as that phrase has in Section 14 of this Agreement.

J. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR subject to any applicable cure periods.

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Premises.

14. HAZARDOUS MATERIALS.

A. LICENSEE shall at all times and in all respects comply with all federal, state, and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.) Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety 9 Amended 2018 MLA: CTC Approved May18- 19, 2022 Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations, and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal, or transportation of any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials, or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws").

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reasonable cause to believe has come or will come to be located on or beneath the Premises, LICENSEE agrees to promptly commence and complete the removal of the hazardous material at no cost or expense to LICENSOR and in full compliance with all applicable laws, regulations, permits, approvals, and authorizations. The phrase "hazardous material", as used herein, has the same meaning as that phrase has in Section 14 B. of this Agreement.

E. In no case shall LICENSEE cause or allow the deposit or disposal of any hazardous materials of any kind on the Property, in any manner prohibited by law. LICENSOR, or its agents or contractors, shall upon seventy-two hours’ prior notice to LICENSEE and accompanied by an escort designated by LICENSEE, have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. In the event of emergency, where LICENSOR cannot reasonably comply with the foregoing notice requirement, LICENSOR shall have the right to access the Premises and LICENSOR shall, within forty-eight (48) hours following actual notice of emergency access, inform LICENSEE of (i) the date and time of emergency access and (ii) the nature of the event requiring emergency access. This inspection may include taking samples of substances and materials present for testing, and/or the testing of surface soils and sub-surface soils. In the event LICENSEE breaches any of the provisions of this Section, this Agreement may be terminated by LICENSOR, subject to any applicable cure periods.

LICENSEE shall not be responsible for or bear the cost of removal or disposal of City Council 12 – 226 3/18/2025

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hazardous materials introduced to the Property by any party other than LICENSEE during any period prior to commencement of LICENSEE's period of use of the Premises.

17. INTERFERENCE.

A. LICENSEE’s Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date the Original City Council 12 – 227 3/18/2025

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Agreement was fully executed (“Pre-Existing Communications”), or public safety communications operations, as may be upgraded periodically, and LICENSEE’s Facilities shall comply with all non-interference rules of the Federal Communications Commission (“FCC”). LICENSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LICENSEE’s use of the Premises or encroaches upon the Premises.

19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License City Council 12 – 228 3/18/2025

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Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LICENSOR shall have the right and privilege to conduct City Business on the Property, as necessary. “City Business” shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City-sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LICENSEE’s Facilities.

20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement.

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23. EMERGENCY USE OF PREMISES. LICENSEE shall make available to police, fire, and emergency services of the City of Santa Ana space on its communications tower at no cost to LICENSEE or said entities, subject to structural analysis, provided LICENSEE’S antenna structure and license area can accommodate LICENSOR’s proposed equipment and space is available, which determination shall be made by LICENSEE in its reasonable and good faith discretion. If the City of Santa Ana exercises its right to collocate pursuant to this Section, LICENSOR shall negotiate, in good faith, a tower license agreement (“Tower License Agreement”) with terms mutually agreed upon by LICENSOR and LICENSEE at that time. LICENSEE agrees that LICENSOR shall be entitled to utilize LICENSEE’S Facilities without paying the Basic Monthly Consideration as defined in the Tower License Agreement. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LICENSEE’s communications operations. As to any future colocations, their respective installations will be permitted only at such locations that will not cause interference with LICENSEE or LICENSOR and the City of Santa Ana’s operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided “power backup” by LICENSEE, if available at the Premises.

25. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.

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26. ATTORNEY’S FEES. The prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any.

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satisfactory in the LICENSOR’s reasonable discretion, LICENSOR shall have the right to:
i. Upon reasonable notice, review LICENSEE’s records related to Tower Rent, including but not limited to, invoices, contracts, and any other documentation supporting the amount of Tower Rent received by LICENSEE;
ii. Conduct an audit: LICENSOR may, at its own expense and upon reasonable notice to LICENSEE, conduct an audit of LICENSEE’s books and records related to the Tower Rent to verify the accuracy of the reported amounts.
d. LICENSEE shall cooperate fully with LICENSOR’s reasonable requests for information and access to records in connection with the verification of the Additional License Fee.
2) LICENSEE shall obtain LICENSOR’s consent on any sublicense, or similar form of occupancy, or colocation agreement, and affidavits stating the colocation rent. 3) Each colocatee shall have a separate agreement with the term(s) running coterminous (all starting and expiring on the same date) with the primary or original LICENSEE Agreement.
4) In the event LICENSEE does not have adequate ground space for colocatee; LICENSEE and LICENSOR shall amend the Agreement to include the additional required ground space for the colocatee. The Amendment to the Agreement shall specify the monthly amount that LICENSEE shall pay LICENSOR for the additional ground space required. That amount shall be determined by the additional required ground space as specified below:

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additional payment shall be required.

LICENSOR:

City Clerk
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
With Copies To:

Public Works Agency
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
LICENSEE:

NCWPCS MPL 30 – Year Sites Tower Holdings LLC
Legal Department
Attn: Network Legal
208 S. Akard Street
Dallas, TX 75202-4206
With Copies To:

CCATT LLC
Attn: Legal – Real Estate Department
2000 Corporate Drive
Canonsburg, PA 15317
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

30. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, City Council 12 – 233 3/18/2025

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successors, administrators and permitted assigns of the Parties hereto.

31. RELOCATION RIGHT.

Upon relocation of LICENSEE’s Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LICENSOR, to operate and maintain LICENSEE’s Facilities.

Upon relocation of LICENSEE’s Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site.

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38. TERMINATION.

39. MISCELLANEOUS PROVISIONS.

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B. The Parties agree that LICENSOR has entered into this Agreement in its proprietary capacity as owner of the Premises and not in any regulatory capacity.

C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

D. In the event of any conflict of inconsistency between the terms and condition in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. [signature page follows]
City Council 12 – 237 3/18/2025
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.03.03
17:15:27 -08'00'
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EXHIBIT A
Legal Description of the Property
GILDMACHERS ADD LOT 9 AND LOTS 10 TO 12 INC AND CONSTANTINES ADD LOTS 11 TO 15 INC -INC ALLEY ADJ-AND GROUARDS ADD ALL LOT 1 -INC POR ST ADJAND LOTS 2 TO 11 INC AND IRREG LOT IN SEC 12 T 5 R 10 TR 291 City Council 12 – 239 3/18/2025

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EXHIBIT B
Original Agreement
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EXHIBIT C
Legal Description and Survey of the Premises

TOWER LICENSE
THAT PORTION OF LOT 1, IN BLOCK B OF GROUARD'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGE 38 OF

MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTERLINE INTERSECTION OF NORTH FLOWER STREET AND WEST 6TH STREET;
THENCE NORTH 89° 24' 26" WEST, ALONG THE CENTERLINE OF WEST 6TH STREET, 356.50 FEET;
THENCE NORTH 00° 35' 34" EAST, DEPARTING SAID CENTERLINE, 30.00 FEET TO THE TRUE POINT OF BEGINNING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET;
THENCE NORTH 89° 24' 26" WEST, ALONG SAID RIGHT-OF-WAY LINE, 45.00 FEET; THENCE NORTH 00° 35' 34" EAST, DEPARTING SAID RIGHT-OF-WAY LINE, 20.50 FEET; THENCE SOUTH 89° 24' 26" EAST, 45.00 FEET;
THENCE SOUTH 00° 35' 34" WEST, 20.50 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.021 ACRES (923 SQUARE FEET) OF LAND, MORE OR LESS.

PROPERTY OWNER

THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION

PROPERTY ADDRESS
951 W 6TH STREET, SANTA ANA, CALIFORNIA 92703

PARCEL NUMBER
405-191-01
[Land Survey Follows]
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EXHIBIT D
Licensee’s Facilities
THE LICENSEE’S WIRELESS TELECOMMUNICATIONS FACILITIES INCLUDING BUT

NOT LIMITED TO, RADIO FREQUENCY TRANSMITTING AND RECEIVING EQUIPMENT,

BATTERIES, UTILITY LINES, TRANSMISSION LINES, RADIO FREQUENCY

TRANSMITTING AND RECEIVING ANTENNAS AND SUPPORTING STRUCTURES AND

IMPROVEMENTS, AS AUTHORIZED UNDER THE AGREEMENT, ARE DESCRIBED AS FOLLOWS:

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Other Insurance Provisions
The commercial general liability and automobile liability insurance policies are to contain, or be endorsed to contain, the following provisions:

Notice of Cancellation
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to LICENSOR.

LICENSOR reserves the right to review complete, copies of all required insurance policies, including endorsements required by these specifications upon request and at a mutually agreeable location.

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Finance and Management Services
www.santa-ana.org/finance
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 18, 2025
TOPIC: Administrative Hearing Officers

AGENDA TITLE
Agreements with JL Group, LLC; Kane, Ballmer & Berkman; Michael Raneses dba Michael Raneses Administrative Hearings; Nastich Law, APC; Palacios Law Office; Robert M. Snider, Attorney at Law; Serviam by Wright, LLP; and The ADR Coach, Inc. for Administrative Hearing Officer Services (Specification 24-127) (General & NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with each of the eight firms listed below for Administrative Hearing Officer services on an as-needed basis, in a total aggregate amount not to exceed $2,770,000, for an initial three-year term beginning March 18, 2025 and expiring March 17, 2028, with provisions for one, two-year extension (Core Agreement No. A-2025-XXX).

Firms Location
JL Group, LLC Laguna Niguel, CA
Kane, Ballmer & Berkman Los Angeles, CA
Michael Raneses Administrative Hearings Tustin, CA
Nastich Law, APC Berkeley, CA
Palacios Law Office Riverside, CA
Robert M. Snider, Attorney at Law Palm Desert, CA
Serviam By Wright, LLP Irvine, CA
The ADR Coach, Inc. Los Angeles, CA
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Since the 1950s, the City of Santa Ana has permitted the use of administrative hearings as a means of resolving appeals or conducting additional review on decisions made by City representatives. Hearing officers act on administrative appeals of code enforcement citations and compliance orders by serving as an impartial person who is experienced with legal processes as well as building, zoning, and other code regulations. These officers will make determinations based on the Municipal Code and have the ability to City Council 13 – 1 3/18/2025
Administrative Hearing Officers
March 18, 2025

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issue or modify compliance orders to improve the rate of violation abatement. Additionally, the utilization of contracted hearing officers helps reduce conflicts of interest, warrant decisions based on knowledge and understanding of the latest codes, and ensure timely appeal hearings.

Administrative hearings have become more common within government agencies as they expand their programs and services but do not wish to inundate legislative bodies with resolving all appeals received. The City has seen an increase in demand for administrative hearings due to regulatory expansions from local or state directives.

Presently, the Santa Ana Municipal Code references administrative hearings and panels in all of the following sections:

1. Code Enforcement: SAMC § 1-18.1

2. Environmental Sanitation Violations: SAMC § 1-18.2 and SAMC § 1-21

3. Buildings and Structures: SAMC Chapter 8 (Various Subsections)

4. Rent Stabilization and Just Cause Eviction Ordinance: SAMC § 8-3145(f) (Per Ordinance No. NS-3052)

5. Refuse Violations: SAMC Chapter 16 (Various Subsections)

6. Public Safety Sensitive Business Establishments: SAMC § 18-90 through 18-105; SAMC § 22-1 through 22-16

7. Non-Regulatory Business License Tax: SAMC § 21-41

8. Cannabis Business License Tax: SAMC § 21-41

9. Hotel Visitors Tax: SAMC § 35-133

10.Utility Users Tax for Electric, Gas & Telecommunications: SAMC § 35-173 Due to the continuing increase in demand, representatives from various City agencies collaborated to consolidate their efforts for administrative hearings. Request for Proposals (RFP) 24-127 was issued on October 24, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:

Request for Proposals (RFP) 24-127 was issued on October 24, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
440 Vendors notified
0 Santa Ana vendors notified
22 Vendors downloaded the RFP packet
8 Proposals received
0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on November 12, 2024, and evaluated. Eight proposals were submitted by the RFP deadline and all eight were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed City Council 13 – 2 3/18/2025
Administrative Hearing Officers
March 18, 2025

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and rated the proposals according to the criteria listed in the RFP. The following summarizes the responding firms and their rankings:

Firm Location Rank
Kane, Ballmer & Berkman Los Angeles, CA 1
Michael Raneses Administrative Hearings Tustin, CA 2
Palacios Law Office Riverside, CA 3
Nastich Law, APC Berkeley, CA 4
The ADR Coach, Inc. Los Angeles, CA 5
JL Group, LLC Laguna Niguel, CA 6
Serviam By Wright, LLP (TIE) Irvine, CA 7
Robert M. Snider, Attorney at Law (TIE) Palm Desert, CA 7 The evaluation committee evaluated proposals in accordance with the RFP criteria and determined that all eight firms met the City’s specifications, demonstrated vast experience working with public agencies, the capacity to provide Administrative Hearing Officer services on-site and remotely to various City Departments, and can meet the City’s needs as set forth in the RFP documents. Staff recommends awarding agreements to all eight firms (Exhibits 1-8) to ensure sufficient resources are available for all using departments.

Approval of agreements to the abovementioned recommended firms will allow the City to contract with qualified, experienced consultants for specific administrative hearings in a timely manner and ensure sufficient resources are available to hold hearings on an asneeded basis by various Agencies citywide. Staff will also be better able to respond quickly to fluctuating demands and ultimately provide better service to customers of the City of Santa Ana.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding for services performed by June 30, 2025 are already included in the adopted FY24-25 budget. Funding for subsequent fiscal years will be included in the appropriate proposed budget for City Council consideration.

Fiscal
Year
Accounting
Unit – Acct # Fund Description Accounting Unit, Acct Description Amount 01110130-
62300 FMSA General Funds Contact Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $80,000 2024-
25 01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $10,000
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March 18, 2025

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18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $350,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $150,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contact Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $80,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $10,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 350,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2025-
26 01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $90,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 350,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2026-
27 01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $90,000 2027-
28*
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
City Council 13 – 4 3/18/2025
Administrative Hearing Officers
March 18, 2025

Page 5 ends

18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 150,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
01110130-
62300 FMSA General Funds Contract Services Professional $15,000 011165XX62300 PBA General Funds Contract Services
Professional $90,000
01216010-
62300
PBA Enforcement
Svc
Contract Services
Professional $15,000
18518700-
62300
CDA Rent
Stabilization
Contract Services
Professional $ 350,000
06917640-
62300
PWA Refuse
Collection Svc
Contract Services
Professional $100,000
06817641-
62300
PWA Roadway
Cleaning
Contract Services
Professional $15,000
2028-
29*
01114XXX62300 SAPD General Funds Contract Services
Professional $5,000
*Denotes an optional extension year, not part of initial term Grand Total: $2,770,000

EXHIBIT(S)

1. Consultant Agreement for JL Group, LLC

2. Consultant Agreement for Kane, Ballmer & Berkmen

3. Consultant Agreement for Michael Raneses Administrative Hearings

4. Consultant Agreement for Nastich Law, APC

5. Consultant Agreement for Palacios Law Office

6. Consultant Agreement for Robert M. Snider, Attorney at Law

7. Consultant Agreement for Serviam By Wright, LLP

8. Consultant Agreement for The ADR Coach, Inc
.

Submitted By: Alexander Trinidad, Acting FMSA Executive Director Approved By: Alvaro Nuñez, City Manager
City Council 13 – 5 3/18/2025
EXHIBIT 1
City Council 13 – 6 3/18/2025
City Council 13 – 7 3/18/2025
City Council 13 – 8 3/18/2025
City Council 13 – 9 3/18/2025
City Council 13 – 10 3/18/2025
City Council 13 – 11 3/18/2025
City Council 13 – 12 3/18/2025
City Council 13 – 13 3/18/2025
City Council 13 – 14 3/18/2025
City Council 13 – 15 3/18/2025
City Council 13 – 16 3/18/2025
City Council 13 – 17 3/18/2025
City Council 13 – 18 3/18/2025
City Council 13 – 19 3/18/2025
City Council 13 – 20 3/18/2025
EXHIBIT 2
City Council 13 – 21 3/18/2025
City Council 13 – 22 3/18/2025
City Council 13 – 23 3/18/2025
City Council 13 – 24 3/18/2025
City Council 13 – 25 3/18/2025
City Council 13 – 26 3/18/2025
City Council 13 – 27 3/18/2025
City Council 13 – 28 3/18/2025
City Council 13 – 29 3/18/2025
City Council 13 – 30 3/18/2025
City Council 13 – 31 3/18/2025
City Council 13 – 32 3/18/2025
City Council 13 – 33 3/18/2025
City Council 13 – 34 3/18/2025
City Council 13 – 35 3/18/2025
EXHIBIT 3
City Council 13 – 36 3/18/2025
City Council 13 – 37 3/18/2025
City Council 13 – 38 3/18/2025
City Council 13 – 39 3/18/2025
City Council 13 – 40 3/18/2025
City Council 13 – 41 3/18/2025
City Council 13 – 42 3/18/2025
City Council 13 – 43 3/18/2025
City Council 13 – 44 3/18/2025
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City Council 13 – 46 3/18/2025
City Council 13 – 47 3/18/2025
City Council 13 – 48 3/18/2025
City Council 13 – 49 3/18/2025
City Council 13 – 50 3/18/2025
EXHIBIT 4
City Council 13 – 51 3/18/2025
City Council 13 – 52 3/18/2025
City Council 13 – 53 3/18/2025
City Council 13 – 54 3/18/2025
City Council 13 – 55 3/18/2025
City Council 13 – 56 3/18/2025
City Council 13 – 57 3/18/2025
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City Council 13 – 62 3/18/2025
City Council 13 – 63 3/18/2025
City Council 13 – 64 3/18/2025
City Council 13 – 65 3/18/2025
EXHIBIT 5
City Council 13 – 66 3/18/2025
City Council 13 – 67 3/18/2025
City Council 13 – 68 3/18/2025
City Council 13 – 69 3/18/2025
City Council 13 – 70 3/18/2025
City Council 13 – 71 3/18/2025
City Council 13 – 72 3/18/2025
City Council 13 – 73 3/18/2025
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City Council 13 – 77 3/18/2025
City Council 13 – 78 3/18/2025
City Council 13 – 79 3/18/2025
City Council 13 – 80 3/18/2025
EXHIBIT 6
City Council 13 – 81 3/18/2025
City Council 13 – 82 3/18/2025
City Council 13 – 83 3/18/2025
City Council 13 – 84 3/18/2025
City Council 13 – 85 3/18/2025
City Council 13 – 86 3/18/2025
City Council 13 – 87 3/18/2025
City Council 13 – 88 3/18/2025
City Council 13 – 89 3/18/2025
City Council 13 – 90 3/18/2025
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City Council 13 – 92 3/18/2025
City Council 13 – 93 3/18/2025
City Council 13 – 94 3/18/2025
City Council 13 – 95 3/18/2025

AGREEMENT WITH SERVIAM BY WRIGHT LLP TO PROVIDE

ADMINISTRATIVE HEARING OFFICER SERVICES
THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between Serviam by Wright, LLP, a California limited liability partnership ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. On October 24, 2024, the City issued Request for Proposals No. 24-127, by which it sought Consultants to provide as-needed administrative hearing officer services for various agencies of the City of Santa Ana. The scope of work includes any and all work efforts related to administrative hearings, preparation of hearings as scheduled by City staff, reviewing case documentation submitted with appeals, performing legal research, conducting hearings, and preparing written decisions.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A.

C. Consultant was selected as one of eight (8) vendors which qualified for this engagement.

Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services.

D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
a. On an as-needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein.
b. When the need for services arise, City may initiate services through use of written correspondence, executed by authorized City staff and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and authorizing written correspondence for a specific assignment. The Treasury & Customer Service Manager or their designee will maintain the directory of authorized staff who will be permitted to issue assignments to the Consultants.

Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work.

EXHIBIT 7
City Council 13 – 96 3/18/2025
City Council 13 – 97 3/18/2025
City Council 13 – 98 3/18/2025
City Council 13 – 99 3/18/2025
City Council 13 – 100 3/18/2025
City Council 13 – 101 3/18/2025
City Council 13 – 102 3/18/2025
City Council 13 – 103 3/18/2025
City Council 13 – 104 3/18/2025
City Council 13 – 105 3/18/2025
City Council 13 – 106 3/18/2025
City Council 13 – 107 3/18/2025
City Council 13 – 108 3/18/2025
City Council 13 – 109 3/18/2025
City Council 13 – 110 3/18/2025
AGREEMENT WITH THE ADR COACH, INC. TO PROVIDE

ADMINISTRATIVE HEARING OFFICER SERVICES
THIS AGREEMENT is made and entered into on this 18TH day of March, 2025 by and between The ADR Coach, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-127 and attached as Exhibit A.

C. Consultant was selected as one of eight (8) vendors which qualified for this engagement.

Only those consultants approved by the City Council on March 18, 2025 shall be eligible to be engaged by the City for these services.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

Consultants are prohibited from accepting assignments from City staff whom are not authorized to issue said assignment and work.

EXHIBIT 8
City Council 13 – 111 3/18/2025
City Council 13 – 112 3/18/2025
City Council 13 – 113 3/18/2025
City Council 13 – 114 3/18/2025
City Council 13 – 115 3/18/2025
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City Council 13 – 122 3/18/2025
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City Council 13 – 124 3/18/2025
City Council 13 – 125 3/18/2025
Information Technology
www.santa-ana.org/IT
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 18, 2025
TOPIC: Data and Video Communication Services

AGENDA TITLE
Agreement with Charter Communications, LLC for Data and Video Communication Services (Specification 25-037) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Charter Communications Operating, LLC (doing business as Spectrum) for data and video communications services, in an amount not to exceed $300,000 annually or $2,100,000 over the life of the agreement, for a four-year period beginning March 18, 2025 through March 17, 2029, with provisions for three, optional one-year renewals (Agreement No. A-2025- XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As the local cable franchisee, the City of Santa Ana has long utilized video services provided by Charter Communications (formerly Time Warner Communications and Adelphia Communications). In June 2014, the City expanded its service portfolio by incorporating data services through Time Warner Business Class, enabling the connection of various remote sites—such as libraries, community centers, parks, and other municipal facilities—to the City Hall network.

Currently, 26 City facilities, including Santa Ana City Hall, Santa Ana Public Libraries, and multiple park and community locations, rely on these data connections for operational efficiency and seamless communication. These services support a range of critical municipal functions, including public safety operations, community engagement initiatives, and digital services that benefit residents and businesses.

For most locations, these data connections serve as the primary network link. In select sites, they function as redundant backup connections, ensuring continuity in the event of network disruptions. This dual-role infrastructure not only enhances the City’s digital City Council 14 – 1 3/18/2025
Data and Video Communication Services
March 18, 2025

Page 2 ends

resilience, but also improves overall network performance allowing for faster, and reliable service delivery across departments.

When deploying Charter data services at a new location, the vendor installs a dedicated fiber connection that is fully managed and routed back to Santa Ana City Hall. A key advantage of this agreement is that Charter does not impose any upfront construction costs for fiber installation at City sites. However, to access these services, the City must commit to a minimum 36-month lease per site.

Given the long-term benefits and cost-effective nature of this arrangement, staff recommends securing an extended multi-year authorization from the City Council to maintain continuity and maximize operational efficiencies.

Santa Ana City Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the data and video communication services offered by Charter Communications Operating, LLC (doing business as Spectrum) meets agency specifications. Charter owns and operates the existing infrastructure within the City’s region.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 24-25 budget, with funding for subsequent fiscal years to be included in proposed budgets for City Council consideration under various departmental Professional Services Expense accounts (No. 62300). Actual usage may vary based on needs and budget capacity but will not exceed the contract limit of $2,100,000.

Below is the estimated usage of funds:

Fiscal
Year Agreement Term
Estimated Not-ToExceed Amount
FY 24-25 March 18, 2025 - June 30, 2025 $75,000
FY 25-26 July 1, 2025 - June 30, 2026 $300,000
FY 26-27 July 1, 2026 - June 30, 2027 $300,000
FY 27-28 July 1, 2027 - June 30, 2028 $300,000
FY 28-29 July 1, 2028 - June 30, 2029 $300,000
FY 29-30 July 1, 2029 - June 30, 2030 $300,000
FY 30-31 July 1, 2030 - June 30, 2031 $300,000
City Council 14 – 2 3/18/2025
Data and Video Communication Services
March 18, 2025

Page 3 ends

FY 31-32 July 1, 2031 - March 17, 2032 $225,000
Total $2,100,000

EXHIBIT(S)

1. Spectrum Master Service Agreement

2. Spectrum Service Order
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 14 – 3 3/18/2025
Enterprise Service Agreement v 240607 CONFIDENTIAL Page 1 of 15 © 2016-2024 Charter Communications, all rights reserved

SPECTRUM ENTERPRISE SERVICE AGREEMENT
The customer identified below (“Customer”) hereby acknowledges and agrees to the Commercial Terms of Service attached hereto (“Terms of Service”) with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a “Service Order”), which together with this agreement constitute the “Service Agreement” by and between Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the services hereunder (“Spectrum”).

Agreement

BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.

Authorized Signature for Customer Charter Communications Operating, LLC By: Charter Communications, Inc., its Manager
By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Form Attest
By: By:

Name: Name:

Title Title:

Date: Date:

Spectrum Sales Support Contact Information
Spectrum Account Executive: Wayne Gilchrist
Office: (760) 674-5543 Mobile: (760) 289-9703
Email: [email protected]
Customer Information
Customer Name (Exact Legal Name): City of Santa Ana
Street Address: 20 Civic Center Plaza Suite: City: Santa Ana State: CA Zip: 92701 Customer’s Main Tel. No.: (714) 647-5400
Customer Contact Name:

Mike Fetner
Melanie Torres
Email:

[email protected]
[email protected]
Tel No:
(714) 647-5384
(714) 647-5373
Billing Address: 20 Civic Center Plaza Suite: M-42 City: Santa Ana State: CA Zip: 92701 Billing Contact Name:

Melanie Torres
Mike Fetner
Email:

[email protected]
[email protected]
Tel No:
(714) 647-5373
(714) 647-5384
Mark A Kornegay
2/24/2025
GVP, Vertical Markets Sales
Jon Martinez Assistant City Attorney Feb 25, 2025
City Council 14 – 4 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 2 of 15 © 2016-2024 Charter Communications, all rights reserved Recommended for Approval
By:

Name:

Title:

Date:

COMMERCIAL TERMS OF SERVICE
These Terms of Service include all Service Attachments (defined below), any applicable Service Level Agreements, and all other documents identified hereunder, each of which are incorporated herein by reference. The Service Attachments further describe Spectrum’s services (each a “Service” and collectively the “Services”) and set forth additional terms and conditions for the applicable Service. Spectrum and Customer may each be referred to herein as a “Party” and collectively as the “Parties.”

GENERAL

1. SERVICE AGREEMENT TERM. The Service Agreement shall be effective upon the latest date of the signatures of the Parties (the “Effective Date”). The Service Agreement shall remain in effect for forty-eight (48) months from the Effective Date (the “Term”). The Term may be extended up to three (3) times for terms of twelve (12) months by agreement of both parties in writing. Either Party shall notify the other Party of Its desire not to renew this Service Agreement by giving sixty (60) days prior written notice to the other party before the expiration of the then current Agreement Term.

2. SERVICES. Customer shall request Services hereunder by submitting Service Orders in a manner required by Spectrum. All submitted Service Orders are subject to approval and acceptance by Spectrum.Upon Spectrum’s acceptance of a Service Order, as indicated by: (a) Spectrum’s written acceptance, (b) Spectrum’s delivery of the Services, or (c) commencement of installation, such Service Order shall be deemed incorporated into the Service Agreement. Spectrum shall provide the Services to Customer at the Service address(es) specified in the applicable Service Order (“Service Location(s)”).

3. ORDER TERM. The “Initial Order Term” is the time period starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date”) and continuing for the period of time specified in the Service Order(s). If no Initial Order Term is specified in a Service Order, the Initial Order Term is twelve (12) months from the Billing Start Date.

Upon expiration of the Initial Order Term, the applicable Service Order shall automatically renew for successive one-month terms (each a “Renewal Order Term”, collectively with the Initial Order Term, the “Order Term”), unless either Spectrum or Customer elects to not renew the Service Order by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term. For the purposes of clarification, each Party’s rights and obligations under this Service Agreement shall continue until the expiration or termination of any Order Term set forth in any Service Order under the Service Agreement.

4. AVAILABILITY OF FACILITIES. Customer understands that certain Services, or certain features, may not be available in all Spectrum service areas, may change from time to time and Spectrum may decline to provide any requested Services.

Spectrum’s ability to provide Services depends upon its ability to secure and retain, without additional expense, suitable facilities, third-party connections, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. If Spectrum is unable to secure and retain such items in accordance with the foregoing, Spectrum may decline to accept or cancel a Service Order upon notice to Customer in accordance with Section 5(f). Spectrum may act as Customer's agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network.

5. SERVICE LOCATION ACCESS AND INSTALLATION.
(a) Access. Spectrum requires reasonable access to each Service Location at any time throughout the Term as necessary for Spectrum to provide the Services and to review, install, inspect, maintain, repair, or remove any Spectrum-provided cabling, wiring, modems, related splitters, routers or other equipment (“Spectrum Equipment”) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants Spectrum permission to enter the Service Location(s) in order for Spectrum to fulfill its obligations and exercise its rights under the Service Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with Spectrum's reasonable assistance, appropriate right of access. If such right of access for Spectrum is not obtained by either Party, then Spectrum may decline Customer’s request for Services, or terminate or amend the affected Service Order with respect to the Service Location that Spectrum cannot access, without any liability to Customer.
(b) Installation Review. Spectrum may perform, either before or after acceptance of a Service Order, an installation review (including a review of Customer’s inside wiring) of each proposed Service Location prior to installation of the Services to determine the serviceability of such network location and/or the need to extend Spectrum’s facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network”) to provide the Services at the Service Location. (c) Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of Spectrum Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture, and furnishings as necessary to access the Spectrum Equipment or Services.

City Council 14 – 6 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 4 of 15 © 2016-2024 Charter Communications, all rights reserved In addition, Customer shall provide Spectrum with floor space, rack space, other space, wiring (except if wiring is to be provided by Spectrum as set forth below), and clean power all as is reasonably necessary for the installation, operation, and delivery of Spectrum Equipment and Services at the Service Location(s). Notwithstanding the foregoing, any wiring that Spectrum installs between the point of entry into the building at the Service Location to the applicable network interface device (“NID”) is referred to herein as “Demarc Wiring.” Any wiring from the NID to the terminating equipment at the Service Location (e.g., cameras, WiFi access points, phones, etc.) is referred to herein as “Inside Wiring.” Spectrum will install Demarc Wiring as necessary in connection with installation of the Service. Additionally, Spectrum offers a wiring installation service related to certain Services, whereby Spectrum will install Inside Wiring if selected by Customer and Customer enters a Service Order for such installation.

With regard to both Demarc Wiring and Inside Wiring that Spectrum installs, such wiring is considered part of the Spectrum Equipment.

Customer shall not charge Spectrum, and shall ensure that Spectrum does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, inside wiring, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services (“End User”) shall be borne solely by Customer. Any failure or refusal by Customer to be ready to receive Services shall not release Customer from its obligation to pay Service Charges (defined below) for any Services that would otherwise be available for Customer’s use. (d) Installation. Spectrum will schedule one or more installation visits with Customer. At Customer’s request, Spectrum may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on Spectrum’s actual incurred labor, material or other costs for such non-routine installation or maintenance. Customer’s authorized representative must be present during installation.

If Spectrum is unable to install the Service as a result of (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to Spectrum; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; (iii) Spectrum’s inability to obtain access to equipment at the Service Location as necessary for installation of the Service, or (iv) Customer’s Equipment (as defined herein) being inadequate to interconnect with the Services, then Customer shall pay Spectrum a Service Charge at Spectrum’s then prevailing rates for any installation trip made by Spectrum and an additional Service Charge for each subsequent trip necessary to perform the Service installation. In addition, if Spectrum’s installation of the Service is delayed as a result of Customer’s actions or inactions as set forth above or if Customer is otherwise refusing or not ready to receive Services, then Spectrum will notify Customer that Spectrum is ready to finalize installation of the Services (the “Ready Notice”) and may begin invoicing Service Charges as set forth in Section 7 upon the earlier of the Billing Start Date or sixty (60) days after the date of the Ready Notice.

Customer shall perform interconnection of the Services and Spectrum Equipment with any Customer- provided or End User equipment (collectively, “Customer Equipment”), unless otherwise set forth in a Service Attachment or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by Spectrum. (e) Spectrum shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by Spectrum’s faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in Spectrum’s sole opinion, hazardous or dangerous to Spectrum’s employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, Spectrum may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by Spectrum arising from any such hazardous or dangerous conditions. (f) Service Order Revisions and Cancellations. If, either before or after a Service Order is executed, or during the course of this Service Agreement, Spectrum determines that: (i) there is a lack of available service, facilities, or other items as detailed in Section 4, or the criteria outlined in Section 5 are not met; (ii) additional work is necessary to enable Spectrum to deliver the Services to the Service Location; (iii) access, transmission medium, equipment, adequate transmission capacity, services from or interconnection with the services or facilities of other providers, would require an additional cost or are unavailable; (iv) Customer’s inside wiring is causing signal leakage which violates the Federal Communications Commission’s guidelines; or (v) there is any other cause beyond Spectrum’s control that causes an adverse effect on Spectrum’s ability to provide the Service, then Spectrum may, at Spectrum’s sole discretion, either decline to accept or cancel a Service Order. Alternatively, Spectrum will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or Service Order.

If Spectrum notifies Customer that additional Service Charges will apply and if Customer does not agree to pay such Service Charges by executing a revised Service Order within five (5) business days of receiving the same, Customer and Spectrum shall each have the right to cancel the applicable Service at the applicable Service Location or, if no Service Order has been executed, City Council 14 – 7 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 5 of 15 © 2016-2024 Charter Communications, all rights reserved Spectrum has the right to decline to accept a pending Service Order.

6. EQUIPMENT.
(a) Equipment Responsibilities and Safeguards. Spectrum shall use commercially reasonable efforts to maintain and secure the Spectrum Equipment used by Spectrum to provide Services to Customer. Except as otherwise provided in this Service Agreement or any Service Order(s), Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment, or materials owned or provided by Customer. Customer shall not, and shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software on the Spectrum Equipment not provided by Spectrum, or otherwise tamper with or use any portion of the Spectrum Equipment without the prior consent of Spectrum. Customer shall be responsible for loss or damage to the Spectrum Equipment while at Customer's or an End User’s facilities. Customer shall also ensure that all Spectrum Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances.
(b) Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and Spectrum Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non-Spectrum switches, collectively, “PBXs”), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs Spectrum of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, Spectrum has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the Spectrum Network, including without limitation authentication or other security access procedures. Spectrum may suspend any affected Services if Spectrum discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, Spectrum Equipment, or connection to the Spectrum Network.
(c) Equipment Return, Retrieval, Repair, and Replacement. Upon termination or expiration of this Service Agreement or Service Order(s) (“Termination”): Customer shall immediately cease all use of and promptly return, if applicable, to Spectrum any software or software services provided by Spectrum (“Software”). Additionally at the discretion and direction of Spectrum:
(x) Customer shall return the Spectrum Equipment to Spectrum; (y) Customer shall allow Spectrum to retrieve the Spectrum Equipment, which Spectrum Equipment must be in the condition in which the Spectrum Equipment was originally received by Customer, subject to ordinary wear and tear; or (z) Spectrum may choose not to recover all or certain portions of the Spectrum Equipment at the Customer’s Location.

If, upon Spectrum’s request, Customer fails to return the Spectrum Equipment, or does not allow Spectrum to retrieve the Spectrum Equipment within fifteen (15) days after Services are terminated, Spectrum may, at its discretion charge Customer an amount equal to: (i) Spectrum’s then-applicable unreturned equipment charge, or the retail cost of replacement of the unreturned Spectrum Equipment; plus (ii) any and all costs and expenses incurred by Spectrum in obtaining or attempting to regain possession of the Spectrum Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged Spectrum Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects. The proper disposition of any Spectrum Equipment that is not returned to, or recovered by, Spectrum will be the sole responsibility of Customer and must be in accordance with applicable laws. The foregoing Customer obligations will survive the termination of Service.

7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services in the amount specified on the Service Order and other applicable charges as described in this Service Agreement (collectively, “Service Charges”).
(a) Charges. Spectrum invoices for monthly recurring charges specific to the Service(s) (“MRCs”), plus applicable taxes, fees, and surcharges, in advance on a monthly basis. Spectrum invoices for non-recurring, one-time charges (“OTCs”), such as construction or installation charges, after the Billing Start Date or as specified in the Service Order or as otherwise provided herein. All other charges, including usage-based charges (e.g., phone usage, pay-per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. If Spectrum fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. Spectrum shall have the right to increase MRCs for each Service after the Initial Order Term for such Service upon thirty (30) days’ notice to Customer.
(b) Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection City Council 14 – 8 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 6 of 15 © 2016-2024 Charter Communications, all rights reserved with the Services that are the subject of this Service Agreement, including but not limited to applicable federal, state, and local sales, use, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on Spectrum’s net income. If a Customer wishes to claim tax-exempt status, then Customer must supply Spectrum with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, Spectrum will apply it to Customer’s account on a prospective basis, allowing Spectrum at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse Spectrum for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from Spectrum’s reliance on such invalid certificate or documentation.

Customer hereby consents that Spectrum may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. Spectrum reserves the right, from time to time, to change the surcharges for Services under this Service Agreement to reflect incurred costs, charges, or obligations imposed on Spectrum to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, Spectrum shall have the right to collect or recover from Customer the amount of any federal, state, or local fees or taxes arising as a result of this Service Agreement, which are imposed on Spectrum or its services, or otherwise assessed or calculated based on Spectrum’s receipts from Customer that Spectrum is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice.

To the extent that a dispute arises under this Service Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon Spectrum’s net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on Spectrum’s net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services Spectrum provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from Spectrum or from its customers. Customer agrees that Spectrum has the right to determine, in its sole discretion, what fees, taxes, and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding Spectrum’s collection or remittance of such fees, taxes, and surcharges. (c) Change Requests. Any charges associated with a Service, Spectrum Equipment or Customer Equipment installations, changes, or additions requested by Customer subsequent to executing a Service Order for the applicable Service Location are the sole financial responsibility of Customer. Spectrum shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and Spectrum shall not be required to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s). (d) Site Visits and Repairs. If Spectrum visits a Service Location to either inspect the Services or respond to a service request, and Spectrum reasonably determines that the cause of the service issue is not due to a problem arising from the Network or Spectrum Equipment, but rather is due to Customer misuse, abuse, or modification of the Services, Customer Equipment or facilities, or due to similar acts by a third party not under Spectrum’s control or direction, then Spectrum may invoice Customer at Spectrum’s then-prevailing commercial rates for an on-site visit, plus any charges for Spectrum Equipment repair or replacement as a result of Customer or third-party damage that may be necessary. (e) Invoicing Disputes; Late and Collection Fees. Customer must provide notice to Spectrum of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the Service Charges per month or the maximum amount permitted by law. If Services are suspended due to late payment, Spectrum may require that Customer pay all past due charges, a reconnect fee, and one or more MRCs in advance before reconnecting Services. Spectrum may charge a reasonable service fee for all returned checks and bankcard, credit card or other charge card chargebacks.

Customer shall be responsible for all expenses, including reasonable attorney's fees and collection costs, incurred by Spectrum in collecting any unpaid amounts due under this Service Agreement. (f) Credit Verification. Spectrum shall have the right to verify Customer’s credit standing at any time. (g) Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one City Council 14 – 9 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 7 of 15 © 2016-2024 Charter Communications, all rights reserved Service (“Bundle”), then the following conditions shall apply:
i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the Spectrum program governing such Bundle, will be reflected in the MRC for the respective Services. ii. Upon Termination by Customer, for any reason other than a Spectrum Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to Spectrum’s unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Service Agreement shall otherwise remain unchanged.

8. ADMINISTRATIVE WEBSITE. Spectrum may, at its sole option, make one or more administrative Websites, including without limitation https://spectrumenterprise.net/, available to Customer in connection with Customer’s use of the Services (each an “Administrative Website”). Spectrum may furnish Customer with one or more user identifications and/or passwords for use on the Administrative Website and Customer must promptly change any Spectrum-provided user identifications and passwords to a secure, Customer-designated user identification and password. Customer shall be responsible for the confidentiality and use of such user identifications and passwords, whether provided by Spectrum or designated by Customer, and any equipment or devices used to access any Administrative Website and shall immediately notify Spectrum if there has been an unauthorized release, use, or other compromise of any user identification or password. In addition, Customer agrees that its authorized users shall keep confidential and not distribute any information or other materials made available by the Administrative Website.

Customer shall be solely responsible for all use of the Administrative Website. Spectrum shall not be liable for any loss, cost, expense, or other liability arising out of any Customer use of the Administrative Website.

Spectrum may change or discontinue the Administrative Website, or Customer’s right to use the Administrative Website, at any time. Any additional terms and policies applicable to Customer’s use of the Administrative Website will be posted on the site.

9. SUPPORT. Spectrum shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by Spectrum and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for Spectrum Equipment located at a Service Location, including without limitation, by performing reboots as requested by Spectrum. Customer is responsible for the installation, repair, and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware, or software for the use of any Service or third-party services.

Spectrum does not support third-party hardware or software used in conjunction with third-party services or supplied by Customer. Any questions concerning third-party hardware or software should be directed to the provider of that product.

Spectrum assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third-party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, Spectrum should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Spectrum’s discretion and subject to Service Charges as set forth in Section 7.

10. CUSTOMER REPRESENTATIONS AND OBLIGATIONS
(a) Representations. Customer represents and warrants to Spectrum that: (i) Customer has the authority to execute, deliver and carry out the terms of this Service Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with the terms of this Service Agreement.
(b) No Reselling. Customer shall not re-sell or re-distribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of Spectrum, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users.
(c) No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the Spectrum Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material. (d) No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the Spectrum Network, backbone, nodes, other Services, or third-party providers.

Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services.

City Council 14 – 10 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 8 of 15 © 2016-2024 Charter Communications, all rights reserved (e) Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customer shall comply, and shall ensure that its End Users comply, with all applicable laws and regulations in addition to the terms of this Service Agreement. Spectrum shall have the right to audit Customer's use of the Service remotely or otherwise, to ensure compliance with this Service Agreement. (f) Acceptable Use. As between the Parties, Customer is solely responsible for (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Service Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable Spectrum Acceptable Use Policies or that would cause, or be likely to cause, Spectrum to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §9.19 or any successor provision of the rules of the Federal Communication Commission.

For avoidance of doubt, Customer and Spectrum agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of the Service Agreement.

11. PERFORMANCE. Unless otherwise set forth in a Service Attachment or Service Level Agreement, Spectrum will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week.

It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Spectrum’s reasonable control.

Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by Spectrum to perform its obligations under this Service Agreement.

12. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. Spectrum has the right, but not the obligation, to upgrade, modify, and enhance the Spectrum Network and the Service and take any action that Spectrum deems appropriate to protect or improve the Service and its facilities. Spectrum shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance, or as permitted under applicable law.

13. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION.
(a) Default. A Party shall be in default under this Service Agreement if it has failed to comply with the terms of this Service Agreement or any Service Orders, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default”). (b) Mutual Termination Rights. Either Party may terminate this Service Agreement or a Service Order if: (i) the other Party is in Default; or (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange.
(c) Termination for Convenience by Customer. Notwithstanding any other term or provision in this Service Agreement, Customer may terminate a Service Order, or this Service Agreement, at any time upon thirty (30) days prior notice to Spectrum, subject to payment of all outstanding amounts due, payment of any applicable Termination Charges (as defined below), and the return of any Spectrum Equipment.
(d) Spectrum’s Right to Suspend. Spectrum shall have the right, at its option, without prior notice, and in addition to any other rights of Spectrum expressly set forth in this Service Agreement and any other remedies it may have under applicable law to suspend Services or any component thereof if Customer fails to comply with any applicable laws or regulations or this Service Agreement, or if Customer or its End Users’ use of the Service is determined by Spectrum, in its sole discretion, to result in a material degradation of the Spectrum Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay Spectrum any amounts due under this Service Agreement. If Spectrum suspends any Service, Spectrum may require the payment of reconnect or other charges before restarting the suspended Service.
(e) Termination Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination. In addition, if Termination is due to Customer Default or for Customer’s convenience, Customer must pay Spectrum a termination charge (a “Termination Charge”), which the Parties recognize as liquidated damages and not as a penalty.

City Council 14 – 11 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 9 of 15 © 2016-2024 Charter Communications, all rights reserved This Termination Charge shall be equal to 100% of the unpaid balance of all Service Charges that would have been due throughout the applicable Order Term, including, without limitation, the outstanding balance of any and all unpaid OTCs. The foregoing terms will also apply to any partial Termination impacting one or more Service Orders, but not the entire Service Agreement.
(f) Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, 18-22 and the Service Attachments shall survive the termination or expiration of the Service Agreement.

14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(a) DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE

AND SPECTRUM EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. SPECTRUM EXERCISES NO CONTROL OVER AND HAS NO

RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH

THE SERVICE AND SPECTRUM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICE AGREEMENT, THE SERVICE, SPECTRUM EQUIPMENT, AND ANY SPECTRUM MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,

SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. SPECTRUM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT

UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT

DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE SERVICE

AGREEMENT, SPECTRUM DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY SPECTRUM WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE.

CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND

WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE,

INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT SPECTRUM’S THIRD-PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER

THIS SERVICE AGREEMENT, AND SPECTRUM DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE

PROVIDERS UNDER THIS SERVICE AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
(b) LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS SERVICE AGREEMENT TO THE

CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY

INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING

LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICE AGREEMENT

OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY

THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICE AGREEMENT. SPECTRUM’S MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE

ORDER SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO SPECTRUM FOR THE APPLICABLE SERVICE ORDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SPECTRUM SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER

EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER

MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES, OR SERVICES.

15. INDEMNIFICATION.
(a) CUSTOMER INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless Spectrum, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties”) against any and all third-party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following:
i. Customer’s misuse of the Services;
ii. Customer’s failure to comply with any applicable law, order, rule, regulation or ordinance or this Service Agreement; or iii. Personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct.
(b) SPECTRUM INDEMNIFICATION. Spectrum shall indemnify and defend the Customer, its City Council, officials, directors, officers, agents and employees, (the "Indemnified Parties"), from and against any and all third party claims, liabilities, lawsuits, damages losses, judgments, costs, fees and expenses, including reasonable attorneys’ and other professionals’ fees and court costs,, for bodily injury, death, or tangible property damage directly caused by the negligence or willful misconduct of Spectrum, its employees, agents, or contractors, at the Service Location(s) as a direct result from Spectrum’s installation, removal or maintenance of the Spectrum Equipment.

Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim, at the indemnified party’s cost.

16. COMPLIANCE WITH LAWS. As between the Parties, Spectrum shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Spectrum’s operation and provision of the Services as contemplated in the Service Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Service Agreement.

Unless specified otherwise in the Service Agreement, each Party shall give all notices, pay all fees and comply with all applicable laws, ordinances, rules and regulations relating to its performance obligations specified in the Service Agreement. The Service Agreement is subject to all applicable federal, state, or local laws and regulations in effect in the relevant jurisdiction(s) in which Spectrum provides the Services. If any provision of the Service Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Service Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Service Agreement, then such law or regulation shall take priority over the relevant provision of the Service Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Service Agreement, nothing contained in the Service Agreement shall constitute a waiver by Spectrum of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance, or removal of the Services, facilities or equipment.

17. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of Spectrum’s delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by Spectrum in providing the Services, Customer acknowledges and agrees that Spectrum may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. Spectrum shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Service Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without an obligation to pay Termination Charges, provided Customer notifies Spectrum at least thirty (30) days in advance of Customer’s requested termination date. Further, in the event that Spectrum is required to file tariffs or rate schedules with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Services or any portion thereof, then the terms set forth in the applicable tariff or rate schedule shall govern Spectrum’s delivery of, and Customer’s use or consumption of the Services. In addition, if Spectrum determines that offering or providing the Services, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then Spectrum may terminate the Service Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination.

18. ARBITRATION. Intentionally Omitted.

19. PROPRIETARY RIGHTS AND CONFIDENTIALITY.

City Council 14 – 13 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 11 of 15 © 2016-2024 Charter Communications, all rights reserved (a) Spectrum’s Proprietary Rights. All materials including, but not limited to, any Spectrum Equipment (including related firmware), software, data and information provided by Spectrum, any identifiers or passwords used to access the Service or otherwise provided by Spectrum, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto, used by Spectrum to provide the Service (collectively “Spectrum Materials”) shall remain the sole and exclusive property of Spectrum or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the Spectrum Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the Spectrum Materials solely for Customer's use of the Service.

Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the Spectrum Materials, in whole or in part, or use them for the benefit of any third party.

Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the Spectrum Materials not expressly granted to Customer herein are reserved to Spectrum or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the Spectrum Equipment or Spectrum Materials as and where installed by Spectrum, and shall not remove any markings or labels from the Spectrum Equipment or Spectrum Materials indicating Spectrum (or its suppliers) ownership or serial numbers. (b) Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the Spectrum Materials and any other information and materials provided by Spectrum in connection with this Service Agreement, including but not limited to the contents of this Service Agreement and any Service Orders. Customer may not issue a press release, public announcement or other public statements regarding the Service Agreement without Spectrum’s prior consent.
(c) Software. If Software is provided to Customer hereunder, Spectrum grants Customer a limited, non-exclusive, and non-transferable license to use such Software, in object code form only, for the sole and limited purpose of using the Services for Customer’s internal business purposes during the Term. Customer shall not copy, reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any Software. Upon termination of a Service Order, the license to use any Software provided by Spectrum to Customer in connection with the Services provided under the Service Order shall terminate and Customer shall destroy any copies of the Software provided to Customer.

20. PRIVACY. Spectrum maintains a Privacy Policy that provides consumers with notice of Spectrum’s collection, use, maintenance, and disclosure of information, and their rights and choices with respect to such practices under applicable US state and/or federal laws and regulations. The Privacy Policy may be found on Spectrum’s website at https://enterprise.spectrum.com/. The Privacy Policy may be updated or modified from time-to-time by Spectrum, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in a Service Attachment, the Privacy Policy, and, if applicable, in Spectrum’s tariff, which are incorporated into, and made a part of, this Service Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that Spectrum may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, Spectrum shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril.

21. NOTICES.
(a) Except for notice to terminate the Service Agreement or to disconnect any Services as set forth in Section 21(b) below, all other notices to be given under this Service Agreement shall be validly given or served only if in writing and sent by nationally recognized overnight delivery service or certified mail, return receipt requested, to the following addresses If to Spectrum:

Charter Communications Operating, LLC
ATTN: Commercial Customer Agreements
Corporate - Legal Operations
12405 Powerscourt Drive
St. Louis, MO 63131
Notices to Customer shall be sent to the Customer billing address or as set forth in the Service Agreement. Each Party may City Council 14 – 14 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 12 of 15 © 2016-2024 Charter Communications, all rights reserved change its respective address(es) for legal notice by providing notice to the other Party. Upon Spectrum’s request, Customer will also provide Spectrum with a current email address that Customer regularly checks so that Spectrum may provide copies of notices and other communications to Customer by email.
(b) Disconnect Notice. Customer may disconnect a Service or all Services under the Services Agreement by following the instructions available at this link: https://enterprise.spectrum.com/support/faq/account/how-to-cancel-service.html (such instructions in the link may be updated from time to time).

22. MISCELLANEOUS.
(a) Entire Agreement. These Terms of Service incorporate all applicable Service Attachments located at https://enterprise.spectrum.com/legal/terms-and-conditions.html (or successor URL), as the same are updated from time to time (“Service Attachments”). A Service Attachment will apply only if Customer purchases Service(s) associated with the particular Service Attachment, and Customer’s use of the Service(s) shall be deemed Acknowledgement that Customer has read and agreed to the applicable Service Attachments. The Service Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof. The Service Agreement supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of the Service Agreement, including without limitation any prior confidentiality or non-disclosure agreement between the Parties regarding the purchase and sale of the Services.

Customer should also consult Spectrum’s website https://enterprise.spectrum.com/ to be sure Customer is aware of Spectrum’s Acceptable Use Policies, Network Management Practices, applicable tariffs, online product descriptions, and other policies or practices that are applicable to Customer’s use of the Services (collectively “Policies”). Customer’s use of the Services shall be deemed acknowledgment that Customer has read and agreed to Spectrum’s Policies as a part of the Service Agreement. (b) Signatures; Electronic Transactions. This Service Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. (c) Order of Precedence. Each Service shall be provisioned pursuant to the terms and conditions of this Service Agreement. In the event that Spectrum permits Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the terms of the Service Agreement or any Service Order are inconsistent with the terms of any applicable tariff, the tariff shall control.

To the extent that the terms of any Service Order are inconsistent with the terms of these Terms of Service, the Terms of Service shall control, excluding pricing discounts, nonrecurring fees, or order fulfillment timing terms to the extent permissible under applicable law set forth in the Service Order that shall control. (d) No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Service Agreement and the associated Service Order(s), or their rights or obligations hereunder to any other entity without first obtaining consent from Spectrum, and any assignment or transfer in violation of this Section shall be null and void. Spectrum may assign its rights and obligations under this Service Agreement, in whole or in part, and any Service Order(s) to affiliates controlling, controlled by or under common control with Spectrum, or to its successor-ininterest if Spectrum sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of Spectrum in the Service Agreement may accrue to, or be fulfilled by, any affiliate, as well as by Spectrum or its subcontractors. (e) Severability. To the extent any term, covenant, condition or portion of this Service Agreement is held to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected, and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties.
(f) Force Majeure. Notwithstanding anything to the contrary in the Service Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event”). Changes in economic, business, or competitive conditions shall not City Council 14 – 15 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 13 of 15 © 2016-2024 Charter Communications, all rights reserved be considered a Force Majeure Event.
(g) Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of California shall govern the construction, interpretation, and performance of this Service Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded. Any legal action brought under or in connection with the subject matter of the Service Agreement shall be brought only in the United States District Court for the Central District of California or, if such court would not have jurisdiction over the matter, then only in a California state court sitting in Orange County, California.

Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Service Agreement in any other court or forum.

Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Service Agreement in the Federal or state courts sitting in Orange County, California, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Except as otherwise specified in Section 7(e), any claim that Customer wishes to assert under the Service Agreement must be initiated not later than one (1) year after the claim arose. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF

OR RELATING TO THIS SERVICE AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE

PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND SPECTRUM EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY. (h) No Third-Party Beneficiaries. The terms of this Service Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Service Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and no person or entity not a Party to this Service Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties. (i) Waiver. Except as otherwise provided herein, the failure of Spectrum to enforce any provision of this Service Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on Spectrum, any waiver must be in writing. (j) Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. (k) Insurance Requirements.

Spectrum shall procure and maintain for the duration of the Service Agreement insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of Customer’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Company, its agents, representatives, or employees.

Spectrum may look to its insurance coverage to satisfy any of its obligations under the Service Agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. 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 no less than $1,000,000 per occurrence and $2,000,000 general aggregate.

2. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to Spectrum’s profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Spectrum in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Spectrum’s failure to provide professional services and/or products under this Service Agreement. The Policy shall include, or be endorsed to include damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody, or control of Spectrum.

3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits.

4. Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease.

If Spectrum maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Spectrum’s CGL, and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in connection with such work or operations.

Spectrum's Insurance companies agree to waive all rights of subrogation against the City of Santa Ana, its City Council, its officers, officials, employees, agents and volunteers for losses paid under the terms of any policy which arise from work performed by Spectrum under this Service Agreement.

For any claims related to this contract, Spectrum’s insurance coverage shall be primary, and any insurance maintained by Customer, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

A severability of interest provision must apply for all the additional insureds, ensuring that Spectrum’s insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the insurer’s limits of liability.

Thirty (30) days’ prior written notice shall be provided to Customer for material change(s) to coverage and/or policy limits, policy cancellation or non-renewal.

Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.

Best rating of no less than A-:VII, unless otherwise acceptable to Customer.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract.

2. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

Verification of Coverage
Company shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Company’s obligation to provide them.

Special Risks or Circumstances
City Council 14 – 17 3/18/2025
Enterprise Terms of Service v 240607 CONFIDENTIAL Page 15 of 15 © 2016-2024 Charter Communications, all rights reserved Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any changes to these requirements require a mutually executed Amendment to the Service Agreement.

City Council 14 – 18 3/18/2025
250224 City of Santa Ana + Spectrum MSA
(FINAL)
Final Audit Report 2025-02-26
Created: 2025-02-26
By: MELANIE TORRES ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAlZuQFskKSE7J0b2VMOQGIJhrtnp35IlG "250224 City of Santa Ana + Spectrum MSA (FINAL)" History Document digitally presigned by DocuSign\, Inc. ([email protected]) 2025-02-24 - 9:14:51 PM GMT
Document created by MELANIE TORRES ([email protected]) 2025-02-26 - 0:03:58 AM GMT
Document emailed to Jon Martinez ([email protected]) for signature 2025-02-26 - 0:11:53 AM GMT
Email viewed by Jon Martinez ([email protected]) 2025-02-26 - 1:37:30 AM GMT
Document e-signed by Jon Martinez ([email protected]) Signature Date: 2025-02-26 - 1:38:14 AM GMT - Time Source: server Agreement completed.
2025-02-26 - 1:38:14 AM GMT
City Council 14 – 19 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 1 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

SERVICE ORDER
THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect.

Spectrum Enterprise Contact Information
Contact: Wayne Gilchrist
Telephone: 760-674-5543
Email: [email protected]
Customer Information
Customer Name

CITY OF SANTA ANA
Order #
14441749
Address
20 CIVIC CENTER PLZ SANTA ANA CA 92701
Telephone
7146475384
Email:
[email protected]
Contact Name
Mike Fetner
Telephone
7146475384
Email:
[email protected]
Billing Address
20 CIVIC CENTER PLZ SANTA ANA CA 92701
Billing Contact Name Telephone Email:

NEW AND REVISED SERVICES AT 1801 E Chestnut Ave , Santa Ana CA 92701 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Hub - ELINE Master 48 Months 1 $0.00 $0.00
EVPL 200Mbps 48 Months 1 $840.00 $840.00
TOTAL* $840.00
City Council 14 – 20 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 2 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

NEW AND REVISED SERVICES AT 3750 W Mcfadden Ave Unit Ste I, Santa Ana CA 92704 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL 100Mbps 48 Months 1 $660.00 $660.00
Spoke 48 Months 1 $0.00 $0.00
TOTAL* $660.00
NEW AND REVISED SERVICES AT 706 N Newhope St , Santa Ana CA 92703 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Spoke 48 Months 1 $0.00 $0.00
EVPL 100Mbps 48 Months 1 $660.00 $660.00
TOTAL* $660.00
NEW AND REVISED SERVICES AT 220 S Daisy Ave , Santa Ana CA 92703 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Spoke 48 Months 1 $0.00 $0.00
EVPL Custom Bandwidth 48 Months 1 $840.00 $840.00
TOTAL* $840.00
NEW AND REVISED SERVICES AT 600 E Memory Ln , Santa Ana CA 92705 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00
Hub - ELINE Master 48 Months 1 $0.00 $0.00
TOTAL* $660.00
City Council 14 – 21 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 3 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

NEW AND REVISED SERVICES AT 3405 W Castor St , Santa Ana CA 92704 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Spoke 48 Months 1 $0.00 $0.00
EPL Custom Bandwidth 48 Months 1 $650.00 $650.00
TOTAL* $650.00
NEW AND REVISED SERVICES AT 424 W 3rd St , Santa Ana CA 92701 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Hub - ELINE Master 48 Months 1 $0.00 $0.00
EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00
TOTAL* $600.00
NEW AND REVISED SERVICES AT 510 Memory Ln , Santa Ana CA 92705 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Hub - ELINE Master 48 Months 1 $0.00 $0.00
EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00
TOTAL* $660.00
NEW AND REVISED SERVICES AT 20 Civic Center Plz , Santa Ana CA 92701 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Hub - ELINE Master 48 Months 1 $0.00 $0.00
EPL Custom Bandwidth 48 Months 1 $1,309.00 $1,309.00
TOTAL* $1,309.00
City Council 14 – 22 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 4 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

NEW AND REVISED SERVICES AT 1780 E Mcfadden Ave Unit Ste11B, Santa Ana CA 92705 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00
Hub - ELINE Master 48 Months 1 $0.00 $0.00
TOTAL* $600.00
NEW AND REVISED SERVICES AT 2201 W Mcfadden Ave , Santa Ana CA 92704 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00
Spoke 48 Months 1 $0.00 $0.00
TOTAL* $660.00
NEW AND REVISED SERVICES AT 2627 W Mcfadden Ave , Santa Ana CA 92704 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL Custom Bandwidth 48 Months 1 $600.00 $600.00
Hub - ELINE Master 48 Months 1 $0.00 $0.00
TOTAL* $600.00
NEW AND REVISED SERVICES AT 2102 S Flower St , Santa Ana CA 92707 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL 100Mbps 48 Months 1 $650.00 $650.00
Spoke 48 Months 1 $0.00 $0.00
TOTAL* $650.00
City Council 14 – 23 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 5 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

NEW AND REVISED SERVICES AT 401 N Sullivan St Unit Fiber, Santa Ana CA 92703 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Spoke 48 Months 1 $0.00 $0.00
EVPL 100Mbps 48 Months 1 $600.00 $600.00
TOTAL* $600.00
NEW AND REVISED SERVICES AT 602 N Flower St , Santa Ana CA 92703 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
EVPL Custom Bandwidth 48 Months 1 $660.00 $660.00
Hub - ELINE Master 48 Months 1 $0.00 $0.00
TOTAL* $660.00
NEW AND REVISED SERVICES AT 1009 N Custer St , Santa Ana CA 92701 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total
Monthly
Recurring
Charge(s)
Hub - ELINE Master 48 Months 1 $0.00 $0.00
EVPL 100Mbps 48 Months 1 $660.00 $660.00
TOTAL* $660.00

1. TOTAL CHARGE(S). Total monthly recurring charges and total one-time charges are due in accordance with the monthly invoice.

2. TAXES. Plus, applicable taxes, fees, and surcharges as presented on the respective invoice(s).

3. SPECIAL TERMS.

For the purposes of this Service Order only, the Parties agree to the following provision.

PORTABILITY. After the first twelve (12) months of the Initial Order Term of a Service hereunder, and upon at least sixty (60) days prior written notice to Spectrum, Customer may elect to terminate and move the Service from an existing Service Location (the “Original Location”) to a new location within the Spectrum service area where use of a third-party service provider is not required (“New Location”). Such termination and relocation shall not be subject to a Termination Charge provided that Customer: (a) provides notice to Spectrum of the date on which Spectrum is to terminate Service at the Original Location (“Termination Date”); (b) places a Service Order for replacement Services at the New Location on or prior to the Termination Date; (c) pays Spectrum all amounts due and owing (including, without limitation, unpaid OTCs) as of the Termination Date City Council 14 – 24 3/18/2025
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 6 of 6 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 11/13/2024

for all Services provided by Spectrum and the costs and expenses incurred by Spectrum to terminate Services at the Original Location (including, without limitation, applicable third-party termination charges); and (d) pays Spectrum upon receipt of invoice all applicable OTCs associated with the replacement Service at the New Location. Additionally, the replacement Service at the New Location must have a value (determined by multiplying the number of months in the replacement Service’s Initial Order Term by such Service’s MRCs) equal to or greater than the remaining value in the original Service (such value determined by multiplying the number of months remaining in the original Service’s Initial Order Term by such Service’s MRCs).

By signing below, the signatory represents they are duly authorized to execute this Service Order

CUSTOMER
Charter Communications Operating, LLC
By: Charter Communications, Inc., its Manager
\s1\
Signature: /spectrumsigner1/
\s2\
Signature: /spectrumsigner2/
\n1\
Printed Name: /spectrumsignername1/
\n2\
Printed Name: /spectrumsignername2/

Title: /spectrumsignertitle1/

Title: /spectrumsignertitle2/
\d1\
Date: /spectrumsigneddate1/
\d2\
Date: /spectrumsigneddate2/
Mark A Kornegay
GVP, Vertical Markets Sales
2/24/2025
City Council 14 – 25 3/18/2025
Finance and Management Services
www.santa-ana.org/finance
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 18, 2025
TOPIC: Early Direction for the Fiscal Year 2025-26 Budget

AGENDA TITLE
Early Direction for the Fiscal Year 2025-26 Budget

RECOMMENDED ACTION
Provide direction for preparation of the proposed FY2025-26 budget.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
This Early Direction agenda item marks the commencement of City Council deliberations for the upcoming FY 2025-26 budget. The report serves two purposes: to provide information relevant to the FY 2025-26 budget and future fiscal years, and to request direction from the City Council. City Council is scheduled to review the proposed budget in May, followed by a public hearing in June.

Community Engagement
City staff presented the FY25-26 Community Engagement Plan to City Council on December 17, 2024, emphasizing a transparent and inclusive budget process. This year, special attention is being given to amplifying youth voices. To achieve this, staff is collaborating with youth nonprofits to hold focus groups and will attend the March 17 Youth Commission meeting to gather feedback on youth spending priorities.

Community engagement activities began in January 2025, with Budget staff participating in a Ward 5 Neighborhood Association meeting and the Lunar New Year Celebration at Centennial Park. Staff is committed to reaching all Council Wards and has scheduled additional meetings with neighborhood associations and local nonprofits throughout February, March, and April. Feedback from these sessions will be compiled in early May and presented to City Council during one of three scheduled budget workshops. The City remains dedicated to ensuring community input plays a key role in shaping the budget.

As part of this effort, the annual budget survey has also been released on the City website to gather broader community input.

City Council 15 – 1 3/18/2025
Early Direction for the Fiscal Year 2025-26 Budget
March 18, 2025

Page 2 ends

Santa Ana City CouncilMarch 18, 2025

Santa Ana City Council
March 18, 2025